All Content

Posted by: Tanja Trezise on Oct 1, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

William F. Roberson, Jr., Cookeville, Tennessee, for the appellant, Francisco Miguel Jose.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Randall A. York, District Attorney General; and Beth Willis and Douglas E. Crawford, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Petitioner, Francisco Miquel Jose, appeals from the 1 Putnam County Criminal Court’s denial of his petition for post-conviction relief. On appeal, he contends that his 2004 guilty plea to misdemeanor theft of property was not knowingly made because he was not advised of the immigration consequences of his guilty plea, that the statute of limitations should be tolled because Padilla v. Kentucky, 130 S. Ct. 1473 (2010), announced a new rule of constitutional law that did not exist at the time of his plea, and that due process requires tolling of the statute of limitations due to the circumstances surrounding his guilty plea. We affirm the judgment of the trial court.