TBA Law Blog

TBA Law Blog

Supreme Court Applies Criminal Savings Statute to Reinstate Sentence for Repealed Offense

Posted by: Kate Prince on Aug 30, 2022

The Tennessee Supreme Court today held that, unless the legislature says otherwise, a person who commits an offense that is later repealed must be prosecuted under the law in effect when the offense was committed. The high court reinstated the sentence of Marvin Maurice Deberry, who was convicted of driving after being declared a motor vehicle habitual offender (MVHO). While Deberry awaited his sentencing hearing, the legislature repealed the MVHO offense and replaced it with alternative procedures. After being sentenced, Deberry filed for a reduction of sentence, citing a state law known as the criminal savings statute. According to the statute, if a new law “provides for a lesser penalty,” then any punishment imposed must be in accordance with the new law. The Court of Criminal Appeals agreed with Deberry, but the Supreme Court today reversed that decision and reinstated Deberry’s sentence. The justices found that when a statute repeals a criminal offense altogether rather than reducing the punishment for the offense, the defendant must be convicted and sentenced under the law in effect at the time of offense. Read more from the Administrative Office of the Courts.

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