CHARLES BRENDEN DAVIS v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on May 23, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Charles Brenden Davis, Tiptonville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Glenn Funk, District Attorney General; and Megan King, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Petitioner’s convictions were affirmed by this court on direct appeal and no Tennessee Rule of Appellate Procedure 11 application for permission to appeal was filed. The Petitioner filed an untimely petition for post-conviction relief, alleging that he received the ineffective assistance of counsel and requesting that he be allowed to file a delayed Rule 11application. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner argues that the post-conviction court erred in summarily dismissing his petition because the statute of limitations should be tolled under due process. After a thorough review of the record and applicable case law, we affirm.

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