State Court Rules Completed Judicial Diversion Not A Conviction

Friday, April 4, 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.

 


Department Of Safety And Homeland Security Issues New Driver License Or ID Cards Due To Printing Error

Tennessee Department of Safety and Homeland Security on Monday announced that it had re-issued new permanent driver licenses or photo ID cards to citizens who recently received a card with incorrect content due to a printing error. The driver licenses or ID cards were incorrectly issued with the phrase “Not for Federal Identification” to 3,500 Tennesseans. The cards were issued ... (click for more)

Chattanooga Man Charged With Murder In Johnson City

A Chattanooga man has been charged with killing another man in Johnson City, Tn. Amando Stewart, 22, of 1701 Oak St., was arrested for second-degree murder in the death late Sunday night of LeDearrius Young, 24. When police arrived at an apartment on Mint Hill Road, they found the victim lying on the kitchen floor. Stewart was found in a vehicle outside the apartment. ... (click for more)

Tennessee Deserves Better Health Reform

Tennessee needs health care reform. Expanding Medicaid under the Affordable Care Act, or "Obamacare," was not the best solution for Tennesseans. That is why the vast majority of Tennessee legislators never publicly supported the plan defeated in a special legislative session in February.   It is important to distinguish health care from health insurance. As one physician ... (click for more)

Roy Exum: Cameras Or Subterfuge?

State Rep. Andy Holt (R-Dresden) is an easy-to-like member of the Tennessee Legislature and the fact he is teaming with state senator Todd Gardenhire (R-Chattanooga) to rid the state of its loathsome traffic cameras is indeed a wonderful thing. The legislative action is long overdue, with the biggest winners being the out-of-state camera companies. That alone is just about all you ... (click for more)

Region 3-AA Boys Final At Chattanooga State Monday

The fifth meeting between the Brainerd Panthers and the Central Purple Pounders will be held at Chattanooga State on Monday night with the tipoff set for 7 p.m. This upcoming game will be the biggest to date as it's for the Region 3-AA boys championship. Monday's winner will be at home on Tuesday for a sectional game while the loser will be on the road Tuesday night.  Brainerd ... (click for more)

Greater Chattanooga HOF: Chairman John Farr To Step Down Class of 2015 Induction Dinner is Tonight At Convention Center

For chairman Dr. John Farr, tonight’s annual Greater Chattanooga Sports Hall of Fame dinner is the close of his decade of strong leadership.   A hall of fame board member since 1993, Dr.Farr plans to continue to hold a seat on the board, but has decided to step down as chair.   “I have enjoyed my 10 years as chairman, but I think it is time to let someone else ... (click for more)