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Posted by: Landry Butler on Mar 15, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Ernest J. Beasley (on appeal) and Paul Guibao (at post-conviction hearing), Memphis, Tennessee, for the Appellant, Starbrough Jones.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Amy P. Weirich, District Attorney General; and Alexia Crump and Carla Taylor, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Starbrough Jones, filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court dismissed the petition as untimely. On appeal, the Petitioner concedes that the petition was untimely but maintains that due process requires tolling the statute of limitations because he was never “official[ly]” informed that counsel was withdrawing after this court filed its opinion on direct appeal and because counsel did not advise the Petitioner of his right to seek post-conviction relief. Upon review, we affirm the judgment of the post-conviction court.