State v. Washington

6 Citing cases

  1. Casey v. State

    No. E2020-00701-CCA-R3-PC (Tenn. Crim. App. Oct. 13, 2021)   Cited 1 times

    The conviction for first degree criminal sexual conduct was subject to a maximum punishment of life imprisonment. T.C.A. § 39-3703(B) (1978); see State v. Washington, 661 S.W.2d 900, 904 (Tenn. Crim. App. 1983). Effective June 5, 1979, the statute was amended to replace the offense of first degree criminal sexual conduct with the offense of aggravated rape.

  2. Lowe v. United States

    No.: 3:05-CR-22-TAV-CCS-1 (E.D. Tenn. Apr. 12, 2017)

    At the time of Petitioner's first rape offense—1977 [PSR ¶ 33; Doc. 57-1 pp. 2-3], Tennessee defined rape as "the unlawful carnal knowledge of a woman, forcibly and against her will." State v. Washington, 661 S.W.2d 900, 904 (Tenn. Crim. App. 1983) (quoting Tennessee Code Annotated § 39-3701 (1976)). State courts interpreted the provision to require both that the defendant "penetrate the victim by the use of force" and that "the victim have resisted in every way possible."

  3. State v. Head

    971 S.W.2d 49 (Tenn. Crim. App. 1998)   Cited 20 times
    Stating that the "district attorney general is not required to engage in plea bargaining"

    Although Rule 11(e) of the Tennessee Rules of Criminal Procedure permits guilty plea discussions between the district attorney general and the accused, the district attorney general is not required to engage in plea bargaining, see Weatherford v. Bursey, 429 U.S. 545, 561, 97 S.Ct. 837, 846, 51 L.Ed.2d 30 (1977); State v. Hodges, 815 S.W.2d 151, 155 (Tenn. 1991); Parham v. State, 885 S.W.2d 375, 382 (Tenn. Crim. App.), perm. to appeal denied, (Tenn. 1994); nor does the accused have a constitutional right to plea negotiations. See Mabry v. Johnson, 467 U.S. 504, 507, 104 S.Ct. 2543, 2545-47, 81 L.Ed.2d 437 (1984); Weatherford, 429 U.S. at 561, 97 S.Ct. at 846; State v. Washington, 661 S.W.2d 900, 904 (Tenn. Crim. App. 1983), cert. denied, 467 U.S. 1208, 104 S.Ct. 2394, 81 L.Ed.2d 351 (1984). Moreover, even though plea negotiations are permitted, "the court shall not participate in any . . . [plea] discussions."

  4. State v. Head

    No. 01C01-9512-CC-00401 (Tenn. Crim. App. Aug. 22, 1997)

    See Mabry v. Johnson, 467 U.S. 504, 507, 104 S.Ct. 2543, 2545-47 (1984); Weatherford, 429 U.S. at 561, 97 S.Ct. at 846; State v. Washington, 661 S.W.2d 900, 904 (Tenn.Crim.App. 1983), cert. denied, 467 U.S. 1208, 104 S.Ct. 2394 (1984). Moreover, even though plea negotiations are permitted, "the court shall not participate in any . . . [plea] discussions."

  5. State v. Turner

    919 S.W.2d 346 (Tenn. Crim. App. 1995)   Cited 538 times   1 Legal Analyses
    Holding that any constitutional defect which occurred prior to the guilty plea is waived

    As a corollary to this rule, the courts have held that an accused does not have a constitutional right to engage in plea bargaining. Mabry v. Johnson, 467 U.S. 504, 507, 104 S.Ct. 2543, 2545-47, 81 L.Ed.2d 437, 442 (1984); Weatherford, 429 U.S. at 561, 97 S.Ct. at 846, 51 L.Ed.2d at 42; State v. Washington, 661 S.W.2d 900, 904 (Tenn. Crim. App. 1983), cert. denied, 467 U.S. 1208, 104 S.Ct. 2394, 81 L.Ed.2d 351 (1984). This rule is predicated upon the theory that plea bargaining is part of the district attorney general's broad charging discretion, namely, if and when a prosecution is to be instituted, the precise character of the offense to charge, and, once instituted, whether the prosecution should be dismissed or the nature of the offense reduced to a lesser included offense.

  6. Parham v. State

    885 S.W.2d 375 (Tenn. Crim. App. 1994)   Cited 79 times
    Holding that an attorney may use reasonable persuasion to convince the defendant to accept his or her advice regarding a guilty plea

    It is a well-established principle of law that an accused does not have a constitutional right to engage in plea bargaining. Mabry v. Johnson, 467 U.S. 504, 507, 104 S.Ct. 2543, 2545-47, 81 L.Ed.2d 437, 442 (1984); Weatherford v. Bursey, 429 U.S. 545, 561, 97 S.Ct. 837, 846, 51 L.Ed.2d 30, 43 (1977); State v. Washington, 661 S.W.2d 900, 904 (Tenn. Crim. App. 1983), cert. denied, 467 U.S. 1208, 104 S.Ct. 2394, 81 L.Ed.2d 351 (1984).See State v. Cone, 665 S.W.2d at 94.