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Posted by: Brittany Sims on Jun 10, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Andre Kimbrough, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Victor S. (Torry) Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Andre Kimbrough, was convicted of second degree murder, a Class A felony. He now appeals the denial of his petition for post-conviction relief. On appeal, he argues that the statute of limitations for filing a petition for post-conviction relief should be tolled because trial counsel did not give the petitioner adequate notice that his direct appeal was denied or notice that trial counsel did not apply for permission to appeal to the Tennessee Supreme Court. After reviewing the record, we affirm the denial of post- conviction relief.