Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs April 19, 2017
from the Circuit Court for Rutherford County No. F-75377
Royce Taylor, Judge
Petitioner, Shanterrica Madden, appeals the post-conviction
court's dismissal of her petition for post-conviction
relief as untimely. The Petitioner contends that due process
concerns should toll the one-year statute of limitations to
allow review of her underlying claims. Upon review, we affirm
the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Clark, Nashville, Tennessee, for the Petitioner, Shanterrica
Herbert H. Slatery III, Attorney General and Reporter; M.
Todd Ridley, Assistant Attorney General; Jennings H. Jones,
District Attorney General; and J. Paul Newman, Assistant
District Attorney General, for the Appellee, State of
Camille R. McMullen, J., delivered the opinion of the court,
in which James Curwood Witt, Jr. and John Everett Williams,
CAMILLE R. McMULLEN, JUDGE.
14, 2012, a Rutherford County jury convicted the Petitioner
of second degree murder and tampering with evidence for which
the Petitioner received an effective sentence of twenty-nine
years. See State v. Shanterrica Madden, No.
M2012-02473-CCA-R3-CD, 2014 WL 931031 (Tenn. Crim. App. Mar.
11, 2014), perm. app. denied (Tenn. Sep. 18, 2014),
cert. denied, 135 S.Ct. 1509 (Mar. 2, 2015) (No.
14-880). This court affirmed her convictions and sentence on
direct appeal, and the Tennessee Supreme Court denied
permission to appeal on September 18, 2014. Id.. On
March 2, 2015, the United States Supreme Court also denied
the Petitioner's petition for writ of certiorari.
March 29, 2016, the Petitioner filed her pro se petition for
post-conviction relief. In her petition, the Petitioner alleged
that she received ineffective assistance of counsel, that the
evidence was insufficient to support her second degree murder
conviction, and that she was denied due process based on
impartial treatment towards the defense and improper juror
questions. On March 30, 2016, the post-conviction court found
that the Petitioner presented a colorable claim, appointed
post-conviction counsel, and ordered the State to file a
response. On April 18, 2016, the State filed a motion to
dismiss the petition claiming that the petition was filed
outside of the statute of limitations and was time-barred.
The State contended that the one-year statute of limitations
for the Petitioner's post-conviction petition began to
run on September 18, 2014, when the Tennessee Supreme Court
denied her application to appeal. The Petitioner did not
address the statute of limitations in her post-conviction
petition and did not file an amended petition. The
post-conviction court held an evidentiary hearing on June 13,
attorney who represented the Petitioner at trial and on
appeal was deceased at the time of the hearing. However,
trial counsel's widow, who was also co-counsel on the
Petitioner's case, testified at the hearing. Co-counsel
testified that trial counsel wrote the Petitioner a letter,
dated April 14, 2015, which stated, in pertinent
Previously, when I sent you the denial from the United States
Supreme Court, I failed to inform you that you have one year
to file a [p]ost[-] [c]onviction act against [co-counsel] and
I. I am truly sorry ...