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Posted by: Amelia Ferrell Knisely on Jan 29, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Timothy Coleman, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Stephen Crump, District Attorney General, for the appellee, State of Tennessee.


According to the allegations of the pro se post-conviction petition, the Petitioner, Timothy Coleman, pleaded guilty to initiation of a process to manufacture methamphetamine and received a nine-year sentence. He alleged that the date of the judgment was March 7, 2014, and that no appeal was filed. He filed a post-conviction petition on July 6, 2015, alleging that due process required tolling of the one-year post- conviction statute of limitations due to his mental incompetency. The post-conviction court summarily dismissed the petition as time-barred. On appeal, the Petitioner contends that the post-conviction court erred in dismissing the case on the basis of the statute of limitations. He also contends that newly discovered evidence may establish his actual innocence of the offense. We affirm the judgment of the post-conviction court.