Daniel Lee Draper v. State of Tennessee - Concurring

Court of Criminal Appeals of Tennessee

Daniel Lee Draper v. State of Tennessee - Concurring

Court of Criminal Appeals of Tennessee·Decided December 21, 2010·No. E2009-00952-CCA-R3-PC·Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs February 23, 2010

DANIEL LEE DRAPER v. STATE OF TENNESSEE

Appeal from the Circuit Court for Sullivan County No. S45,106 R. Jerry Beck, Judge

No. E2009-00952-CCA-R3-PC - Filed December 21, 2010

JOSEPH M. TIPTON, P.J., concurring.

I concur with the results reached in the majority opinion. I respectfully disagree with the majority view of the timeliness of the petition for a writ of error coram nobis. I do not believe the Petitioner’s mistaken filing of a second post-conviction petition, not provided by law, tolled the time within which a coram nobis petition was to be filed. The Petitioner’s ignorance of the proper action to take does not warrant a due process tolling of the statute of limitations in this case.

____________________________________ JOSEPH M. TIPTON, PRESIDING JUDGE

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE Assigned on Briefs February 23, 2010

DANIEL LEE DRAPER v. STATE OF TENNESSEE

Appeal from the Circuit Court for Sullivan County No. S45,106 R. Jerry Beck, Judge

No. E2009-00952-CCA-R3-PC - Filed December 21, 2010

JOSEPH M. TIPTON, P.J., concurring.

I concur with the results reached in the majority opinion. I respectfully disagree with the majority view of the timeliness of the petition for a writ of error coram nobis. I do not believe the Petitioner’s mistaken filing of a second post-conviction petition, not provided by law, tolled the time within which a coram nobis petition was to be filed. The Petitioner’s ignorance of the proper action to take does not warrant a due process tolling of the statute of limitations in this case.

____________________________________ JOSEPH M. TIPTON, PRESIDING JUDGE

Daniel Lee Draper v. State of Tennessee - Concurring, (Tenn. Ct. App. 2010).

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