State of Tennessee v. Michelle D. Shoemaker
M2017-00026-CCA-R3-CD
| Tenn. Crim. App. | Dec 7, 2017Background
- Michelle D. Shoemaker was convicted in 2005 of first-degree murder and related offenses and received an effective life sentence.
- On Sept. 30, 2005, Shoemaker filed a motion claiming entitlement to 520 days of pretrial jail credit under Tenn. Code Ann. § 40-23-101.
- No record action appears on that initial 2005 motion. On Feb. 22, 2015, she filed a motion to amend the judgment to award pretrial jail credits.
- The trial court entered amended judgments on Nov. 21, 2016, awarding 370 days of pretrial credit; Shoemaker appealed on Dec. 17, 2016, asserting she was entitled to 520 days (i.e., 150 additional days).
- The State argued relief was not available under Tenn. R. Crim. P. 36.1; the Court of Criminal Appeals treated the appeal as a Rule 36.1 challenge and reviewed whether Shoemaker stated a colorable claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to award full pretrial credit renders sentence illegal under Rule 36.1 | Shoemaker: trial court miscalculated pretrial credit and omitted 150 days; sentence is incorrect | State: pretrial-credit dispute does not make the sentence illegal; Rule 36.1 relief is not available | Court: Failure to award full pretrial credit does not render sentence illegal; no colorable claim under Rule 36.1; judgment affirmed |
Key Cases Cited
- State v. Wooden, 478 S.W.3d 585 (Tenn. 2015) (defines “colorable claim” under Rule 36.1)
- State v. Brown, 479 S.W.3d 200 (Tenn. 2015) (holding that failure to award pretrial jail credit does not render a sentence illegal for Rule 36.1 purposes)