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Posted by: Amelia Ferrell Knisely on Feb 12, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Roger Joseph, Mountain City, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; and Stephen Crump, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Roger Joseph, appeals the summary dismissal of his petition for post- conviction relief. The petitioner pled guilty to premeditated first degree murder and was sentenced to life imprisonment. In his instant petition, he contends that his guilty plea was not entered knowingly and voluntarily based upon the ineffective assistance of counsel. While acknowledging that the petition was filed well outside the statute of limitations, he claims that he has shown that due process requires the tolling of the statute based upon his mental condition. Based upon that assertion, he contends that the summary dismissal of the petition was erroneous. Following review of the record, we conclude that the law of the case doctrine prohibits our review of that issue and affirm the dismissal of the petition.