Tennessee Supreme Court· 9/14/2006

Smith v. Lewis

Citations

202 S.W.3d 124
2006 Tenn. LEXIS 837
2006 WL 2623211

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

concluding that a sentence is illegal and void because it included a release eligibility date in contravention of a statute
granting habeas corpus relief to a prisoner because the judgment of conviction was void on its face
stating, “As this Court has stated previously, “[a] void or illegal sentence is one whose imposition directly contravenes a statute.” (citations omitted)
looking to both the plea document and the transcript of the plea submission hearing to determine that the befouled provision was not prominent in the overall agreement
unless illegality is proven to be a bargained-for element of the plea agreement, proper remedy is remand to the convicting court for correction of judgment
petitioner’s guilty plea and conviction were not void where record did not demonstrate on its face that the illegal provision of early release eligibility was a bargained-for element of petitioner’s plea

Source: CourtListener parenthetical corpus (CC0).

Judges: Justice Cornelia A. Clark

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Cited by

111 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

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