Legal Opinion

State v. Malone

Court of Criminal Appeals of Tennessee

Decided October 31, 1995PublishedCited by 12 opinions

1Opinion of the Court

OPINION

SUMMERS, Judge.

The unique facts of this case present novel questions about probation and parole. Appellant’s probation was revoked for “testing positive for cocaine, having new criminal convictions, and failing to report.” We hold that: (1) the sentencing court retained jurisdiction to revoke probation after appellant was transferred to the Department of Cor-reetion (DOC) to serve the remainder of an intervening consecutive sentence; (2) the probationary term was stayed during incarceration and parole; and (3) the trial court had authority to revoke probation for pre-probation conduct…

2Cases cited11 opinions

  1. Anderson v. CorallSupreme Court of the United States · 1923
  2. Frost v. StateCourt of Appeals of Maryland · 1994
  3. United States v. Charles Laughlin, AKA Charles William Laughlin, John Tracy LaughlinCourt of Appeals for the Ninth Circuit · 1991
  4. United States v. Gregory WilliamsCourt of Appeals for the Sixth Circuit · 1994
  5. United States v. Joseph James Wright, Jr.Court of Appeals for the Fifth Circuit · 1984

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

3Cited by12 opinions

  1. State v. GalvanNebraska Supreme Court · 2020
  2. State v. AndersonCourt of Criminal Appeals of Tennessee · 1999
  3. John A. Bailey v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2015
  4. State of Tennessee v. Charity H. KeithCourt of Criminal Appeals of Tennessee · 2003
  5. State of Tennessee v. Christopher LindseyCourt of Criminal Appeals of Tennessee · 2016

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

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