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Q: Can a life imprisonment case be reopened after completing a related 12-year sentence in TN?
I've been sentenced to life imprisonment, having already completed a 12-year sentence related to an attempted assault on an officer while allegedly fleeing. This was a violation of my parole from a 2007 sexual battery conviction, and I've exhausted all appeals except for a possible federal appeal. Can my case be reopened under these circumstances?
A:
Your direct appeals are closed now that you’ve exhausted state remedies, so you cannot “reopen” your life sentence through another state appeal.
To challenge your conviction or sentence at this point, you must turn to post-conviction relief: in Tennessee, that means filing a petition under the Post-Conviction Procedure Act alleging constitutional defects—such as ineffective assistance of counsel or due-process violations—if you haven’t already done so.
If your state post-conviction options are fully exhausted, you can pursue a federal habeas corpus petition under 28 U.S.C. § 2254, raising any unaddressed federal constitutional claims. That federal process requires you to show you are “in custody” under the conviction you’re attacking (which life imprisonment satisfies) and that you have exhausted or been barred from state relief.
You should consult an attorney experienced in post-conviction and federal habeas practice to evaluate potential claims—such as due-process errors at sentencing or parole-revocation issues—and to assist with the strict filing deadlines and procedural prerequisites those remedies demand.
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