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Posted by: Tanja Trezise on Sep 26, 2013

Head Comment: With dissenting opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Sandra Franklin, Pro Se, Nashville, Tennessee

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Michael Dunavant, District Attorney General, and Walter Freeland, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

In 2009, Petitioner, Sandra Hendricks Franklin, was convicted by a Tipton County jury of first degree murder. As a result, she received a sentence of life imprisonment. Petitioner’s conviction and sentence were affirmed by this Court on appeal. See State v. Cassandra Hendricks Franklin, No. W2009-01087-CCA-R3-CD, 2010 WL 2265439, at *1 (Tenn. Crim. App., at Jackson, June 3, 2010), perm. app. denied, (Tenn. Nov. 10, 2010). In May of 2012, Petitioner filed a pro se petition for post-conviction relief in which she claimed, among other things, that she received ineffective assistance of counsel. The post-conviction court dismissed the petition for relief as untimely. Petitioner appeals. After a review of the record and authorities, we determine that Petitioner has failed to show that her claims fall within the statutory exceptions to the one-year statute of limitations for post-conviction claims as listed in Tennessee Code Annotated section 40-30-102(b) or that due process requires the tolling of the statute of limitations. Consequently, the judgment of the post-conviction court dismissing the petition is affirmed.