GENE S. RUCKER v. STATE OF TENNESSEE - Articles

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Posted by: Stacey Shrader Joslin on Aug 18, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Gene S. Rucker, pro se, Nashville, Tennessee.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Brent C. Cherry, Senior Counsel; and William H. Cox, III, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WEDEMEYER

The Petitioner, Gene S. Rucker, was convicted of aggravated arson and criminally negligent homicide, for which he was sentenced to an effective sentence of twenty-two years. On direct appeal, this Court affirmed his convictions and sentence. State v. Gene Shelton Rucker, Jr., No. E2002-02101-CCA-CCA-R3-CD, 2004 WL 2827004 (Tenn. Crim. App., at Knoxville, Dec. 9, 2004), perm. app. denied (Tenn. March 21, 2005). Subsequently the Petitioner filed a petition for post-conviction relief, which was denied on the grounds that it was time barred. This Court affirmed the post-conviction court’s judgment denying relief. Gene S. Rucker v. State, No. E2007-00380-CCA-R3-PC, 2007 WL 2405133 (Tenn. Crim. App., at Knoxville, Aug. 24, 2007) no Tenn. R. App. P. 11 app. filed. On February 18, 2013, the Petitioner filed a motion to reopen his petition for post-conviction relief. The postconviction court denied the motion to reopen, and the Petitioner appeals that decision. After a thorough review of the record and applicable law, we affirm the judgment of the postconviction court.

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