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Voluntariness of Post-Conviction Relief in Tennessee

By Baker Associates

On January 14, 2009, the Tennessee Criminal Court of Appeals had an opportunity to revisit the law on the voluntariness of a guilty plea. In Shockley v. State of Tennessee, a Davidson county grand jury indicted the petitioner/defendant on four counts of rape of a child and nine counts of aggravated sexual battery. Under a plea agreement, the defendant pled guilty to only four counts of aggravated sexual battery in Tennessee. The trial court then imposed an effective sentence of sixteen years in prison. After sentencing, the defendant petitioned for post-conviction relief claiming that his guilty plea was not knowingly and voluntarily entered because he had taken Zoloft, Xanax, and Ambien prior to the plea hearing. The Court, however, rejected the defendant?s petition because there was no evidence other than the defendant?s testimony that he had taken the prescription drugs...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on May 29, 2009 (boomark / email).