State of Tennessee v. Travis Ware - Dissent

I respectfully disagree with the majority’s conclusion that a petitioner is not entitled to seek relief under Rule 36.1 when his sentence has been fully served. “On its face, Rule 36.1 does not limit the time within which a person seeking relief must file a motion, nor does it require the person seeking relief to be restrained of liberty.” State v. Donald Terrell, No. W2014-00340-CCA-R3-CO, 2014 WL 6883706, at *2 (Tenn. Crim. App. at Jackson, Dec. 8, 2014).