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Smith v. State
Tennessee Court of Criminal Appeals
6 S.W.3d 512 (1999)
- Written by Miller Jozwiak, JD
Facts
Ami Smith (defendant) pled guilty to one count of incest. Although initially not imprisoned, she violated the terms of her original sentence and was ordered to serve a five-year sentence in prison. She never appealed her conviction or sentence. However, after being imprisoned, she petitioned for postconviction relief. Smith claimed that Tennessee’s criminalization of incest between consenting adults in a private, noncommercial setting violated the state constitution’s privacy protections. The trial court rejected her claim, holding that the criminalization of incest was not unconstitutional. Smith appealed.
Rule of Law
Issue
Holding and Reasoning (Hayes, J.)
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