unanimous Tennessee Supreme Court opinion handed down on September 26, Chief
Justice Wade outlines the historical development of state and federal
he observes that the 2005 amendments to Tennessee's 1989 Sentencing Act were
passed for the purpose of bringing our sentencing scheme in line with United
States Supreme Court sentencing decisions, namely Apprendi
and its progeny.
This is the first time since the passage of those amendments that the
Tennessee Supreme Court has had an opportunity to address the effect of those
Supreme Court decisions on Tennessee's standard of appellate review.
view of the Court, the effect is that "
de novo appellate review and
presumption of correctness'
[has] ceased to be relevant. Instead, sentences imposed by the trial court
within the appropriate statutory range are to be reviewed under an abuse of
discretion standard with a '
presumption of reasonableness.'"
read the full opinion here