Five dozen cases prosecuted in Knox under gang law deemed flawed
Source: Knoxville News Sentinel
At least 60 cases have been prosecuted in Knox County under a Tennessee law — struck down this week as unconstitutional — allowing harsher penalties for crime-committing gang members, officials said Friday.
Kyle Hixson, deputy to Knox County District Attorney General Charme Allen, said Friday the gang enhancement statute now deemed bad law has been used to boost penalties in at least 60 cases and used as a bargaining chip in the plea negotiations process in even more. He did not have an exact number Friday, just one day after the Tennessee Court of Criminal Appeals struck down the 2012 law.
Attorneys interviewed by the News Sentinel on Friday agreed the decision, if allowed to stand, would lead to new sentencing hearings for defendants whose penalties were enhanced by the law and whose cases are winding their way through the appeal process. It also could lead to new hearings for defendants whose appeals have run out under what's known as post-conviction relief.
Jonathan Harwell, the appellate attorney for Knox County Public Defender Mark Stephens, said those who could wind up with no relief are defendants who opted to take plea deals simply because of the threat of the use of the gang enhancement statute.
Read more: http://www.knoxnews.com/news/crime-courts/appellate-court-strikes-down-tennessees-gang-enhancement-law-2ff0ebd8-b87d-383c-e053-0100007f1e79-375008401.html
