Narrative Opinion Summary
Thomas J. McKee appeals the dismissal of his post-conviction relief petition by the Knox County Criminal Court, which ruled it time-barred under Tennessee Code Annotated section 40-30-202(a). The trial court mistakenly started the one-year statute of limitations from the conviction date of September 7, 1995, instead of from the Tennessee Supreme Court's denial of his appeal on December 28, 1998. Both McKee and the state agree on this misapplication. The appellate court determined that the statute of limitations should run from the final action of the highest state appellate court, which in this case is the Tennessee Supreme Court. Thus, McKee's post-conviction petition, filed on December 9, 1999, was timely. The appellate court reversed the trial court's judgment and remanded the case for further post-conviction proceedings.
Legal Issues Addressed
Commencement of Statute of Limitations for Post-Conviction Reliefsubscribe to see similar legal issues
Application: The statute of limitations for filing a post-conviction relief petition begins from the final action of the highest state appellate court, not the conviction date.
Reasoning: The appellate court determined that the statute of limitations should run from the final action of the highest state appellate court, which in this case is the Tennessee Supreme Court.
Judicial Error and Appellate Reviewsubscribe to see similar legal issues
Application: The appellate court corrected the trial court's error by reversing its judgment and remanding the case for further proceedings.
Reasoning: The appellate court reversed the trial court's judgment and remanded the case for further post-conviction proceedings.
Misapplication of Statutory Time Limitationssubscribe to see similar legal issues
Application: The trial court erroneously calculated the statute of limitations from the conviction date, necessitating appellate correction.
Reasoning: The trial court mistakenly started the one-year statute of limitations from the conviction date of September 7, 1995, instead of from the Tennessee Supreme Court's denial of his appeal on December 28, 1998.
Timeliness of Post-Conviction Relief Petitionsubscribe to see similar legal issues
Application: McKee's petition for post-conviction relief was filed within the allowable time frame, as it was submitted before the statute of limitations expired.
Reasoning: Thus, McKee's post-conviction petition, filed on December 9, 1999, was timely.