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Posted by: Chandra Williams on Oct 12, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Billy G. Burk, District Public Defender; and David S. Stockton, Assistant District Public Defender, for the Appellant, Steven Van Tucker.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; D. Michael Dunavant, District Attorney General; and Julie K. Pillow, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Steven Tucker, was convicted of theft of property valued at $1,000 or more but less than $10,000, a Class D felony, and was sentenced to twelve years as a career offender. State v. Steven Van Tucker, No. W2010-01943-CCA-R3-CD, 2012 WL 1478774, at *1 (Tenn. Crim. App. Apr. 25, 2012). This court affirmed his convictions on direct appeal. Id. Petitioner subsequently filed a petition for post-conviction relief, and he now appeals the post-conviction court’s denial of relief. Petitioner argues that his Fourth Amendment rights were violated when law enforcement entered a home, which did not belong to petitioner, with only an arrest warrant for the petitioner and that his trial counsel was ineffective for failing to challenge the search. Following our thorough review of the record, the parties’ briefs, and the applicable law, we dismiss petitioner’s appeal as untimely.