June 19, 2001
Volume 7 — Number 111

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

GARY LEON CURETON v. STATE OF TENNESSEE
Court:TCCA

Attorneys:

Jonathan M. Holcomb, Rogersville,Tennessee, for appellant, Gary Leon
Cureton.

Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan,
Assistant Attorney General, Nashville, Tennessee; C. Berkeley Bell,
District Attorney General; Cecil C. Mills, Jr., Assistant District
Attorney, Greeneville, Tennessee, for appellee, State of Tennessee.   
                 
Judge: SMITH

First Paragraph:

On May 21, 1999, Gary Leon Cureton, the Petitioner and Appellant, pled
guilty in the Greene County Criminal Court to two counts of rape and
two counts of sexual battery and waived his right to appeal. 
Following the guilty plea, the trial court sentenced the Petitioner to
serve seventeen years incarceration.  On May 25, 2000, the Greene
County Court Clerk received a post conviction petition from the
incarcerated pro se Petitioner and stamped the document to indicate
that it had been filed on that date.  On June 2, 2000 the trial court
issued a preliminary order dismissing the petition on the ground that
it was not timely filed.  On June 12, the trial court received a pro
se motion to reconsider the dismissal of the petition, but the trial
court denied the motion on June 19, 2000.  On August 2, 2000, this
Court ordered the trial court to address the Petitioner's request for
the appointment of counsel, and the trial court subsequently appointed
counsel to assist with the Petitioner's appeal.  The Petitioner
appeals the trial court's dismissal of his petition and subsequent
denial of his motion to reconsider, arguing that he carried his burden
of proving that the petition was timely filed.  Because the Petitioner
was never afforded an opportunity to prove that  he timely filed his
petition, we remand for a hearing to determine whether the
Petitioner's petition was timely filed.

http://www.tba.org/tba_files/TCCA/curetongary.wpd

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