State v. Shedrick Carruthers ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JANUARY 1998 SESSION FILED
January 8, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
SHEDRICK CARRUTHERS, )
)
Appellant, ) C. C. A. NO. 02C01-9703-CR-00112
)
vs. ) SHELBY COUNTY
)
STATE OF TENNESSEE, ) Honorable John P. Colton, Judge
)
Appellee. ) (Post-Conviction: Aggravated Rape)
FOR THE APPELLANT: FOR THE APPELLEE:
Shedrick Carruthers, Pro Se John Knox Walkup
N.E.C.C. ANNEX Attorney General & Reporter
P.O. Box 5000
Mountain City, 37683-5000 Clinton J. Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Alanda Horne
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
OPINION FILED: _____________________
AFFIRMED
PAUL G. SUMMERS,
Judge
OPINION
This case represents an appeal from the dismissal of the petitioner’s
petition for post-conviction relief. On May 10, 1990, the petitioner pled guilty to
aggravated rape and was sentenced to seventeen years imprisonment. No
appeal was taken. On January 28, 1997, the petitioner filed a petition for post-
conviction relief alleging an invalid indictment. Finding that the statute of
limitations had expired, the trial court dismissed the petition without a hearing.
Pursuant to T.C.A. § 40-30-202(a), a person in custody under a sentence
of a court of this state must petition for post-conviction relief within one year of
the date of the final action of the highest state appellate court to which an appeal
is taken or, if no appeal is taken, within one year of the date on which judgment
became final. The Post-Conviction Procedure Act provides several limited
exceptions to the one-year statute of limitations, however none of them are
applicable to the present case. See § 40-30-202(b). Judgment in this case
became final on May 10, 1990, and the petitioner did not file his petition for post-
conviction relief until January 28, 1997. Accordingly, his petition is clearly barred
by the statute of limitations.
We conclude, therefore, that the trial court did not err in dismissing the
petitioner’s petition for post-conviction relief. Accordingly, it is hereby ORDERED
that the judgment of the trial court is affirmed in accordance with Rule 20, Rules
of the Court of Criminal Appeals.
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________________________________
PAUL G. SUMMERS, JUDGE
CONCUR:
_________________________________
DAVID G. HAYES, JUDGE
_________________________________
JOE G. RILEY, JUDGE
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