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Posted by: Stacey Shrader Joslin on Sep 8, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Adrian Wilkerson, Wartburg, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Amy Hunter, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The petitioner, Adrian Wilkerson, appeals pro se from the summary dismissal of his 2014 petition for post-conviction relief, which challenged his 1996 convictions of first degree felony murder, especially aggravated robbery, and theft of property valued at $1000 or more but less than $10,000. Because the petition was filed more than a decade beyond the applicable statute of limitations, because this is the petitioner?s second successive petition for post-conviction relief, and because the petitioner failed to either allege or prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court.