Collier v. State

Opinion

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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