State of Tennessee v. Christopher Kennedy

The Defendant, Christopher Kennedy, pled guilty to aggravated sexual battery in exchange for a sentence of nine years to be served at 100%, followed by community supervision for life. After his release for that conviction, the Defendant was indicted for violating a condition of his community supervision. The Defendant filed a motion to declare Tennessee Code Annotated sections 39-13-524 through 526 unconstitutional “and/or” seek habeas corpus relief. After hearing the motion, the trial court granted relief, finding that Tennessee Code Annotated sections 39-13-524 through 526 violate double jeopardy protections. The State filed a timely notice of appealed. The Defendant cross appeals, asserting: (1) the community supervision for life statute is unconstitutional; and (2) the conditions for lifetime supervision established by the Board of Probation and Parole are void as the conditions are not enacted pursuant to the Uniform Administrative Procedures Act. Upon a review of the record, we conclude that the trial court improperly declared Tennessee Code Annotated sections 39-13-524 through 526 unconstitutional and that the trial court properly dismissed the remaining issues. Accordingly, we vacate the judgment of the trial court in part and affirm in part, and remand for further proceedings consistent with this opinion.