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Posted by: Landry Butler on Apr 3, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Manuel B. Russ, Nashville, Tennessee, for the appellant, Ugenio Dejesus Ruby-Ruiz.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas S. Bolduc, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Tammy Meade, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Following a trial, a Davidson County jury convicted the Petitioner, Ugenio Dejesus Ruby-Ruiz, of three counts of sexual exploitation of a minor; five counts of aggravated sexual battery; nine counts of rape of a child; one count of especially aggravated sexual exploitation of a minor; and two counts of rape, for which the trial court imposed an effective sentence of 121 years in the Department of Correction. The Petitioner subsequently filed a petition for post-conviction relief, which was denied following a hearing. Upon review, we conclude that the pro se petition was filed outside the one-year statute of limitations applicable to post-conviction proceedings. However, because we are unable to determine from the record whether due process requires the tolling of the statute of limitations, we vacate the post-conviction court’s order and remand the case to the post-conviction court for a determination of whether due process tolling applies.