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Post-Conviction Archives

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

Post-Conviction Relief is Not Available for Expunged Charges

In Tennessee, a person who has pled guilty to a crime may seek post-conviction relief from that judgment of conviction, within one year of the judgment becoming final. In the recent case of Rodriguez v. State, M2011-01485-CCA-R3-PC (Tenn.Crim.App. 1-7-2013), the Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

Post-Conviction Relief is Not Available for Expunged Charges

In Tennessee, a person who has pled guilty to a crime may seek post-conviction relief from that judgment of conviction, within one year of the judgment becoming final. In the recent case of Rodriguez v. State, M2011-01485-CCA-R3-PC (Tenn.Crim.App. 1-7-2013), the Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

Post-Conviction Relief is Not Available for Expunged Charges

In Tennessee, a person who has pled guilty to a crime may seek post-conviction relief from that judgment of conviction, within one year of the judgment becoming final. In the recent case of Rodriguez v. State, M2011-01485-CCA-R3-PC (Tenn.Crim.App. 1-7-2013), the Tennessee Court of Criminal Appeals considered whether the guilty plea must result in an actual conviction before post-conviction relief is available. The majority of the panel concluded that where no conviction exists, there is no claim for post-conviction relief.

Underage Consumption Conviction Overturned

Post-conviction relief from a plea agreement is uncommon in Tennessee criminal law practice. Post-conviction relief from a misdemeanor plea to underage consumption is all the more rare. It was granted by the Court of Criminal Appeals in the recent case of State v. Word, M2011-00082-CCA-R3-PC (Tenn.Crim,.App. 7-18-2011).

Underage Consumption Conviction Overturned

Post-conviction relief from a plea agreement is uncommon in Tennessee criminal law practice. Post-conviction relief from a misdemeanor plea to underage consumption is all the more rare. It was granted by the Court of Criminal Appeals in the recent case of State v. Word, M2011-00082-CCA-R3-PC (Tenn.Crim,.App. 7-18-2011).

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