Friday, September 28, 2007

Sentencing Practices in Tennessee

Pursuant to TCA §40-35-210(6)(b), the Administrative Office of the Courts is to provide statistical information as to sentencing practices for similar offenses in Tennessee. The provided statistics are meant as an advisory guideline in sentencing. The addition of advisory guidelines was established in the Criminal Sentencing Reform Act of 2005, which was brought about following the U.S. Supreme Court ruling in Blakely v. Washington, 124 S.Ct. 2531 (2004).

Current statistics

Proposed rule changes require claims to include "specific dollar amount" if damages are sought

The Tennessee Supreme Court has asked for public comment on proposed changes to Tennessee Rules of Civil Procedure, Appellate Procedure, Evidence, Criminal Procedure and Juvenile Procedure.

One of the most significant proposed rule changes is the change to Rule 8.01. The proposed rule change says as follows:

8.01 Claims for Relief.–A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain: (1) a short and plain statement of the claim showing that the pleader is entitled to relief; and (2) a demand for judgment for the relief the pleader seeks, including a specific dollar amount if damages are sought. Relief in the alternative or of several different types may be demanded.

See proposed amendments to the Tennessee rules of procedure and evidence