DAVID DELGADO ECHEVERIA v. STATE OF TENNESSEE - Articles

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Posted by: Karen Belcher on Jul 25, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph D. Baugh, Franklin, Tennessee, for the appellant, David Delgado Echeveria.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Leslie E. Price, Senior Counsel; Tom P. Thompson, Jr., District Attorney General; and Jason Lawson, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, David Delgado Echeveria, pled guilty to the possession of 300 grams or more of cocaine with the intent to manufacture, sell, or deliver. Over five years later, he filed a petition for post-conviction relief, asserting that his attorney had failed to advise him of the potential immigration consequences of his plea. The post-conviction court dismissed the petition for failure to file within the statutory limitations period, and Petitioner appeals. We conclude that the petition was filed outside the limitations period and that Petitioner has not shown he is entitled to due process tolling. The judgment of the post- conviction court is affirmed.

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