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Posted by: Karen Belcher on May 18, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Donald Scott Kimbrough, Mountain City, Tennessee, pro se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Dave S. Clark, District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In April 2005, Donald Scott Kimbrough (“the Petitioner”) pled guilty to second degree murder and attempted second degree murder. Pursuant to a plea agreement, the Defendant received an effective sentence of twenty-five years’ incarceration. Almost twelve years after his guilty plea, in March 2017, the Petitioner filed an untimely petition for post-conviction relief. The Petitioner acknowledged that his petition was untimely filed but asserted that the statute of limitations should be tolled because he was a minor at the time of the offenses.1 The post-conviction court summarily dismissed the petition as time-barred after finding that no statutory exception existed to toll the limitations period and that the Petitioner failed to establish a basis for due process tolling. The Petitioner now appeals the post-conviction court’s order. However, because the Petitioner filed an untimely notice of appeal with this court and the interest of justice does not favor a waiver of the timely filing requirement in this case, the Petitioner’s appeal is dismissed.