State of Tennessee v. Johnthony K. Walker
Syllabus
Defendant, Johnthony K. Walker, was convicted of six counts of criminally negligent homicide, eleven counts of reckless aggravated assault, seven counts of assault, one count of reckless endangerment, one count of reckless driving, and one count of the use of a portable electronic device by a school bus driver after a school bus he was driving crashed leaving six children dead and numerous other children injured. The trial court sentenced Defendant to an effective sentence of four years for the convictions and denied judicial diversion after a sentencing hearing. On appeal, Defendant argues that the trial court improperly denied judicial diversion and/or an alternative sentence. After a thorough review, 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 an appeal waiver is unenforceable as to a challenge that the defendant’s sentence, including any order of restitution, exceeds the statutory maximum
- holding that an appeal waiver is unenforceable as to a challenge that the defendant’s sentence, including any order of restitution, exceeds the statutory maximum
- noting that using the retail value, rather than the net profit, to measure actual loss caused by the introduction of counterfeit goods into the market could result in a windfall to the victim
- declining to enforce an appeal waiver in such a case be- cause of “the legal truism that a court must not impose a sentence” that is “unauthorized by law”
- declining to enforce an appeal waiver in such a case be- cause of “the legal truism that a court must not impose a sentence” that is “unauthorized by law”
- “The MVRA is meant to reimburse the victim’s actual loss and should not be used to penalize defendants.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judge Timothy L. Easter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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