Post-Conviction Remedies in Tennessee

While being found guilty is devastating, there may still be ways to overturn the decision or reduce the sentence. There are different remedies that can be asserted depending on the facts of the case, the legal arguments that were made, and other factors. Here are the general rules.

After being found guilty, there is usually a sentencing hearing and the filing of a motion for a new trial or other related motions in the trial court. Then the appeals process begins.

The first appeal is a direct appeal to the Tennessee Court of Criminal Appeals and then an individual may ask the Tennessee Supreme Court to hear a further appeal. The Tennessee Supreme Court is not required to hear an appeal from the Tennessee Court of Criminal Appeals. If a federal constitutional issue is involved, one could in theory appeal to the United States Supreme Court, but the high Court receives thousands of requests to hear appeals (called a writ of certiorari) and hears only a handful of appeals from state courts.

For a direct appeal to the Tennessee Court of Criminal Appeals, the appeal typically focuses on the validity of the conviction or sentence:  Were the rulings by the trial judge correct? Not every error means that there will be a reversal. Errors generally must be material to the overall decision by the judge or jury as to the defendant’s guilt or innocence. Appellate courts review the lower court record.

Both the defendant and the attorney for the state file written briefs detailing the facts and the applicable law. A panel of judges may hear oral argument and then later issue a written opinion.

If the individual has no success on direct appeal, he or she can file for post-conviction relief in state courts, sometimes called a collateral appeal. Post-conviction relief is more limited than a direct appeal, which has limitations of its own. Defendants, within a year of a final order, can file a post-conviction petition with the trial court. This petition seeks to have convictions overturned and sentences modified based on errors at trial that, for legal reasons, may not be raised on direct appeal, such as ineffective assistance of counsel. If a defendant loses this petition, he/she can then file an appeal with the Tennessee Court of Criminal Appeals.

If the defendant is not successful in overturning or modifying the conviction or sentence, the defendant may file a petition for writ of habeas corpus in the federal district court. This is a claim to release the defendant due to his or her being unlawfully detained in violation of a federal constitutional right. If the federal district court denies the writ, Tennessee defendants can appeal to the Sixth Circuit Court of Appeals. Appeals can next be taken to the US Supreme Court, which, again, are rarely accepted. Congress has made granting habeas corpus relief very difficult.

Nonetheless, the law does provide potential remedies for wrongful convictions. For instance, a defendant may try to offer new and materially exculpatory evidence or argue ineffective assistance of counsel or prosecutorial misconduct.

Defendants may find legal representation helpful after conviction for issues such as parole violation hearings, probation violation hearings, requests for pardons or clemency, petitions to restore rights or citizenship, or requests to expunge criminal records or for removal from sex-offender registries or other issues.

Nashville criminal defense attorney Perry A. Craft has been representing the accused for 40 years. He works hard for you whether in preparing for trial, negotiating a plea on your behalf, trying the case, or handling an appeal. If there is a conviction, he’ll fight to overturn the verdict. To speak with an experienced criminal defense lawyer, call the Law Office of Perry A. Craft, PLLC at 615-953-3808 or fill out our contact form to arrange a time to talk about your case.