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ARENDALL v. DUTTON

February 5, 1987

William David Arendall, Petitioner,
v.
Michael Dutton, etc., et al., Respondents



The opinion of the court was delivered by: NEESE

 C. G. Neese, United States Senior Judge, District judge by designation and assignment.

 The petitioner Mr. William David Arendall applied pro se to this Court for the federal writ of habeas corpus. He claims he is in the custody of the respondent-warden pursuant to the judgment of conviction and sentence of October 23, 1972 of the Criminal Court of Tennessee for its (now) 20th judicial district (comprising Davidson County) in violation of the federal Constitution, Sixth Amendment, Right to the Assistance of Counsel Clause, 28 U.S.C. §§ 2241(c)(3), 2254(a).

 Mr. Arendall concedes that the claims he seeks to present to this Court were never presented to the courts of Tennessee. He claims, however, that he no longer has available a remedy under the laws of Tennessee.

 T.C.A. § 40-30-102 requires that a prisoner of Tennessee seeking to petition for post-conviction relief under T.C.A. title 40, chapter 30, after July 1, 1986, must do so within 3 years of the date of the final action of the highest appellate court of the state to which an appeal has been taken "or consideration of such petition shall be barred." The final action on the applicant's appeal from the aforementioned judgment (in so far as it appertained to Mr. Arendall) was on March 18, 1974. See, Arendall v. State, 509 S.W.2d 838 (Tenn. Cr. App. 1974), cert.den. by S. Ct. Tenn. (1974).

 It appears tentatively, therefore, that there is an absence of available state-corrective process to protect the applicant's rights as a prisoner. 28 U.S.C. § 2254(b). Mr. Arendall claims that he was deprived of his federal right to the assistance of counsel because his appointed ...


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