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  1. #1
    Time4Him2bHome is offline Junior Member
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    Question Sentence Modification / Reduction of Sentence

    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.

    Murder 1st (also note, the coroner could not identify which bullet killed the man, and no weapons were found)
    Last edited by Time4Him2bHome; 06-19-2009 at 11:03 AM. Reason: add info
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by Time4Him2bHome View Post
    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.
    What was your husband found guilty of?
  3. #3
    Time4Him2bHome is offline Junior Member
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    oh, sorry I edited my original post when I realized that info might be needed.
  4. #4
    Ohiogal is offline Senior Member
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    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?
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  5. #5
    Ohiogal is offline Senior Member
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    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    Time4Him2bHome is offline Junior Member
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    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
  7. #7
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Time4Him2bHome View Post
    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
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  8. #8
    Time4Him2bHome is offline Junior Member
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    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,
  9. #9
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Time4Him2bHome View Post
    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.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  10. #10
    Time4Him2bHome is offline Junior Member
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    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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