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Posted by: Tanja Trezise on Apr 19, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Mabern E. Wall, Knoxville, Tennessee (on appeal) Raymond Mack Garner, District Public Defender; and George Houston Waters, Assistant Public Defender (at trial), for the appellant, Christopher Locke.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas W. Spangler, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Matthew Dunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Christopher Locke, pleaded guilty to one count of incest and received a three-year sentence of probation after the trial court denied judicial diversion. State v. Christopher Locke, No. E2010-01965-CCA-R3-CD, 2011 WL 3446442 (Tenn. Crim. App., Aug. 9, 2011), perm. app. denied (Tenn., Nov. 16, 2011). Petitioner appeals the denial of his petition for post-conviction relief as being untimely. Additionally, Petitioner asserts that the trial court erred by failing to conduct an independent inquiry regarding a conflict of interest between trial counsel and post-conviction counsel. Having reviewed the record, the applicable law, and the briefs of the parties, we affirm the judgment of the post-conviction court.