Collier v. State

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
APRIL, 1998 SESSION
EARL E. COLLIER, ) C.C.A. NO. 03C01-9709-CR-00388
Appe llant,
)
)
)
FILED
) KNOX COUNTY October 13, 1998
VS. )
) Cecil Crowson, Jr.
RAY L. JENKINS JUDGE
Appellate C ourt Clerk
STATE OF TENNESSEE, )
)
Appellee. ) (Post Conviction)
FOR THE APPELLANT: FOR THE APPELLEE:
Albert J. New man, Jr. John Knox Walkup
Suite 500 Burwell Bldg. Attorney General and Reporter
602 South Gay Street
Knoxville, Tennessee 37902 Janis L. Turner
Coun sel for the S tate
Criminal Justice Division
Cordell Hull Bldg. Second Floor
425 Fifth Avenu e, North
Nashville, Tennessee 37243-0493
Ran dall E. N ichols
District Attorney General
City-County Building
Knoxville, TN 37902
ORDER FILED ________________________
AFFIRMED PURSU ANT TO RU LE 20
JERRY L. SMITH, JUDGE
ORDER
The Appellant filed the instant appeal to preserve his rights to post-
conviction relief in the event the Te nnessee Suprem e Court were to rule that the
case of State v. Anthony, 817 S.W.2d 299 (Tenn. 1991), announced a new
constitutional rule which requires retroactive application. In fact our Supreme
Court has no w held tha t Anthony did not announce a new constitutional rule.
Moore v. State, 943 S.W.2d 878 (Tenn. 1997). The Appellant now acknowledges
that his petition for post-conviction relief is time-barred and that the trial court was
correct in dismissing it. The State agrees.
According ly, the judgment of the trial court is AFF IRME D pur suan t to Ru le
20, Rules of the Court of C rimina l Appe als. It ap pearin g that th e App ellant is
indigent costs of the appeal will be paid by the State.
PER CURIAM
SMITH, SUMMERS, HAYES
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