State of Tennessee v. Jackie Phillip Lester-Dissenting

Case Number
M2016-00700-CCA-R3-CD

I agree with the majority that, generally, once an inmate is in the custody of the TDOC, the proper avenue to address sentence reduction credits is through the APA.  State v. Henry, 946 S.W.2d 833, 834 (Tenn. Crim. App. 1997).  However, our court has recognized unique circumstances which authorize the trial court to entertain requests for declaration of proper sentence credits.  Id. (citing Matthew P. Finlaw v. Anderson County Jail, No. 03C01-9212-CR-0048, 1993 WL 310312, at *2 (Tenn. Crim. App. Aug. 13, 1993); State v. Christopher Oliver, No. 03C01-9212-CR-00447, 1993 WL 152408, at *2 (Tenn. Crim. App. May 11, 1993)).  I believe that the instant case calls for similar relief.

Authoring Judge
Judge D. Kelly Thomas, Jr.
Originating Judge
Judge J. Russell Parkes
Case Name
State of Tennessee v. Jackie Phillip Lester-Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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