KENNETH DEWAYNE JOHNSON v. STATE OF TENNESSEE - Articles

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KENNETH DEWAYNE JOHNSON v. STATE OF TENNESSEE

Posted by: Tanja Trezise on Jul 24, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Manuel B. Russ, Nashville, Tennessee, for the appellant, Kenneth Dewayne Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Kenneth Dewayne Johnson, pled guilty to aggravated assault in Davidson County on November 17, 2011. On June 10, 2013, Petitioner filed a pro se petition for postconviction relief, alleging that the trial court lacked jurisdiction because the foreman of the grand jury that issued the indictment was ineligible to serve for being a convicted felon. Petitioner also asserted that he received ineffective assistance of counsel and entered an unknowing and involuntary plea. The post-conviction court dismissed the petition as untimely. On August 16, 2013, Petitioner, with the assistance of counsel, filed a second petition for post-conviction relief, arguing that the statute of limitations should be tolled in his case because the ineligibility of the grand jury foreman was not made public knowledge until after the statute of limitations had expired and was, therefore, a “later-arising” ground for relief. The post-conviction court dismissed the petition, finding that the ineligibility of the grand jury foreman did not divest the trial court of jurisdiction and that Petitioner was not denied effective assistance of counsel. Petitioner appealed. Upon a thorough review of the law and the facts in this case, we affirm the decision of the post-conviction court.

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