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.

 


Family Makes Treasure Trove Of Early Chattanooga Photographs Available For Book; Stokes Collection Has Been Passed Down To Descendants

A treasure trove of Chattanooga photographs that have been passed down in the Stokes family for generations has now been assembled in an upcoming book. Chattanooga Around The Turn Of The Century: The Remarkable Stokes Collection will be published by Chattanoogan.com. Pre-orders are now being taken for the book, which includes over 700 photos on large-size pages. Publisher ... (click for more)

Audio Of City Council Meeting 10/1/14

How To Reform The City Industrial Development Board - And Response (3)

My aims is to bring to the public’s attention the need for procedural changes that, if implemented, would significantly improve the information available the public, to the City Council and to the City Industrial Development Board about the verifiable benefits and costs of tax incentive financing structures and to make the entire process transparent. The public, the City ... (click for more)

Roy Exum: My October Garden

Hark! It is the first day of October and, as I make my monthly stroll through the garden, I find a growing numbers of leaves and acorns. Autumn leaves are beautiful while acorns are nuts, thus you will get the idea as we make our monthly awards: A PRETTY LEAF to Phil Hughes after the Minnesota Twins pitcher came within one inning of earning a $500,000 bonus this season. The deal ... (click for more)

Notre Dame Earns Senior-Night Soccer Victory

Honoring the team’s nine seniors was a focus of Tuesday night’s girls’ soccer match at Notre Dame, but it wasn’t the top priority for the Lady Irish. They knew that a win over visiting Signal Mountain would secure a first-place finish in District 7-AA, and their mission was to earn it. Notre Dame did just that, making Emma Higgins’ early goal stand for a ... (click for more)

Baylor and GPS Battle to 0-0 Tie

The Few. The Proud. The Baylor Girls Soccer Team. Playing with only one sub, an all-state basketball player turned goalkeeper and a disciplined defense, the Baylor girls soccer team battled host GPS to a scoreless tie Tuesday in a TSSAA D-II East/Middle Region match. GPS was the heavy favorite coming into the match with eight wins (now 8-1-2, 3-0-1), while Baylor (now ... (click for more)