Legal Opinion

Taylor v. State

Tennessee Supreme Court

Decided June 21, 1999No. 02S01-9806-CR-00054PublishedCited by 790 opinions

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

  1. Furman v. GeorgiaSupreme Court of the United States · 1972
  2. Woodson v. North CarolinaSupreme Court of the United States · 1976
  3. Archer v. StateTennessee Supreme Court · 1993
  4. Roberts v. LouisianaSupreme Court of the United States · 1976
  5. Potts v. StateTennessee Supreme Court · 1992

29 more not listed; retrieve them via the Exa API.

3Cited by790 opinions

  1. Hickman v. StateTennessee Supreme Court · 2004
  2. State v. RitchieTennessee Supreme Court · 2000
  3. Stephenson v. CarltonTennessee Supreme Court · 2000
  4. McLaney v. BellTennessee Supreme Court · 2001
  5. Hogan v. MillsTennessee Supreme Court · 2005

785 more not listed; retrieve them via the Exa API.

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