JUNIOR P. SAMUEL V. STATE OF TENNESSEE - Articles

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JUNIOR P. SAMUEL V. STATE OF TENNESSEE

Posted by: Tanja Trezise on Apr 25, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Junior P. Samuel, Nashville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Sharon Reddick, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Junior P. Samuel, appeals the post-conviction court’s summary dismissal of his petition for relief as time-barred. The petitioner is currently serving an effective thirtytwo year sentence in the Department of Correction following his convictions for five counts of rape and one count of sexual battery by an authority figure in 2008. In April 2013, the petitioner filed the instant pro se petition for post-conviction relief alleging that he was denied his right to the effective assistance of counsel. The post-conviction court summarily dismissed the petition after concluding that it was filed outside the statute of limitations. On appeal, the petitioner contends that the dismissal was improper because due process required tolling the statute of limitations. Specifically, he contends that he was mislead by appellate counsel into believing that appellate counsel was continuing the appellate process following the denial of the direct appeal. Following review of the record, we affirm the dismissal of the petition.

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