JOE BILLY RUSSELL, JR. v. STATE OF TENNESSEE - Articles

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Posted by: Stacey Shrader Joslin on Sep 5, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Joe Billy Russell, Jr., Bedford, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Chuck Crawford, District Attorney General; and Michael D. Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

While it is uncertain from the record, it appears the Petitioner, Joe Billy Russell, Jr., pled guilty in 1994 to two counts of the sale of cocaine. Pursuant to a negotiated settlement, which included the Petitioner’s agreement not to apply for alternative sentencing, the trial court sentenced him to two concurrent sentences of four years each. In 2011, the Petitioner filed a pro se motion to vacate the judgment, alleging that he received the ineffective assistance of counsel and that his guilty plea was not voluntarily entered. The trial court dismissed the motion, finding that it was filed beyond the expiration of the statute of limitations. On appeal, the Petitioner contends the trial court erred when it dismissed his petition. After reviewing the record, we affirm the trial court’s judgment.

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