Taylor v. State
Tennessee Supreme Court
1Opinion of the Court
OPINION
DROWOTA, J.
The sole issue in this consolidated appeal is whether a sentence imposed under a statute which was subsequently declared unconstitutional by this Court constitutes an illegal sentence, which is void, and may be challenged and corrected at any time without regard to the post-conviction statute of limitations. Because the statute had not been declared unconstitutional pri- or to the time the sentences were imposed, the sentences are not illegal and thus void. They are instead voidable sentences which must be challenged-within the time prescribed by the post-conviction statute…
2Cases cited34 opinions
- Furman v. GeorgiaSupreme Court of the United States · 1972
- Woodson v. North CarolinaSupreme Court of the United States · 1976
- Archer v. StateTennessee Supreme Court · 1993
- Roberts v. LouisianaSupreme Court of the United States · 1976
- Potts v. StateTennessee Supreme Court · 1992
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3Cited by790 opinions
- Hickman v. StateTennessee Supreme Court · 2004
- State v. RitchieTennessee Supreme Court · 2000
- Stephenson v. CarltonTennessee Supreme Court · 2000
- McLaney v. BellTennessee Supreme Court · 2001
- Hogan v. MillsTennessee Supreme Court · 2005
785 more not listed; retrieve them via the Exa API.