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Posted by: Landry Butler on Apr 6, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Donald Capparella and Elizabeth Sitgreaves, Nashville, Tennessee, for the appellant, Robert Murphy.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Kim R. Helper, District Attorney General; and Jennifer Mason, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Robert Murphy, appeals the Lewis County Circuit Court's denial of his petition for post-conviction relief from his convictions of two counts of rape, two counts of aggravated sexual battery, and two counts of incest and resulting effective sentence of forty-eight years to be served at 100%. On appeal, the Petitioner contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgment of the post-conviction court.