Foley v. State, No. M2018-01963-CCA-R3-PC (Tenn. Ct. Crim. App. 2020)
Nature of Case: Petitioner entered a guilty plea to a non-registrable offense when he was 16. Subsequent to his plea, that offense became registrable under Tennessee state law, and he then began seeking his removal from the registry or alternately to withdraw his guilty plea. The trial court denied, concluding that his petition was time-barred, and that he had not demonstrated his Due Process rights were violated. Petitioner sought review.
Holding: Tennessee Court of Criminal Appeals reversed the decision of the trial court and granted the relief Petitioner sought. The Court found that the petition for relief was not time-barred and that the subsequent registration breached his plea agreement which entitled him to withdraw his plea. Furthermore, while the majority opinion declined to address the Ex Post Facto issue, a concurring opinion observed that the registration was also likely violative of the Ex Post Facto clause.