Monroe Brown v. State

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED MAY SESSION, 1997 January 27, 1998

Cecil W. Crowson MONROE BROWN, ) Appellate Court Clerk C.C.A. NO. 01C01-9607-CR-00305 ) Appe llant, ) ) ) DAVIDSON COUNTY VS. ) ) HON. THOMAS H. SHRIVER STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post Co nviction-Re lief)

FOR THE APPELLANT: FOR THE APPELLEE:

DAVID I. KOMISAR JOHN KNOX WALKUP 211 Printer’s Alley Bldg. Attorney General and Reporter Ste. 400 Nashville, TN 37201-1414 LISA A. NAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243

VICTOR S. JOHNSON District Attorney General

PAM ANDERSON Assistant District Attorney 222 Se cond A venue, N orth Suite 500 Nashville, TN 37243

ORDER FILED ________________________

AFFIRMED PURSU ANT TO RU LE 20

JERRY L. SMITH, JUDGE ORDER

A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of

one count of second degree murder. As a Range II persistent offender, he received a

life sentence in the Tennessee Department of Corrections. In this appeal, Appellant

presents the following issue for review: whether the trial court erred in dismissing

Appellant's petition for post-conviction relief.

After a review of the record, we affirm the judgment of the trial court pursuant to

Court of Criminal Appeals Rule 20.

On March 31, 1987, this Court affirmed Appellant's conviction. State v. Monroe

Brown, No. 86-221-III, Davidson County (Tenn. Crim. App., Nashville, March 31, 1987),

perm. to appeal denied, (Tenn. 1987). On July 3, 1991, Appellant filed his first petition

for post-conviction relief. The trial court dismissed this petition, concluding that the

petition was barred by the statute of limitations. We affirmed the trial court's decision.

Monroe Brown v. State, C.C.A. No. 01C01-9112-CR-00367, Davidson County (Tenn.

Crim. App., Nashville, August 6, 1992), perm. to appeal denied, (Tenn. 1992).

Appellant filed two amended petitions for post-conviction relief on November 17, 1995.

On February 9, 1996, the trial court denied both petitions.

Tennessee law is well-settled in this area. Pursuant to Tenn. Code Ann. § 40-

30-102 (1990, Repl.), the statute of limitations for the filing of a petition for post-

conviction relief began to run on June 8, 1987 and ended three years later on June 8,

1990. Appellant’s contention concerning the reasonable doubt jury instruction allegedly

given in his case does not fall within any rule of law which would toll the running of the

statute of limitations. Moreover, a jury instruction similar to the one about which

Appellant complains was approved by this Court in Pettyjohn v. State, 885 S.W.2d 364,

365 (Tenn. Crim. App. 1994).

-2 - Accordingly, we affirm the trial court's judgment pursuant to Court of Criminal

Appeals Rule 20.

____________________________________ JERRY L. SMITH, JUDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAYES, JUDGE

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