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Posted by: Chandra Williams on Nov 2, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Anthony, Atlanta, Georgia, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Renee W. Turner, Senior Counsel, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Richard Anthony, filed a post-conviction petition, seeking relief from his 1990 convictions for aggravated robbery and conspiracy to commit aggravated robbery, and resulting concurrent sentences of twelve years and six years, respectively. As we understand, the petitioner claims that, although he has had no contact with trial counsel in the last twenty-five years, he was unaware that counsel was not pursuing a second-tier appeal of the convictions. As relief, he asks that his convictions be vacated or, in the alternative, that he have counsel appointed to pursue a second-tier direct appeal of his convictions. The post-conviction court determined both that his petition was untimely and without merit, even if considered as a motion to reopen a similar 1997 petition. Following our review, we affirm the order of the post-conviction court.