TBA Law Blog


Posted by: Stacey Shrader Joslin on Mar 26, 2021

The Tennessee Supreme Court ruled today that a sentence imposed in accordance with a statute that later was declared unconstitutional is voidable, but not illegal, within the meaning of Tennessee Rule of Criminal Procedure 36.1. The rule allows defendants or the state to file a motion at any time to correct an illegal sentence, which is defined as a sentence that is not authorized by law or directly conflicts with the law. By contrast, the court said voidable sentences must be challenged through the post-conviction process, which has set time limits. The court said it based its reasoning on the fact that the law in question (a criminal gang enhancement statute) was presumptively constitutional and did not directly conflict with any other law at the time the sentence was imposed, though it was later found to be unconstitutional. The unanimous opinion was authored by Justice Cornelia A. Clark.