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Sentence Modification / Reduction of Sentence

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Time4Him2bHome

Junior Member
What is the name of your state (only U.S. law)? Tennessee
My husband is incarcerated in TDOC with a Life WITH possibility of parole. He has been in since 1996 on a 1993 charge. His co defend. (the one who created the mess) has been out for 4 years now.
My question is: What advice to I give my husband in filing for a Sentence Modification or Reduction of Sentence?
I have called 2 lawyers and they did not return my call, VERY UNPROFESSIONAL.
Thank you for your assistance. :D

Murder 1st (also note, the coroner could not identify which bullet killed the man, and no weapons were found)
 
Last edited:


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Tennessee
My husband is incarcerated in TDOC with a Life WITH possibility of parole. He has been in since 1996 on a 1993 charge. His co defend. (the one who created the mess) has been out for 4 years now.
My question is: What advice to I give my husband in filing for a Sentence Modification or Reduction of Sentence?
I have called 2 lawyers and they did not return my call, VERY UNPROFESSIONAL.
Thank you for your assistance. :D
What was your husband found guilty of?
 

Ohiogal

Queen Bee
Most likely he will NOT be home until he is let out on parole. So when is his first possible parole hearing? Has he been a good boy in prison?
 

Ohiogal

Queen Bee
Here is Tennessee's rules

Rule 35 of the Tennessee Rules of Criminal Procedure provides:


(a) Timing of Motion. The trial court may reduce a sentence upon motion filed within 120 days after the date the sentence is imposed or probation is revoked. No extensions shall be allowed on the time limitation. No other actions toll the running of this time limitation.


(b) Limits of Sentence Modification. The court may reduce a sentence only to one the court could have originally imposed.


(c) Hearing Unnecessary. The trial court may deny a motion for reduction of sentence under this rule without a hearing.
He is about thirteen years too late.
 

Time4Him2bHome

Junior Member
Thank you for your prompt replies. Some how there is a way as 4 former inmates that I knew had life, life without, and more years than is possible to serve are out. (former TDOC employee). Maybe I am not asking for the right procedure.
Thank you and try to stay cool :cool:
 

Ohiogal

Queen Bee
Thank you for your prompt replies. Some how there is a way as 4 former inmates that I knew had life, life without, and more years than is possible to serve are out. (former TDOC employee). Maybe I am not asking for the right procedure.
Thank you and try to stay cool :cool:
There are many things they might have done. But what they did is anyone's guess. They could have won an appeal. They could have introduced new evidence showing that it was not them. They could have done a lot of different things. But according to TN rules you can't do what you want to do.
 

Time4Him2bHome

Junior Member
Maybe THIS is what we should be doing???
1 The State correctly notes that if the motion were treated as a motion to correct an illegal sentence, the
proper avenue of seeking relief is to commence habeas corpus proceedings. See Moody v. State, 160 S.W.3d 512,
 

Ohiogal

Queen Bee
Maybe THIS is what we should be doing???
1 The State correctly notes that if the motion were treated as a motion to correct an illegal sentence, the
proper avenue of seeking relief is to commence habeas corpus proceedings. See Moody v. State, 160 S.W.3d 512,
How is the sentence illegal? Convicted of First Degree Murder he can serve a life sentence with the possibility of parole.
 

Time4Him2bHome

Junior Member
When the jurors came came out with the question of how to find him criminally responsible, the Judge did not give definitions of 1st, 2nd, manslaughter etc************** He stated that they were to find him guilty of 1st degree.
 

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