State Court Rules Completed Judicial Diversion Not A Conviction

Friday, April 04, 2014

In a unanimous opinion, the Tennessee Supreme Court has ruled that a guilty plea expunged after successful completion of judicial diversion is not considered a conviction and would not be subject to review in post-conviction proceedings.

The case involves Jose Rodriguez, a Mexican citizen who in 2007 entered a guilty plea for patronizing a prostitute in the Nashville area and was placed on judicial diversion.  Mr. Rodriguez completed his diversion, and his criminal record was expunged in January 2010.

Later that year, the United States Supreme Court held that the Constitution requires an attorney to inform non-citizen clients of the potential immigration consequences of a guilty plea.  In 2011, Mr. Rodriguez filed a post-conviction petition, alleging he would not have pleadwd guilty had he known that there may be immigration consequences to his plea.

A trial court ruled that Mr. Rodriguez waited more than the one year allowed by law to file his post-conviction petition and, on appeal, the Court of Criminal Appeals held that a petitioner whose records have been expunged may not seek post-conviction relief.

The Tennessee Supreme Court recognized that the Post-Conviction Act, which provides an avenue of relief to a defendant whose conviction was obtained in violation of a state or federal constitutional right, does not define the term “conviction.” The Act, however, requires the entry of a “judgment of conviction,” which includes a guilty plea, a formal adjudication by the trial court, and the imposition of a sentence. When a person completes judicial diversion, a judgment of conviction is never entered.  The Court therefore concluded that “a guilty plea expunged following successful completion of judicial diversion is not a conviction within the meaning of the Post-Conviction Act.” Because Mr. Rodriguez did not have a conviction, he is not entitled to post-conviction relief.

To read the opinion in Jose Rodriguez v. Tennessee authored by Justice Janice M. Holder, visit the Opinions section of TNCourts.gov.

 


Early Morning Fire Damages Hixson Home

Fire caused substantial damage to a Hixson home early Saturday morning. Fortunately, no one was injured. The Chattanooga Fire Department received the alarm at 3 a.m. and responded to 6208 North Innsbrook Drive with five fire companies. Battalion Chief Charles Patten said smoke and flames were visible in the attached garage when the first firefighters arrived. The two ... (click for more)

Marcus Davis Shot On Walker Avenue Friday Night

Marcus Davis, 25,  was shot Friday night on Walker Avenue. At approximately 10:52 p.m., Chattanooga Police responded to the 1900 block of Walker Avenue on a person shot call.  The victim suffered a gunshot wound to the left knee, and was transported to a local hospital with the non-life-threatening injury. Chattanooga Police ask anyone with information regarding ... (click for more)

Mackey Should Be Thankful For The State Troopers On Highway 153

This is in response to a statement made by Warren Mackey at the commission meeting.  His question was to the mayor regarding the state troopers writing tickets on Highway 153, saying they were on a rampage.   It is apparent that Mr. Mackey doesn’t travel this highway.  His only concern was that the ticket money was going into state funds and not into county funds. ... (click for more)

Roy Exum: A Must-Read For Parents

If you have a child or if you love one, what you are about to read could be one of the most important lessons in your life. I have a great friend in Dallas – Sandy Pohfal – who regularly shares stories with me that are moving, inspirational or important. This is all three. This story was written by a celebrated author, Christie Craig. She has written hundreds of articles for ... (click for more)

Signal Mountain "Grounds" East Hamilton, 28-19

Signal Mountain was determined to run the football and take time off the clock Friday night in the second half of its 28-19 non-district victory over rival East Hamilton before a standing-room-only crowd at Hurricane Hill. “That’s our kind of football,” Eagles coach Bill Price said after the season opening game for both teams. “It was a tough football game and we just got out ... (click for more)

Maynor Leads Soddy Daisy Past Hixson, 49-36

If you wanted to see a lot of offense in a high school football game, then you should have been at  Soddy Daisy's Robert Talaska Field Friday night. Defense was all but non-existent on either side as the host Trojans took advantage of five touchdown passes from southpaw senior quarterback Hunter Maynor to outlast the Hixson Wildcats, 49-36. The last two minutes of the ... (click for more)