State of Tennessee v. Johnny Summers Cavin

Citation:

Court: Tennessee Supreme Court · Filed: 2023-06-08 · Docket: E2020-01333-SC-R11-CD
Published
Impact Score: 0/100 — Low impact: This case is narrowly focused with minimal precedential value.

Case Overview

State of Tennessee v. Johnny Summers Cavin is a court opinion from the Tennessee Supreme Court, filed on 2023-06-08 (Docket No. E2020-01333-SC-R11-CD).

Precedential Status: Published. This opinion may be cited as authority in future cases.

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Court Syllabus

The primary issue presented is whether a criminal restitution order is a final and appealable order under Tennessee Rule of Appellate Procedure 3 when the order directs a defendant to pay a set amount of restitution without payment terms. A trial court ordered the defendant who had pleaded guilty to burglary and theft to pay $5,500 in restitution during his probationary period. The Court of Criminal Appeals dismissed the appeal, holding that the restitution order was not a final and appealable order because it lacked payment terms. We hold that the restitution order was a final order. Tennessee's criminal restitution statute, Tennessee Code Annotated section 40-35-304, allows—but does not require—trial courts to specify payment terms. Here, the trial court's restitution order resolved all issues, was reasonable, and appropriately considered the victim's pecuniary loss and the defendant's ability to pay.

Case Details

Case NameState of Tennessee v. Johnny Summers Cavin
Citation
CourtTennessee Supreme Court
Date Filed2023-06-08
Docket NumberE2020-01333-SC-R11-CD
Precedential StatusPublished
Impact Score0 / 100
Jurisdictiontn

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