State of Tennessee v. Ebony Marshall
Syllabus
The Defendant, Ebony Marshall, was convicted upon his guilty pleas of two counts of robbery, a Class C felony. He was sentenced to terms of twelve and thirteen years as a persistent, Range III offender for the offenses. The sentences were imposed to run consecutively, for an effective sentence of twenty-five years. The Defendant filed a motion to withdraw his guilty plea, which the trial court denied. On appeal, the Defendant contends that: (1) the trial court erred in denying his motion to withdraw his guilty pleas, (2) the trial court erred in imposing consecutive sentences, and (3) he was denied his rights to due process and self-representation in the trial court proceedings. We affirm the judgments of the trial court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that district court “lacked authority or discretion to sua sponte raise the terrorism exception’s statute of limitations”
- holding that district court “lacked authority or discretion to sua sponte raise the terrorism exception’s statute of limitations”
- observing that Iran, a “frequent defendant” in similar cases, “repeatedly fail[s] to appear”
- explaining a court cannot sua sponte raise affirmative defenses for a party that fails to appear
- “[I]t would be an abuse of discretion for a court to override a defendant’s deliberate waiver of a defense.”
- “It is well established that a statute of limitations, like other affirmative defenses, generally may not be invoked by the court on its own motion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Robert H. Montgomery, Jr.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.