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Davis v. State

Court of Criminal Appeals of Tennessee, Jackson

May 16, 2018

STEVEN DAVIS
v.
STATE OF TENNESSEE

          Assigned on Briefs March 13, 2018

          Appeal from the Criminal Court for Shelby County No. 11-04842 Chris Craft, Judge.

         The 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.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed.

          Steven 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.

          Alan E. Glenn, J., delivered the opinion of the court, in which James Curwood Witt, Jr., and Timothy L. Easter, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         The 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.

         The 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.

         The post-conviction court found that the petition was time-barred as follows:

[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 ...

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