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Posted by: Amelia Ferrell Knisely on May 25, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert L. Sirianni, Jr., Winter Park, Florida, for the Appellant, Stacy Ramsey.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Matthew F. Stowe, District Attorney General; and R. Adam Jowers, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Stacy Ramsey, appeals from the Carroll County Circuit Court’s summary dismissal of his second petition for post-conviction relief, which the trial court treated as a motion to reopen his post-conviction proceeding. We dismiss the appeal for lack of jurisdiction because the Petitioner failed to comply with the statutory requirements governing an appeal from the denial of a motion to reopen post-conviction proceedings. If treated as a second post-conviction petition as styled by Petitioner, through counsel, then it was subject to summary dismissal because only one petition for post-conviction relief is permitted, T.C.A. § 40-30-102(c), and because the petition was barred by the applicable one-year statute of limitations, T.C.A. § 40-30-102(a).