State v. LW
350 S.W.3d 911
Tenn.2011Background
- Two Tennessee defendants pled guilty to some counts in multi-count indictments; dismissed charges remained unresolved and sought expungement.
- State appealed expungement denials via writ of certiorari; initial denials were reversed by the Court of Criminal Appeals (CCA) which ordered partial expungement.
- Trial courts denied expungement; the CCA reversed, holding each count could be expunged separately; questions about certiorari jurisdiction and statutory scope were raised.
- K.F. had a three-count indictment with guilty plea to one count; charges dismissed as to others; sought expungement of dismissed charges.
- L.W. had a two-count indictment with guilty plea to misdemeanor charge; felonies dismissed; sought expungement of the dismissed count; separate conviction on the other count.
- The Tennessee Supreme Court held: (a) 27-8-106 procedures do not apply to criminal certiorari; (b) conviction on one count does not bar expungement of records for a dismissed count in a multi-count indictment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 27-8-106 procedures apply to criminal certiorari appeals | State argued none; procedural rules not mandatory in criminal certiorari | K.F. and L.W. argued jurisdiction upheld by statute | No; criminal certiorari not governed by 27-8-106 verifications/recitations |
| Whether a conviction on one count precludes expungement of dismissed counts | State contends 40-32-101(a)(1)(E) bars expungement when any count is convicted | K.F. and L.W. contend dismissed counts may be expunged if criteria met | Conviction on one count does not preclude expungement of records for dismissed counts in a separate count |
Key Cases Cited
- Adler v. State, 92 S.W.3d 397 (Tenn. 2002) (expungement appeal available; procedures discussed)
- State v. Liddle, 929 S.W.2d 415 (Tenn. Crim. App. 1996) (expungement rights for counts within an indictment; nolle prosequi context)
- Bd. of Prof'l Responsibility v. Cawood, 330 S.W.3d 608 (Tenn. 2010) (certiorari jurisdiction and procedural requirements application)
- Studdard v. State, 182 S.W.3d 283 (Tenn. 2005) (plea to non-indicted/incidental offense; jurisdictional issues)
- Madison Suburban Util. Dist. v. Carson, 191 Tenn. 300, 232 S.W.2d 277 (1950) (statutory interpretation; consistent meaning of terms across statute)
- Davis v. State, 313 S.W.3d 751 (Tenn. 2010) (statutory construction principles; legislative intent)
- Northland Ins. Co. v. State, 33 S.W.3d 727 (Tenn. 2000) (jurisdiction and de novo review for legal questions)