Legal Opinion

Albert F. Kelly v. State of Tennessee

Court of Criminal Appeals of Tennessee

Decided June 12, 2009No. W2008-02236-CCA-R3-PCPublished

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs April 14, 2009 ALBERT F. KELLY v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Shelby County No. 01-11190 James C. Beasley, Jr., Judge No. W2008-02236-CCA-R3-PC - Filed June 12, 2009 The petitioner, Albert F. Kelly, proceeding pro se, presents a Rule 3 appeal from the Shelby County Criminal Court’s summary denial of his motion to reopen his post-conviction petition. In his motion to reopen, the petitioner asserted a new rule of constitutional law and relied upon Apprendi v. New Jersey, 530 U.S. 466,

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2Cases cited11 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Schriro v. SummerlinSupreme Court of the United States · 2004
  4. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  5. United States v. Sean Lamar Sanders, A/K/A Sean Lamont SandersCourt of Appeals for the Fourth Circuit · 2001

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