JACKSON, Tenn. — A Memphis man who was freed from jail in 2022 after serving 25 years of what Shelby County D.A. Steve Mulroy called an "excessive" 163-year sentence has been ordered back in jail after an appellate court overturned the decision.
According to a Tennessee Court of Criminal Appeals opinion by Judge J. Ross Dyer on Oct. 18, The appeals court granted an appeal by the State of Tennessee saying Shelby County Judge Paula Shakan "illegally" granted clemency for Courtney Anderson, a power vested solely in the governor according to the state constitution.
Anderson, now 55, was arrested in 1997 and sentenced to 162 years, 11 months, and 29 days in 2000 on multiple counts of theft and forgery. As a repeat offender, the judge gave the maximum amount of time on each conviction and required the sentences to be served consecutive to each other.
In April 2022, the defendant filed a pro se motion in Criminal court to “correct an illegal sentence.” Judge Paula Skahan reviewed the motion and brought the situation to the attention of the Shelby County D.A.’s office. Skahan believed the sentence was technically a “legal” sentence, but was excessive.
She then requested the D.A. to investigate what, if anything, could be done. The D.A.’s office, along with defense counsel, researched and found a legal ground for reopening the case.
On December 13, 2022, Skahan reduced Anderson’s sentence to 15 years, an effective time-served sentence.
The appellate court took issue with Shakan's intentions, stating she didn't have the proper jurisdiction to reduce Anderson's sentence, and the April, 2022 appeal from Anderson was outside of the applicable statute of limitations.
The decision means Anderson will have to carry out the remainder of his, effectively, life sentence.
“The question is whether Justice was done in this case," Steve Mulroy said. "The 162-year sentence for a string of nonviolent offenses was clearly excessive. Mr. Anderson served 25 years which was enough. It’s regrettable that the AG prioritized using scarce legal resources to reinstate on appeal a clearly excessive sentence. I hope the governor will consider clemency.”
The Eighth Amendment of the U.S. Constitution protects citizens against "cruel and unusual punishment," which the Tennessee Constitution also protects. However, many courts are conflicted when it comes to an objective definition of "excessive" sentencing, and this is often left up to a judge on a case-by-case basis.