motion states a colorable claim (Tennessee) · Go Syfert
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motion states a colorable claim in Tennessee

68 Tennessee opinions name it 2 courts 2015–2026 26 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Summers v. Stategreen
tenn · 2007 · cited in 21 Tennessee opinions naming this issue, 2017–2026
2 sentences

2026Id. at 589 (citing Summers v. State, 212 S.W.3d 251, 255 (Tenn. 2007)).

2025State v. Wooden, 478 S.W.3d 585, 589 (Tenn. 2015) (citing Summers v. State, 212 S.W.3d 251, 255 (Tenn. 2007)).

2121
State of Tennessee v. James D. Woodengreen
tenn · 2015 · cited in 59 Tennessee opinions naming this issue, 2015–2026
2 sentences

2022In determining whether a motion states a colorable claim, the trial court “may consult the record of the proceeding from which the allegedly illegal sentence emanated.” Id.

2022In determining whether a motion states a colorable claim, the trial court"may consult the record of the proceeding from which the allegedly illegal sentence emanated." Id.

1859
David CANTRELL v. Joe EASTERLING, Wardengreen
tenn · 2011 · cited in 3 Tennessee opinions naming this issue, 2016–2017
2 sentences

2017Id. at 589 (citing Summers v. State, 212 S.W.3d 251, 255 (Tenn. 2007)). -2- In Wooden, the Tennessee Supreme Court recognized that “mistakes in sentencing are inevitable, but few sentencing errors render sentences illegal.” Id. at 595 (citing Cantrell v. Easterling, 346 S.W.3d 445, 448-49 (Tenn. 2011)).

2017Id. at 589 (citing Summers v. State, 212 S.W.3d 251, 255 (Tenn. 2007)). -2- In State v. Wooden, the Tennessee Supreme Court recognized that “mistakes in sentencing are inevitable, but few sentencing errors render sentences illegal.” Id. at 595 (citing Cantrell v. Easterling, 346 S.W.3d 445, 448-49 (Tenn. 2011)).

23
House v. Closegreen
tennctapp · 1961 · cited in 1 Tennessee opinions naming this issue, 2024–2024
1 sentence

2024Id. -2- Only fatal errors result in an illegal sentence and “are so profound as to render the sentence illegal and void.” Id. at 595 ; see State v. Cantrell, 346 S.W.2d 445, 452 (Tenn. 2011).

11
Danny A. Stewart v. Derrick D. Schofield, Commissioner, Tennessee Department of Correctiongreen
tenn · 2012 · cited in 1 Tennessee opinions naming this issue, 2018–2018
1 sentence

2018See id. at (b)(3).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
State v. Vick green
tenncrimapp · 2007
1 sentence

2018Upon our review, we agree with the State. 2 In reaching its decision, this Court determined that “since the State was unable to show the specific elements of the conviction offense [of assault and battery of a high and aggravated nature], it remains unknown whether the facts to which the defendant pled guilty would constitute a crime in Tennessee.” Vick, 242 S.W.3d at 796 . -2- Whether a motion states a colorable claim for correction of an illegal sentence under Rule 36.1 is a question of law calling for de novo review.

12018–2018

Statutes the citing opinions construe

TN § Tenn. Code Ann. § 40-35-112 (15) TN § Tenn. Code Ann. § 40-35-501 (9) TN § Tenn. Code Ann. § 39-13-202 (6) TN § Tenn. Code Ann. § 40-35-115 (5) TN § Tenn. Code Ann. § 39-13-204 (4) TN § Tenn. Code Ann. § 39-17-417 (4) TN § Tenn. Code Ann. § 39-17-432 (4) TN § Tenn. Code Ann. § 40-35-111 (4) TN § Tenn. Code Ann. § 41-21-236 (4) TN § Tenn. Code Ann. § 40-20-111 (3) TN § Tenn. Code Ann. § 40-35-105 (3) TN § Tenn. Code Ann. § 40-35-210 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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