Violation: Aggravated Statutory Rape (Appeal of Conviction)
Result: Conviction Set Aside and New Trial Set
Additional Case Results: Client was accused of the crime of Aggravated Statutory Rape and was represented by an attorney who handled criminal cases on a part-time basis and seldom handled cases involving sexual allegations or the Tennessee Sexual Offender’s registry. After limted investigation and litigation, client pled guilty to Aggravated Statutory Rape and was placed on Judicial Diversion. Client was advised by the court and his attorney that he would only be on the sexual offender registry for a limited time. Due to allegations of misconduct on the defendant’s behalf, the court ordered the defendant to be on the sexual offender registry for a minimum of 14 years, contrary to the agreement made at the time of sentencing. Client was not sentenced to incarceration.
The client hired my firm to revoke the plea agreement entered 2 years prior. Although Tennessee State Law basically states that citizens were not entitled to effective assistance of counsel nor proper advisement of what penaties they would face on the sexual offender registry, we filed a motion to revoke the guilty plea on the basis the client was misadvised as to his placement on the sexual offender registry by his attorney, the State’s attorney, and the court. The client had suffered multiple abuses by those overseeing the sexual offender registry for 4 years, including forcing him to quit jobs, prohibiting him from working at lawful jobs, making him leave work to meet with them without notice, placing GPS monitors on him without cause, and coming into his home unannounced.
After extensive briefs on the law and the nature of his representation, the criminal court was required to set aside his guilty charge and set the matter for trial. This is quite possibly one of the first convictions set aside in Tennessee for failure of counsel to properly advise the consequences of the Sexual Offender’s Registry.