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Posted by: Tanja Trezise on Jul 13, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Philip J. Perez (on petition) and William Doak Patton (on appeal), Nashville, Tennessee, for the appellant, Dwayne Jabbar Seales.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Amy Hunter Eisenbeck, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Dwayne Jabbar Seales, appeals from the summary dismissal of his March 30, 2011 petition for post-conviction relief as time-barred. On December 19, 2002, the Petitioner pled guilty to aggravated assault and domestic assault, and following his 2011 arrest on an unrelated charge, immigration removal proceedings have been initiated against the Petitioner based upon his 2002 guilty plea convictions. On appeal, the Petitioner asserts that due process requires tolling of the post-conviction limitations period because of trial counsel’s failure to inform him of the deportation consequences of his plea. After a thorough review of the record and the applicable authorities, we affirm the post-conviction court’s judgment.