Legal Opinion

State v. Bouchard

Court of Criminal Appeals of Tennessee

Decided September 1, 1977PublishedCited by 16 opinions

1Opinion of the Court

OPINION

DAUGHTREY, Judge.

This appeal by the State of Tennessee presents a single legal question for our determination: whether the trial court can modify its judgment of conviction more than thirty days after the entry of that order, in the absence of an intervening motion which has the effect of postponing finality of the court’s judgment, in order to provide for consecutive sentencing of a criminal defendant.

An examination of the unique procedural posture of this case is necessary to an understanding of our conclusion that the modification attempted below was a nullity.

The…

Also in this document: Concurrence.

2Cases cited8 opinions

  1. Church v. StateTennessee Supreme Court · 1960
  2. Howe v. State Ex Rel. PyneTennessee Supreme Court · 1936
  3. Leek v. StateTennessee Supreme Court · 1965
  4. McClain v. StateTennessee Supreme Court · 1948
  5. Hethcoat v. StateTennessee Supreme Court · 1964

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

3Cited by16 opinions

  1. State v. MooreCourt of Criminal Appeals of Tennessee · 1991
  2. State v. MorrisCourt of Criminal Appeals of Tennessee · 1990
  3. Ray v. StateCourt of Criminal Appeals of Tennessee · 1978
  4. Massey v. StateCourt of Criminal Appeals of Tennessee · 1979
  5. State v. HamlinCourt of Criminal Appeals of Tennessee · 1983

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

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