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.

Foley v. State

Court of Criminal Appeals of Tennessee, Nashville

November 1, 2017

MATTHEW B. FOLEY
v.
STATE OF TENNESSEE

          Session September 12, 2017

         Appeal from the Circuit Court for Rutherford County No. F-52128 David M. Bragg, Judge.

         Matthew B. Foley, the Petitioner, filed a petition for post-conviction relief thirteen years after he entered a guilty plea; he argued that the statute of limitations should be tolled on due process grounds and that the State had breached a material element of his plea agreement. The post-conviction court summarily dismissed the petition on the ground that the statute of limitations should not be tolled. On appeal, this court held that the statute of limitations should be tolled based on due process grounds and remanded the case for an evidentiary hearing on the merits. Matthew B. Foley v. State, No. M2015-00311-CCA-R3-PC, 2016 WL 245857, at *8 (Tenn. Crim. App. Jan. 20, 2016), no perm. app. filed. On remand, the post-conviction court again denied relief on the ground that the statute of limitations should not be tolled based on due process. We again reverse and remand this case for an evidentiary hearing on the merits of the post-conviction relief petition.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Reversed and Remanded.

          Wesley B. Clark, Nashville, Tennessee, for the appellant, Matthew Benjamin Foley.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Jennings H. Jones, District Attorney General; and Hugh Ammerman, Assistant District Attorney General, for the appellee, State of Tennessee.

          Robert L. Holloway, Jr., J., delivered the opinion of the court, in which John Everett Williams and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          ROBERT L. HOLLOWAY, JR., JUDGE.

         I. Factual and Procedural Background

         On February 28, 2002, Matthew B. Foley, the Petitioner, who was fifteen years of age at the time of the offense, entered a negotiated plea of guilty to a reduced charge of facilitation of especially aggravated kidnapping.[1] At that time, facilitation of especially aggravated kidnapping was not listed as an offense requiring registration under the Sexual Offender Registration Act (the Act), and at the plea submission hearing the State noted that it was of "major benefit" to the Petitioner to plea to this offense because he would not be required to register as a sex offender. The trial court stated that the Petitioner would "be required to follow the requirements for a sex offender, although [he was] not going to be officially a sex offender."

         On June 22, 2002, the Act was amended to add facilitation of especially aggravated kidnapping as a sexual offense requiring registration; on July 1, 2004, the Act was again amended to remove facilitation of especially aggravated kidnapping from the Act. In the fall of 2011, while the Petitioner was incarcerated in a state prison serving the remainder of his sentence for especially aggravated kidnapping after violating his probation, he was informed that he needed to register as a sex offender. The Petitioner refused and was arrested upon his release from state prison. However, when the Petitioner was able to show through counsel that he was not statutorily required to register as a sex offender, the State dismissed the charge on April 3, 2012. In May 2012, Detective Jennifer West of the Murfreesboro Police Department told the Petitioner that he was required to register. The Petitioner told Detective West that he was not required to register, however, on May 25, 2012, he signed a Tennessee Bureau of Investigation Sexual Offender Instructions Form and began reporting to Detective West. Again, at this time, the Petitioner was not required to register under the statute. On July 1, 2012, the Act was again amended to add facilitation of especially aggravated kidnapping as a sexual offense requiring registration. On September 10, 2012, the Petitioner was again arrested for violation of the sex offender registry. He again hired private counsel who, on August 19, 2013, was successful in having the charge retired. In 2014, the Petitioner was again arrested for violating the terms of the registry; he later pled no contest to two counts of violating the registry.

         Post-Conviction Proceedings

         The Petitioner filed a petition for post-conviction relief on January 7, 2015. In his petition, the Petitioner alleged that "[b]y modifying the Sex Offender Registration Act to include the offense of Facilitation of Especially Aggravated Kidnapping and forcing [the] Petitioner to comply with the sex offender registry, the State of Tennessee ha[d] effectively violated a material condition of the plea agreement entered on February 28, 2002." Additionally, the Petitioner alleged that the State of Tennessee "violated [the Petitioner's] Due Process rights under the 5th and 14th amendments to the U.S. Constitution and Article I, § 8 of the Tennessee Constitution, and rendering [the] Petitioner's guilty plea involuntary."

         The post-conviction court summarily denied the post-conviction relief petition, finding that the petition was barred by the one-year statute of limitations. The Petitioner appealed, and this court reversed and remanded for "an evidentiary hearing in which to present proof as to his post-conviction grounds for relief." Matthew ...


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.