State of Tennessee v. Joseph Gevedon
Syllabus
A trial court ordered a defendant to pay a set amount of criminal restitution but did not state payment terms or consider the defendant's ability to pay. The Court of Criminal Appeals dismissed the appeal, ruling the restitution order was not a final order because it did not include payment terms. We hold the restitution order was a final order even though it did not include payment terms. See State v. Cavin, No. E2020-01333-SC-R11-CD, ___ S.W.3d ____, 2023 WL _________ (Tenn. ______, 2023). The date for payment of the restitution was, by default, the expiration of the defendant's sentence based on Tennessee Code Annotated section 40-35-304(g). The trial court erred by failing to consider the defendant's financial resources and ability to pay when setting the amount of restitution as required by Tennessee Code Annotated section 40-35-304(d). We reverse the judgment of the Court of Criminal Appeals, vacate the trial court's restitution order, and remand to the trial court for further proceedings consistent with this opinion.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plaintiff may avoid dismissal by demonstrating that “(1) the challenged action is in its duration too short to be fully litigated prior to its cessation or expiration, and (2
- recognizing ongoing policy exception but deciding case under exception for issues capable of repetition yet evading review
- holding that “standing is assessed as of the time a suit commences”
- explaining that a request for “declaratory relief as to an ongoing policy” may proceed even if a parallel request for an injunction is moot,
- noting that “agency actions of less than two years’ duration cannot be ‘fully litigated’ prior to cessation or expiration”
- explaining that a challenge that a claim is “capable of repetition, yet evading review” is a separate exception to mootness
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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