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sweetkendra · Jan 11, 2009, 12:37 PM

Hey, I am getting pretty frustrated in finding anything on the internet and if someone could help me find the following things, I would greatly appreciate it.

Tennessee Codes annotated Sentence Reform Act of 1989

Tennessee Codes Annotated Section 20-12-120 and 40-30-202

Tennessee codes Annotated Cases on Extyradition and Detainers

Tennessee Codes Annotated cases on Probation Violations

Tennessee Codes Annotated Detainer credit Rules

Tennessee Rules of Court Procedures

State of Tennessee Due Process Right rules or laws

Please help me locate these items, they are very important to my fiancée at this time.

Many thanks in advance.

George_1950 · Jan 11, 2009, 01:06 PM

You have tried here? Legal Resources

JudyKayTee · Jan 11, 2009, 01:34 PM

Originally Posted by sweetkendra

Hey, I am getting pretty frustrated in finding anything on the internet and if someone could help me find the following things, I would greatly appreciate it.

Tennessee Codes annotated Sentence Reform Act of 1989

Tennessee Codes Annotated Section 20-12-120 and 40-30-202

Tennessee codes Annotated Cases on Extyradition and Detainers

Tennessee Codes Annotated cases on Probation Violations

Tennessee Codes Annotated Detainer credit Rules

Tennessee Rules of Court Procedures

State of Tennessee Due Process Right rules or laws

Please help me locate these items, they are very important to my fiancee at this time.

Many thanks in advance.

Did you Google them? I found every one by searching. There is also case law posted which explains the various sections/provisons/laws.

sweetkendra · Jan 11, 2009, 02:30 PM

Yeah I have googled them, but it don't bring me to where I need to be exactly. Thanks for your help, I will try it again.

Fr_Chuck · Jan 11, 2009, 03:11 PM

If you can explain what you are looking for more exact, you may get a more exact answer here.

Also most probation violatoin is departmental rulings and not under state law. The person on probation is already guilty and this is considered not a near trial ( expect for the new thing they did) but merely a review of the original sentence.

JudyKayTee · Jan 11, 2009, 03:20 PM

Originally Posted by sweetkendra

Yeah I have googled them, but it don't bring me to where I need to be exactly. Thanks for your help, I will try it again.

What you have asked for is an enormous legal research undertaking - the general sites are: Tennessee Parole Board - Board of Probation and Parole

Rules of Court Procedure - Tennessee Administrative Office of the Courts

As Father Chuck asked maybe some insight into why you need these (I realize your boyfriend is being held in TN, I believe on a parole violation) or who provided you with these particular questions would be helpful.

In general you would have to read the TN laws, particularly the sections concerning whatever crime he stands accused of as well as parole rules/regulations/laws in order to get your answers. Questions like this go together like a puzzle - one answer bounces you to another.

sweetkendra · Jan 11, 2009, 04:17 PM

Ok My fiancée was in FL State Pen for 10 years, he was released with doing a full sentence on 12/13/08, he was told that TN did not have anything on him, then when he was to be let go, they told him that he could not leave because TN was on their way after him on two detainers from 1995. They dropped the detainers 4 times, then picked them back up in 2004. These detainers are on violation of probation. I am still not having any luck with finding what he needs. I may not have the right words, I am typing in what he sent me.

JudyKayTee · Jan 11, 2009, 04:37 PM

Originally Posted by sweetkendra

Ok My fiancee was in FL State Pen for 10 years, he was released with doing a full sentence on 12/13/08, he was told that TN did not have anything on him, then when he was to be let go, they told him that he could not leave because TN was on their way after him on two detainers from 1995. They dropped the detainers 4 times, then picked them back up in 2004. These detainers are on violation of probation. I am still not having any luck with finding what he needs. I may not have the right words, I am typing in what he sent me.

OK - now I know a LOT more, all of which is helpful. What is it that you are trying to prove or disprove? What is the legal argument?

I want to make sure I understand the legal argument - then I'll see what I can uncover.

sweetkendra · Jan 12, 2009, 08:57 AM

Original by: JudyKayTee
OK - now I know a LOT more, all of which is helpful. What is it that you are trying to prove or disprove? What is the legal argument?

I want to make sure I understand the legal argument - then I'll see what I can uncover.

We are trying to get him off on time served, he received 4 years 6 months of probation back in 1995. He has almost 3 1/2 years credit for good behavior on the outside and time served on the inside. We do not believe that they should have picked him up on detainers that were dropped 4 times already. I need to get him this information as quick as I can, he goes to court on the 23rd of this month. The things I have listed above are the things that he is requesting for me to find and send him. Any help will be greatly appreciated. TN no longer has a Statue of Limitations and I need to find what the Statue of Limitations were before the year 2000.

JudyKayTee · Jan 12, 2009, 08:59 AM

Originally Posted by sweetkendra

original by: JudyKayTee
OK - now I know a LOT more, all of which is helpful. What is it that you are trying to prove or disprove? What is the legal argument?

I want to make sure I understand the legal argument - then I'll see what I can uncover.

We are trying to get him off on time served, he received 4 years 6 months of probation back in 1995. He has almost 3 1/2 years credit for good behavior on the outside and time served on the inside. We do not believe that they should of picked him up on detainers that were dropped 4 times already. I need to get him this information as quick as I can, he goes to court on the 23rd of this month. The things I have listed above are the things that he is requesting for me to find and send him. Any help will be greatly appreciated. TN no longer has a Statue of Limitations and I need to find what the Statue of Limitations were before the year 2000.

OK, got it. I LOVE legal research. Give me some time and let's see what I - or anyone else - can find.

I'll be back and post as soon as I can gather whatever it is I can find.

sweetkendra · Jan 12, 2009, 09:04 AM

Thank you so much JudyKayTee for all your help so far and your continued help, it is greatly appreciated.

excon · Jan 13, 2009, 05:34 AM

Hello sweet:

There is NO statute of limitations on a probation violation... Even if they DROPPED the detainers, there's nothing preventing them from putting them ON again.

You say he has 3.5 years served, but his sentence was 4.5 years. Looks like he owes 'em a year or so.

If this was ME, I wouldn't be having my girl mess around on the internet trying to find legal mumbo jumbo, that I don't know matters and wouldn't know how to present anyway... Nope. What I'd have my girl doing is raising money for a lawyer... THAT'S exactly what I'd be doing.

excon

JudyKayTee · Jan 15, 2009, 10:39 AM

I hope your boyfriend knows and appreciates how much you love him, how hard you are working on his behalf. (I'm sure he does.)

Okay, this gets a little complicated so please stick with me. Here are cases which explain the Law, quote the law and appear to be similar.

A search for specific annotated cases would have to be done on a legal case site or at a law library. The cases would have to be read and compared with the current situation to see if they are applicable AND if the outcome is favorable to your boyfriend.

So - here goes!

Tennessee Codes annotated Sentence Reform Act of 1989: “Tennessee Code Annotated section 40-35-117(b) provides that “unless prohibited by the United States or Tennessee constitution, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982 and November 1, 1989, shall be sentenced under the provisions of this chapter.” [The appellant, who received a fifteen-year sentence for the 1983 offense, claims that he was impermissibly sentenced under the 1982 Sentencing Act. The State disagrees and argues that the trial court correctly utilized the 1989 Sentencing Act. We note that because the instant offense occurred prior to 1989 and the sentence for the conviction was imposed subsequent to 1989, the convicting court was required to calculate the proper sentence under both the 1982 and the 1989 sentencing acts and then impose the least severe sentence. See State v. Carico, 968 S.W.2d 280, 286 (Tenn. 1998); see also Tenn. Code Ann. §§ 39-11-112 and 40-35-117(b) (1997).] http://www.tsc.state.tn.us/opinions/...aricowjOPN.pdf"

Tennessee Codes Annotated Section 20-12-120: Tennessee law mandates that “no leading process shall issue from any court without security being given by the party at whose instance the action is brought, for the successful prosecution of the party's action.” Tenn. Code Ann. § 20-12-120 (Supp. 2004). However, “any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by.. . Filing the.. . Oath of poverty.. . And.. . Filing an accompanying affidavit of indigency as prescribed by court rule.” Id. § 20-12-127(a). http://www.tsc.state.tn.us/geninfo/c...erksmanual.pdf also http://www.tsc.state.tn.us/OPINIONS/...SettleMOPN.pdf

Tennessee Codes Annotation Section 40-30-202: “Generally, the Post-Conviction Procedure Act provides for the filing of only one petition for post-conviction relief. Tenn. Code Ann. § 40-30-202© (1997). However, when a petitioner is granted a delayed appeal through post-conviction proceedings, this court has concluded that any other allegations in the petition should be dismissed without prejudice pending the direct appeal. Hughes v. State, 77 S.W.3d 801, 802 (Tenn. Crim. App. 2001)." http://www.tsc.state.tn.us/opinions/...24/Foulksd.pdf and . http://www.tsc.state.tn.us/geninfo/c...erksmanual.pdf.

Tennessee Rules of Court Procedure are here: Tennessee Rules Of Criminal Procedure

Tennessee Due Process Rights/rules/laws are here: http://www.tsc.state.tn.us/OPINIONS/...oArnoldOPN.pdf

JudyKayTee · Jan 15, 2009, 10:46 AM

[QUOTE=Comments on this post
George_1950 agrees: Lordy, Judy, what's left of my brain is frying.[/QUOTE]

I hope you read carefully because I will be giving a quiz later today - !

(Loved the comment.)

sweetkendra · Jan 29, 2009, 08:04 AM

Thank you JudyKay very much for the information, I will pass it on to him and see if it helps. He went to court on the 23rd of thisd month and they gave him a choice to either do the 4 years 6 months or get a public defender. The public defender told him that he would like to see him get his time served, so my fiancée asked for a public defender. Thank you again for your help and any other information would be greatly appreciated.