TBA Law Blog

Posted by: Stacey Shrader Joslin on Dec 23, 2013

The Tennessee Supreme Court on Friday adopted a new standard to guide appellate court review of decisions that impose consecutive sentences for multiple convictions. The decision came in the case of James Allen Pollard, who was found guilty of first-degree murder and aggravated robbery. The trial court imposed consecutive sentences of life in prison for the murder and 18 years for the robbery. The appellate court affirmed the conviction but instructed the trial court to identify the factors that supported imposition of consecutive sentences. The Supreme Court upheld that approach, directing trial courts to identify a specific evidentiary basis for “stacking” sentences. It also ruled that if a lower court finds an appropriate basis for consecutive sentences, appellate courts must find an abuse of discretion to justify overturning the decision.