Section 40-30-202 - Commission created - Role

1 Analyses of this statute by attorneys

  1. Capital Defense Weekly, September 9, 2002

    Capital Defense NewsletterSeptember 9, 2002

    Distinguishing a judicial extension or alteration of the legislative act from equitable tolling for due process purposes, the Court remanded for a factual determination in the trial court, saying:We emphasize that under no circumstances are we allowing a petitioner to file anuntimelyapplication for permission to appeal with the belief that the one-year statute conviction would commence upon this Court's dismissal of that untimely application. As the dissent aptly states, "filing an untimely application for permission to appeal to this Court does not constitute 'an appeal' as that term is used in Tennessee Code Annotated § 40-30-202(a) and therefore does not delay commencement of the one-year post-conviction statute of limitations. Indeed, in this case, the statute of limitations began to run . . . when the Court of Criminal Appeals affirmed Williams's conviction.