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Posted by: Tanja Trezise on Mar 8, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Shara A. Flacy, Ardmore, Tennessee, for the appellant, Doris Nell Jones.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Doris Nell Jones, was convicted of second degree murder and sentenced to eighteen years in incarceration. On direct appeal, this Court dismissed the appeal for lack of jurisdiction based on an untimely notice of appeal and the absence of a motion for new trial in the record. State v. Doris Nell Jones, No. M2007-00791-CCA-R3-CD, 2008 WL 544576, at *1 (Tenn. Crim. App., at Nashville, Feb. 27, 2008), perm. app. granted, (Tenn. June 1, 2009). The supreme court remanded the case for reconsideration in light of its opinion in State v. Byington, 284 S.W.3d 220 (Tenn. 2009). On remand, this Court affirmed the conviction and sentence. State v. Doris Nell Jones, No. M2009-01102-CCA-RM-CD, 2009 WL 2633026, at *1 (Tenn. Crim. App., at Nashville, Aug. 26, 2009) (not for citation), perm. app. denied, (Tenn. Feb. 22, 2010). Petitioner subsequently sought post-conviction relief. After a hearing, the post-conviction court denied relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief. After a review of the record, we affirm the post-conviction court’s denial of post-conviction relief because Petitioner has failed to show by clear and convincing evidence that she is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed.