Shelton v. State
Docket: 03C01-9707-CR-00236
Court: Court of Criminal Appeals of Tennessee; March 23, 1998; Tennessee; State Appellate Court
Original Court Document: View Document
Charles Shelton appeals the dismissal of his petition for post-conviction relief by the Greene County Criminal Court, which determined that the petition was time-barred. Shelton had pled guilty to multiple sexual offenses on June 19, 1987, and did not appeal his convictions. According to Tennessee law, specifically Tennessee Code Annotated section 40-30-102, he was required to file his petition by June 19, 1990, to toll the statute of limitations. However, Shelton did not submit his petition until May 16, 1997, exceeding the three-year limit. The court emphasized that the new Post-Conviction Procedure Act does not revive claims barred by the previous statute of limitations, as established in Carter v. State, where the Tennessee Supreme Court clarified that claims expired before the new Act's effective date (May 10, 1995) do not receive an extension. Even if the new Act allowed for an additional year to file, Shelton still failed to meet the deadline by waiting two years after the new Act's implementation to file. Consequently, the court affirmed the trial court's decision, concluding that the petition was appropriately dismissed as time-barred. The ruling was supported by Judges Woodall, Smith, and Special Judge Acree.