Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bond v. State

Court of Criminal Appeals of Tennessee, Jackson

August 16, 2017

CARL BOND
v.
STATE OF TENNESSEE

          Assigned on Briefs July 25, 2017 at Knoxville

         Appeal from the Criminal Court for Shelby County No. 10-01325 Chris Craft, Judge

         The petitioner, Carl Bond, was convicted by a Shelby County jury of one count of aggravated robbery. Over a year after this Court affirmed his conviction, 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 this Court is without jurisdiction to consider this appeal. Accordingly, we dismiss this appeal.

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

          Monica Timmerman, Memphis, Tennessee, for the appellant, Carl Bond.

          Herbert H. Slatery III, Attorney General and Reporter; Ruth Anne Thompson, Senior Counsel; Amy P. Weirich, District Attorney General; and Carla Taylor, 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 H. Montgomery, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Procedural History

         A Shelby County jury convicted the petitioner of aggravated robbery, for which he received a sentence of seventeen years in confinement at 100%. State v. Carl Bond, No. W2011-02518-CCA-R3-CD, 2013 WL 772780, *1 (Tenn. Crim. App. Feb. 27, 2013) perm. app. denied (Tenn. Aug. 14, 2013). On February 27, 2013, his conviction was affirmed by this Court on direct appeal, and the Tennessee Supreme Court denied his application for permission to appeal on August 14, 2013. Id. The petitioner filed his pro se petition for post-conviction relief on July 22, 2015, well over a year after the final decision by the highest appellate court from which the petitioner sought relief, arguing in part, counsel was ineffective on numerous grounds and prosecutorial misconduct. 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 alleges trial counsel provided ineffective assistance because he failed to make an offer of proof concerning the petitioner's potential testimony during a hearing determining the admissibility of the petitioner's prior criminal convictions. 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.