State v. Minor

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A new rule applies retroactively to cases pending on direct review when the new rule is announced but is subject to other jurisprudential concepts such as appellate review preservation requirements and the plain error doctrine.On appeal, the Supreme Court vacated Defendant’s convictions under the criminal gang offense statute, see Tenn. Code Ann. 40-35-121(b), holding (1) the Court of Criminal Appeals’ decision in State v. Bonds, 502 S.W.3d 118 (Tenn. Crim. App. 2016), declaring the criminal gang offense statute unconstitutional applied to Defendant’s appeal because it was pending on direct review when Bonds was decided; (2) Defendant’s entitlement to relief must be evaluated by applying the plain error doctrine because Defendant failed to challenge the constitutionality of the statute in trial court; and (3) Defendant established the criteria necessary to obtain relief pursuant to the plain error doctrine. The Court remanded the matter to the trial court for resentencing on Defendant’s remaining convictions without any classification or sentence enhancement pursuant to the criminal gang offense statute. View "State v. Minor" on Justia Law