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Brian Christian Lautenschlager v. State of Tennessee

Citation: Not availableDocket: W2008-00162-CCA-R3-PC

Court: Court of Criminal Appeals of Tennessee; November 18, 2008; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves an appeal by a petitioner seeking post-conviction relief for convictions of attempted first-degree murder and aggravated robbery, which resulted in a ninety-year sentence. The petitioner filed for post-conviction relief over nine years after the Tennessee Supreme Court denied his direct appeal, challenging the effectiveness of counsel, due process violations, and sentencing errors. The trial court dismissed the petition as time-barred under Tennessee Code Annotated section 40-30-102, which requires filing within one year of the final appellate decision. The petitioner did not invoke any statutory exceptions that could extend the filing period, such as new constitutional rights or scientific evidence. The petitioner argued that due process should toll the statute of limitations, citing misrepresentations by trial counsel, but failed to justify the delay or provide evidence supporting this claim. The Tennessee Court of Criminal Appeals affirmed the trial court's dismissal, emphasizing the absence of grounds for tolling the limitations period and noting the waiver of unsupported claims. Consequently, the petition for post-conviction relief was denied, and the court granted the State's motion to affirm under Rule 20.

Legal Issues Addressed

Due Process and Tolling of Statute of Limitations

Application: The petitioner argued for tolling based on counsel's misrepresentations, but the court found no grounds for tolling due to the petitioner's significant delay and lack of evidence supporting due process violations.

Reasoning: The Petitioner references Williams v. State, arguing that due process should toll the limitations period due to alleged misrepresentations by his trial counsel regarding the appeals process.

Exceptions to the Statute of Limitations for Post-Conviction Relief

Application: The court noted that no exceptions to the statute of limitations applied, as the petitioner did not present new constitutional claims, scientific evidence, or invalid prior convictions.

Reasoning: These exceptions include: (1) claims based on a final appellate court ruling that recognizes a previously unacknowledged constitutional right requiring retrospective application; (2) claims supported by new scientific evidence proving the petitioner's actual innocence; or (3) claims for relief from an enhanced sentence due to a prior invalid conviction, provided the petition is filed within one year of the ruling declaring the prior conviction invalid.

Post-Conviction Relief Time Bar under Tennessee Code Annotated Section 40-30-102

Application: The court applied the one-year statute of limitations for post-conviction relief, determining that the petition was filed well beyond this period and thus, time-barred.

Reasoning: The Tennessee Court of Criminal Appeals affirms this dismissal, citing the petition's failure to meet the one-year statute of limitations for filing post-conviction relief following the final action of the highest state appellate court.

Waiver of Issues Due to Lack of Argumentation

Application: The court determined that issues not properly argued or supported with legal citations and record references are considered waived.

Reasoning: Any claims lacking proper argumentation, legal citation, or references to the record will also be treated as waived.