Assigned on Briefs March 13, 2018
from the Criminal Court for Shelby County No. 11-04842 Chris
Petitioner, Steven Davis, appeals the post-conviction
court's dismissal of his petition as time-barred, arguing
that he delivered his petition to the designated employee in
the prison mail room in a timely manner. Following our
review, we affirm the summary dismissal of the petition.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Davis, Whiteville, Tennessee, Pro Se.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Counsel; Amy P. Weirich, District Attorney
General; and Karen Cook, Assistant District Attorney General,
for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
James Curwood Witt, Jr., and Timothy L. Easter, JJ., joined.
E. GLENN, JUDGE.
Petitioner was convicted by a Shelby County Criminal Court
jury of especially aggravated robbery, aggravated robbery,
and aggravated burglary and was sentenced to an effective
term of twenty-six years in the Department of Correction.
State v. Steven Davis, No. W2013-01486-CCA-R3-CD,
2014 WL 4384982, at *1 (Tenn. Crim. App. Sept. 5, 2014),
perm. app. denied (Tenn. Jan. 15, 2015). This court
affirmed the judgment of the trial court on direct appeal,
and the Tennessee Supreme Court denied the Petitioner's
application for permission to appeal. Id.
Petitioner filed a pro se petition for post-conviction relief
wherein he signed a sworn statement averring that he gave his
petition to the appropriate prison official in the mail room
at Hardeman County Correctional Facility on February 9, 2016.
The affidavit of indigency attached to the petition shows
that it was sworn by the Petitioner on September 7, 2017. The
Shelby County court clerk file-stamped the petition with two
dates: September "32, " 2017 and October 2, 2017.
post-conviction court found that the petition was time-barred
[T]he [Petitioner] was tried and convicted by a jury of
Especially Aggravated Robbery, Aggravated Robbery and
Aggravated Burglary on April 19, 2013, and received an
effective sentence of 26 years in the Department of
Correction. His convictions and sentence were affirmed by the
Court of Criminal Appeals in State v. Steven Davis,
No. W2013-01486-CCA-R3-CD (Tenn. Crim. App., Jackson,
September 5, 2014) and application for permission to appeal
to the Tennessee Supreme Court was denied January 15, 2015.
After having examined the technical record, the Court has
determined that the petition for post-conviction relief
stamped "received" by the mail room of the Hardeman
County Correctional Facility on September 28, 2017,
postmarked September 28, 2017 and filed in the Shelby County
Clerk's Office on October 2, 2017, was clearly
mailed/filed more than one year after the last appellate