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Posted by: Landry Butler on Jan 17, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Thomas Ernest Young, Hartsville, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter, and Courtney R. Orr, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Thomas Ernest Young, appeals as of right from the Davidson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that his guilty-pleaded conviction for Class C felony possession of cocaine is void because the cocaine was obtained following his unlawful arrest, because he was the victim of vindictive prosecution, because he received ineffective assistance of counsel, and because his plea resulted from coercion. Alternatively, he submits that we should treat his petition as one seeking post-conviction relief and that the one-year statute of limitations should be tolled due to his mental incompetence. Following our review, we conclude that the Petitioner has failed to state a cognizable claim for habeas corpus relief and, furthermore, that tolling of the one-year limitations period for filing a post-conviction petition is not required. Therefore, we affirm summary dismissal of his petition.