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Lack of Notice gets Life Sentence Overturned

By Baker Associates

Notice is an extremely important concept in American criminal law, the basic premise being that no person should be imprisoned or otherwise punished without at least some sort of warning that something bad is about to befall them. Tennessee?s criminal justice framework places a very high premium on the concept of notice by requiring that it be given in certain situations where the state seeks to enhance a defendant?s sentence. For example, the state must file a notice of intent to seek the death penalty in capital murder cases. There are many different situations in which such notice must be filed, and failure to do so will often prevent the state from being able to obtain the enhanced sentence which it was originally seeking.

Full post as published by Tennessee Criminal Lawyer Blog on September 30, 2010 (boomark / email).