STATE OF TENNESSEE v. JAMES JOHNSON AKA GUY BONNER - Articles

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Posted by: Tanja Trezise on May 19, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

James Johnson aka Guy Bonner, Hartsville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; and Sophia S. Lee, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The petitioner, James Johnson aka Guy Bonner, appeals the denial of his petition for post-conviction relief, which petition apparently challenged his 2012 Shelby County Criminal Court jury convictions of burglary, theft of property valued at $500 or less, and resisting arrest. Because the petitioner has established sufficient facts to make a threshold showing that he complied with the “mailbox rule,” he is entitled to an evidentiary hearing at which he must establish by a preponderance of the evidence that he delivered his petition to the appropriate prison official for mailing before the expiration of the statute of limitations. Thus, we reverse the judgment of the post-conviction court and remand the case for an evidentiary hearing on the issue of the timeliness of the petition for post-conviction relief.

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