Thursday, June 29, 2017

Tennessee aggravated burglary - NOT a violent felony

As teased in the previous post (thanks Laura!), the Court on Monday issued an en banc opinion holding that, in our post-Johnson and Mathis word, Tennessee's aggravated burglary statute (Tenn. Code Ann. § 39-14-403) is not a violent felony under the ACCA.

In United States v. Stitt,  9 judges of the en banc court joined together in finding that "[b]y including 'mobile homes, trailers, and tents,' as well as any 'self-propelled vehicle,' Tennessee’s aggravated-burglary statute includes exactly the kinds of vehicles and movable enclosures that the Court excludes from generic burglary"  The Court found unpersuasive the argument that, because Tennessee law required such structures to be “designed or adapted for the overnight accommodation of persons”, that the statute met the generic definition of burglary.  Rather, it is nature of the place itself, rather than its intended use, that controls whether a location meets the generic burglary standard.

Congrats to AFPD Timothy Ivey!!!

1 comment:

Cindy Hamilton said...

This is great ..is a structure like a barn included in this ?? My husband has old felonies of burglary and now serving 15 yrs for ACC.