No. 20-5902

Larry Burt Sexton v. Tennessee

Lower Court: Tennessee
Docketed: 2020-10-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender criminal-procedure due-process fourteenth-amendment hearsay hearsay-evidence parole-consideration sentencing
Latest Conference: 2020-10-30
Question Presented (from Petition)

Error by the trial court in admitting hearsay evidence at the sentencing hearing and by finding that the petitioner was a career offender and sentencing him to serve a 12 year term as a career offender with a first parole consideration at 60% of the term. The petitioner avers that this would be in violation of the Fourteenth Amendment of the United States Constitution which provides, in pertinent part, that no state shall "deprove any person of life, liberty, or property, with out due process of the law"

Question Presented (AI Summary)

Whether the trial court erred in admitting hearsay evidence at the sentencing hearing and in finding the petitioner to be a career offender, resulting in a 12-year sentence with a first parole consideration at 60% of the term, in violation of the Fourteenth Amendment's Due Process Clause

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-15
DISTRIBUTED for Conference of 10/30/2020.
2020-10-08
Waiver of right of respondent Tennessee to respond filed.
2020-06-26
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 4, 2020)

Attorneys

Larry Burt Sexton
Larry B. Sexton — Petitioner
Tennessee
Nicholas White SpanglerOffice of Tennessee Attorney General, Respondent