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State v. Joseph Martin Thurman
Citation: Not availableDocket: 01C01-9706-CC-00231
Court: Court of Criminal Appeals of Tennessee; October 23, 1998; Tennessee; State Appellate Court
Original Court Document: View Document
Joseph Martin Thurman was convicted by a Marion County jury of premeditated first-degree murder and arson, receiving concurrent sentences of life imprisonment and three years, respectively. On appeal, Thurman raised multiple issues; however, the appeal was deemed improperly before the court due to his failure to timely file a motion for a new trial and a notice of appeal. The jury's verdict occurred on October 6, 1996, with sentencing on November 26, 1996. Thurman filed his motion for a new trial on December 30, 1996, which was beyond the mandatory thirty-day limit established by Tennessee Rule of Criminal Procedure 33(b). Consequently, this motion was considered a nullity, and the trial court lacked jurisdiction to address its merits. The notice of appeal, filed on February 11, 1997, was similarly untimely as it was not tolled due to the late motion for a new trial. The court noted that while it may waive the requirement for timely filing in the interest of justice, Thurman did not request such a waiver. Therefore, the court affirmed the trial court's judgment as per Rule 20 of the Tennessee Court of Criminal Appeals, with appeal costs taxed to the state due to Thurman's indigence. The ruling was concurred by Judges David H. Welles and John K. Byers.