ESSAM ESHAK v. STATE OF TENNESSEE - Articles

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Posted by: Amelia Ferrell Knisely on Jun 10, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin R. McGee (at hearing and on appeal) and Richard McGee (at hearing), Nashville, Tennessee, for the appellant, Essam Eshak.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Victor S. (“Torry”) Johnson III, District Attorney General; and James W. Milam and Robert W. Mitchell, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Essam Eshak, appeals the dismissal of his petition for post-conviction relief as untimely. He asserts that the statute of limitations should be tolled in the interest of justice because trial counsel had an actual conflict of interest by simultaneously representing the Petitioner and his co-defendant and should not have assisted the Petitioner in entering a guilty plea. After review, we affirm the judgment of the post- conviction court.

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