State v. Shannon Young ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
FEBRUARY 1998 SESSION
FILED
March 11, 1998
SHANNON YOUNG, )
Cecil Crowson, Jr.
) Appellate C ourt Clerk
APPELLANT, )
) No. 02-C-01-9704-CR-00144
)
) Shelby County
v. )
) Joseph B. Dailey, Judge
)
) (Post-Conviction Relief)
STATE OF TENNESSEE, )
)
APPELLEE. )
FOR THE APPELLANT: FOR THE APPELLEE:
Robert C. Brooks John Knox Walkup
Attorney at Law Attorney General & Reporter
707 Adams Avenue 425 Fifth Avenue, North
Memphis, TN 38105 Nashville, TN 37243-0493
Kenneth W. Rucker
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
James M. Lammey
Assistant District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
OPINION FILED:________________________________
AFFIRMED
Joe B. Jones, Presiding Judge
OPINION
The appellant, Shannon Young1 (petitioner), appeals as of right from a judgment of
the trial court dismissing his post-conviction action. He contends he was denied his
constitutional right to the effective assistance of counsel because the lawyer who
represented the petitioner in the earlier post-conviction action failed to seek permission to
appeal this court’s opinion pursuant to Rule 11, Tennessee Rules of Appellate Procedure.
After a thorough review of the record, the briefs submitted by the parties, and law
governing the issue presented for review, it is the opinion of this court that the judgment
of the trial court should be affirmed.
The petitioner was convicted when he pled guilty and was sentenced pursuant to
the terms of a plea agreement. No appeal was taken following the entry of the judgment
of conviction. Subsequently, the petitioner filed an action for post-conviction relief. The
trial court denied the relief. This court affirmed the judgment of the trial court. The opinion
and judgment of this court was filed February 2, 1994. Counsel did not file an application
for permission to appeal to the Supreme Court pursuant to Rule 11, Tennessee Rules of
Appellate Procedure.
In this case, the petitioner’s second action for post-conviction, it is alleged:
Petitioner was denied his right to an appeal as of right from the
trial court’s decision to the Tennessee Supreme Court, due
process of law and effective assistance of counsel on appeal
from the trial court’s decision on petitioner’s petition for post
conviction relief, in violation of the Sixth and Fourteenth
Amendments of the United States Constitution.
The petitioner is not entitled to the relief sought.
The applicable statute, Tenn. Code Ann. § 40-30-213, does not apply to post-
conviction actions. This statute is limited in scope to the denial of the right to appeal or the
failure to file an application for permission to appeal from “the original conviction.” See
Joe Henry Moore v. State, Davidson County No. 01-C-01-9608-CR-00383, 1997 WL
578970 (Tenn. Crim. App., Nashville, September 19, 1997); Darrel D. Hayes v. State,
1
The petitioner’s initial post-conviction case was styled “Shannon Darrell Young v.
State.” Shannon Young and Shannon Darrell Young are the same person.
2
Davidson County No. 01-C-01-9604-CR-00163, 1997 WL 537079 (Tenn. Crim. App.,
Nashville, September 2, 1997).
____________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
______________________________________
JOHN H. PEAY, JUDGE
______________________________________
THOMAS T. WOODALL, JUDGE
3