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.

 


Latest Hamilton County Jail Booking Report

Here is the latest booking report from Hamilton County: AUSTIN, RYAN BISHOP  121 ALBANY STEET CHATTANOOGA, 37421  Age at Arrest: 34 years old Arresting Agency: East Ridge FUGITIVE (ARREST FOR CRIME IN WALKER CO, GA) --- BAKER, DONALD SCOTT  2012 LAURA STREET CHATTANOOGA, 37406  Age at Arrest: 48 years old Arresting Agency: Chattanooga DOMESTIC ... (click for more)

Just 4,380 Have Voted In The City Election After 9 Days Of Early Voting

Just 4,380 Chattanooga voters have cast ballots after nine days of early voting leading up to the March 7 city election. One day just 48 people showed up at the Northgate voting site. Only 88 went to the most popular early voting site - the election office off Amnicola Highway the same day. The high turnout thus far has been 199 at the election office on Tuesday. The ... (click for more)

CVB Should Share Financials With The Home Folks

The recent debate over the Convention and Visitor's Bureau's funding and budget has gotten ugly. A Hamilton County commissioner has asked questions and made comments about the CVB. The director of the CVB has organized a campaign to dismiss the commissioner's questions and comments. The children on the playground are choosing sides and nothing useful seems to be happening. It's ... (click for more)

Roy Exum: Trump's Latest Delight

I was quite amused this week when Donald Trump’s administration “locked out” several news organizations from the daily press briefings at the White House. The reason I loved it because in the 50 years I have spent in the news business, I have been locked out of press conferences, too. To be truthful, I am a longtime veteran of a bunch of “you versus me” squabbles and, if I do say, ... (click for more)

McCallie Advances To D-II Final Four With 67-48 Win

The third time wasn’t the charm for the Pope John Paul II Knights. Playing at McCallie in the quarterfinal round of the Division II state basketball tournament Saturday night, the Knights played better than they had the previous two times they met, but the result was the same as McCallie advanced to the Final Four with a 67-48 victory. McCallie, snipping a three-game losing ... (click for more)

'Canes Roll Past Stone Memorial 62-38 In Region 3-3A Action

East Hamilton was able to shake off a devastating 30-point loss to Cleveland in the District 5-3A championship game earlier in the week and Stone Memorial was victimized by the Hurricanes’ big bounce-back. East Hamilton held the visitors scoreless in the first quarter and went on to shellack the Panthers 62-38 in a history-making victory on its home court Saturday night. ... (click for more)