William David Clapp v. State of Tennessee ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED JUNE 1997 SESSION October 1, 1997 Cecil Crowson, Jr. Appellate C ourt Clerk WILLIAM DAVID CLAPP, ) ) Appellant, ) No. 03C01-9605-CC-00193 ) ) Sullivan County v. ) ) Honorable Frank L. Slaughter, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. ) For the Appellant: For the Appellee: William David Clapp, Pro Se Charles W. Burson Reg. No. 04405-084 Attorney General of Tennessee P.O. Box 4000 Knox-A and Manchester, KY 40962-4000 Sarah M. Branch (AT TRIAL & ON APPEAL) Assistant Attorney General of Tennessee 450 James Robertson Parkway Kenneth F. Irvine, Jr. Nashville, TN 37243-0493 606 W. Main Street, Suite 350 P.O. Box 84 H. Greeley Welles, Jr. Knoxville, TN 37901-0084 District Attorney General (ON APPEAL) and Barry P. Staubus Assistant District Attorney General P.O. Box 526 Blountville, TN 37617-0526 OPINION FILED:____________________ AFFIRMED Joseph M. Tipton Judge OPINION The petitioner, William David Clapp, appeals as of right from the Sullivan County Criminal Court’s dismissal of his petition for post-conviction relief. The trial court dismissed the petition, concluding that it was barred by the statute of limitations. We affirm the judgment of the trial court. The petitioner collaterally challenges convictions he received in 1978 and 1980 as the result of guilty pleas. He filed the present petition for post-conviction relief March 4, 1996. He argues that his petition was filed timely under the 1995 Post- Conviction Procedure Act. However, in Arnold Carter v. State, No. 03-S-01-9612-CR- 00117, Monroe County (Tenn. Sept. 8, 1997) (for publication), our supreme court held that the 1995 Act did not reinstate a filing period for post-conviction cases relative to convictions for which the former three-year post-conviction statute of limitations had already run. The judgment of the trial court is affirmed. Joseph M. Tipton, Judge CONCUR: John H. Peay, Judge Curwood Witt, Judge 2