All Content

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.


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.