Tennessee Criminal Lawyer Blog

Criminal defendants, for various reasons, are often unhappy with the way at least one issue was handled by the court at trial, especially if the trial results in a conviction accompanied by a lengthy prison sentence. Luckily for criminal defendants they have the right to appeal the trial court’s decision as long as they comply with certain procedural requirements and avoid certain pitfalls that cause them to lose that right. One such pitfall is waiving the right to appeal. A recent case heard by the Tennessee Court of Criminal Appeals illustrates how this works.

The defendant in this case pleaded guilty to obtaining a controlled substance by forgery and received a sentence of three years. The defendant felt that the sentence was too harsh, so he wished to appeal. Unfortunately for him, the judge had presented him with a waiver of his right to appeal at the conclusion of the sentencing hearing, and the defendant was placed under oath, freely and voluntarily asserted that he wished to waive his right to appeal, and signed a written waiver confirming that decision. By waiving his right to appeal, the defendant necessarily waived his right to appeal the sentencing decision reached by the trial court. Thus, the Tennessee Court of Criminal Appeals was unable to consider his contention that the sentence was too harsh.