JACKIE F. CURRY v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on May 26, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Gerald L. Gulley, Jr., Knoxville, Tennessee, for the appellant, Jackie F. Curry.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy Wilber, Senior Counsel; Charme P. Allen, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Jackie F. Curry, appeals the trial court’s denial of his motion to reopen postconviction proceedings. Petitioner argues that the United States Supreme Court’s decision in Lafler v. Cooper, 566 U.S. 156 (2012), established a new rule of constitutional law that should be applied retroactively to his case. Because Petitioner failed to follow the statutory requirements to seek discretionary review of a motion to reopen, this Court does not have jurisdiction, and we dismiss the appeal.

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