Tennessee Supreme Court· 11/26/2002
Graham v. State
Citations
- 90 S.W.3d 687
- 2002 Tenn. LEXIS 548
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that so long as the ultimate sentence is within the statutory range, the sentencing judge has “discretion to consider all enhancing and mitigating factors”
- holding a “notice of appeal” may be treated as an application for interlocutory appeal when it contains sufficient information
- considering whether enhancement of petitioner's sentence based on factors not found by a jury, but still within the statutory range, violated Apprendi
- treating a notice of appeal from denial of a motion to reopen as an application for permission to appeal because it contained “sufficient substance” to do so
- considering an order denying a petitioner’s motion to reopen a post-conviction petition entered on the day it was filed by the court clerk, not the day it was signed by the trial judge
- “Accordingly, Tenn. Code Ann. § 40-30-217(c) outlines four requirements for an appeal from a motion to reopen to be considered: (1) the timeliness of filing, (2) the place of filing, (3) the application to be filed, and (4) the attachments to the application.”
Source: CourtListener parenthetical corpus (CC0).
Judges: E. Riley Anderson
Read full opinion on CourtListenerCited by
97 cases in this archive cite this case; the 20 most cited are listed.
- State v. GomezTennessee Supreme Court· 2005-05-18· cited 274×
- State v. GomezTennessee Supreme Court· 2007-10-09· cited 241×
- State v. StephensCourt of Criminal Appeals of Tennessee· 2007-09-21· cited 89×
- Jack Layne Benson v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2013-09-06
- State of Tennessee v. Martin BoyceCourt of Criminal Appeals of Tennessee· 2013-08-06
- State of Tennessee v. Kenny KimbleCourt of Criminal Appeals of Tennessee· 2013-07-22
- Charles W. Elsea, Jr. v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2013-03-28
- Ricky Lee Nelson a/k/a Russell Wellington v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2013-03-25
- Michael W. Smith v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-12-11
- Marlon O. Walls v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-11-16
- Salvatore Pisano Jr. v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-11-13
- Thomas Edward Kottewa v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-10-26
- Tosha Taylor v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-10-15
- Quinton A. Cage v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-10-05
- John R. Green v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-06-19
- Mario Thomas v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-02-24
- Laraiel Winton v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2012-01-31
- State of Tennessee v. Jerry McGahaCourt of Criminal Appeals of Tennessee· 2011-12-07
- Marcus Deangelo Lee aka Marcus Deangelo Jones v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2011-08-31
- Mack Transou v. State of TennesseeCourt of Criminal Appeals of Tennessee· 2011-03-31
Cites
3 cases in this archive are cited by this case.
Sourced from CourtListener / Free Law Project (CC0).
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