ANGELA MONTGOMERY v. STATE OF TENNESSEE - Articles

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ANGELA MONTGOMERY v. STATE OF TENNESSEE

Posted by: Karen Belcher on Sep 22, 2021

Court: TN Court of Criminal Appeals

Attorneys 1: Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jennings H. Jones, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellant, State of Tennessee.

Attorneys 2: John C. Taylor, Murfreesboro, Tennessee, for the appellee, Angela Montgomery.

Judge(s): OGLE

The Petitioner, Angela Montgomery, was convicted in the Rutherford County Circuit Court of six counts of rape of a child and received an effective sentence of forty years in confinement to be served at one hundred percent. After this court affirmed the Petitioner’s convictions, she filed a petition for post-conviction relief, claiming that she received the ineffective assistance of trial counsel. The post-conviction court held an evidentiary hearing and granted relief. In this appeal by the State, the State contends for the first time that the post-conviction court lacked jurisdiction to consider the petition on its merits because the petition was untimely and that the post-conviction court incorrectly determined that the Petitioner received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the case should be remanded to the post-conviction court to afford the Petitioner an opportunity to show whether the limitations period for filing the petition should be tolled based on due process concerns. Accordingly,thecaseisremandedtothepost-convictioncourtforanevidentiary hearing on that issue.

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