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Petitioner asks Tennessee Supreme Court to overturn plea, citing counsel—s failure to explain sentencing change
Summary
Petitioner argued the criminal saving statute required application of the Tennessee Public Safety Act of 2016 and that trial counsel—s failure to tell him about the changed sentencing scheme rendered his plea uninformed. The state counters that appellate uncertainty and the plea—s negotiated benefits foreclose relief. Decision pending.
Madeline Strasser, a third-year law student arguing for the petitioner, asked the Tennessee Supreme Court to reverse a trial court—s denial of post-conviction relief and to void a nolo contendere plea because trial counsel failed to inform the defendant about a material change in the sentencing law.
Strasser said the criminal saving statute, enacted in 2014, requires courts to impose the lesser penalty when a subsequent act reduces punishment and that the Tennessee Public Safety Act of 2016, effective Jan. 1, 2017, reduced penalties for some theft offenses while the petitioner—s case was pending. "May it please the court, we respectfully ask this court reverse the decision in the trial court," she told the panel.
The nut of the petitioner—s argument is that trial counsel knew the statute applied but did not tell Mr. Cozzi, causing him to plead to an illegal sentence and depriving him of…
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