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Martin v. State

Court of Criminal Appeals of Tennessee, Jackson

June 7, 2017

JACKSON MARTIN
v.
STATE OF TENNESSEE

          Session May 2, 2017

         Appeal from the Criminal Court for Shelby County No. 10-07889 James M. Lammey, Judge.

         The petitioner, Jackson Martin, was convicted by a Shelby County jury of one count of attempted second-degree murder and two counts of carjacking. Over one year after this Court affirmed his convictions, the petitioner filed a petition for post-conviction relief. The trial court subsequently denied the petition on its merits. Following our review of the record and pertinent authorities, we conclude the petition was untimely, and so this Court is without jurisdiction to consider this appeal. Accordingly, we dismiss this appeal and remand the matter to the trial court for proceedings consistent with this opinion.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed.

          James Jones, Bartlett, Tennessee, for the appellant, Jackson Martin.

          Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Tyler Parks, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Alan E. Glenn and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Procedural History

         A Shelby County jury convicted the petitioner of attempted second degree murder and two counts of carjacking, for which he received an effective sentence of twenty-two years in confinement. State v. Jackson Martin, No. W2012-00144-CCA-R3-CD, 2013 WL 427897, at *1-5 (Tenn. Crim. App. Feb. 1, 2013). On February 1, 2013, his conviction was affirmed by this Court on direct appeal, and the petitioner did not seek permission to appeal to the Tennessee Supreme Court. Id. The petitioner filed his pro se petition for post-conviction relief on March 5, 2014, over one year after the final decision by the highest appellate court from which the petitioner sought relief, arguing in part, trial counsel failed to respond to the State's request for notice of the petitioner's intent to present an alibi defense and failed to speak with and call several witnesses to testify at trial. The trial court appointed counsel, who filed an amended petition for post-conviction relief, and held an evidentiary hearing on the petition. The State did not raise the timeliness of the petition, and the trial court treated the petition as timely. The trial court ultimately denied the petition, and this appeal followed.

         Analysis

         On appeal, the petitioner again alleges trial counsel provided ineffective assistance because he failed to file a notice of alibi and failed to call eyewitnesses. The State contends the petitioner filed an untimely petition for post-conviction relief, so his appeal should be dismissed. Alternatively, the State argues the petitioner received effective assistance of counsel. Following our consideration of the record, pertinent law and authorities, and arguments of the parties, we conclude the petition for post-conviction relief was untimely, so the trial court did not have jurisdiction to consider the petition and neither do we. Accordingly, we dismiss the petitioner's appeal and remand the matter to the trial court for proceedings consistent with this opinion.

         A post-conviction petitioner has one year from "the date of the final action of the highest state appellate court" in which to file a petition for relief. Tenn. Code Ann. § 40-30-102(a). "Time is of the essence of the right to file a petition for post-conviction relief." Id. Untimely filing of a post-conviction petition extinguishes a petitioner's post-conviction claims. Id. Tennessee Code Annotated section 40-30-102 subpart (b) states that "[n]o court shall have jurisdiction to consider a petition filed after the expiration of the limitations period" and then sets out the following three exceptions to this rule:

(1) The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court ...

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