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 jail booking report from Hamilton County: ADAMS, HUEY  119 BATES ST CHARLESTON, 37310  Age at Arrest: 36 years old Arresting Agency: Hamilton County THEFT OF PROPERTY --- ARSENEAU, SARAH ANNE  2210 RED TAIL LANE CHATTANOOGA, 37421  Age at Arrest: 27 years old Arresting Agency: Chattanooga THEFT OF PROPERTY (UNDER $500) ... (click for more)

Riverview Neighbors In Court Over "Huge Wall"

Riverview neighbors are in court over a "huge wall" recently constructed on Edgewood Circle. William G. and Alice Oehmig filed the Chancery Court complaint against Keith and Amanda Jackson. The suit, filed by attorney Bill Horton, says the Jacksons bought the former Allen Corey property, then added a large amount of fill in their back and side yards, adjacent to the Oehmigs. ... (click for more)

Memorial Auditorium Flag Disgrace

How can it be that Memorial Auditorium, which was built to honor soldiers and sailors, displays our country’s flag in such a disgraceful manner?  Out of six poles on the front of the building only two battered flags remain.  Additionally, two old banners are attached to the wall that have long ago faded and look like they’ve seen better days. This is not acceptable ... (click for more)

Roy Exum: Buy Ping Golf Clubs

As we set the charcoal, ice the drinks and prepare for Memorial Day, the first thing on my mind is to ask any golfers within my reach to consider buying and playing with Ping-brand golf clubs. Pings are made in America but there is a little something else you need to know, as told in an email I received earlier this week. I regret I do not know the author: * * * “On Monday, ... (click for more)

Gilpin, Stocks Victorious In Chattanooga Chase 8K

John Gilpin has done plenty of training in North Chattanooga and is very familiar with the Chattanooga Chase and the series of hills the oldest race in Chattanooga is known for. Jennifer Stocks has done more than her share of workouts on those roads, so she was fully aware of the challenge she faced when the starting horn sounded. Both were overall winners in this unique 8K ... (click for more)

Flames Fall In NCCAA Baseball Championship

The Lee fans waited and waited for the big hit that had ignited the Flames in five other wins during the 2015 NCCAA World Series. The hit never came and neither did the big inning in the 6-2 loss to Fresno Pacific in Saturday afternoon's championship at Prasco Park. It marked the second straight year that the Sunbirds defeated the Flames in the NCCAA final. Lee wraps up the ... (click for more)