State of Tennessee v. Billy Joe Harris

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

JANUARY 1997 SESSION FILED March 26, 2008

Cecil Crowson, Jr. Appellate Court Clerk STATE OF TENNESSEE, ) ) APPELLEE, ) ) No. 02-C-01-9508-CC-00236 ) ) Obion County v. ) ) William B. Acree, Jr., Judge ) ) (Motion for New Trial) BILLY JOE HARRIS, ) ) APPELLANT. )

FOR THE APPELLANT: FOR THE APPELLEE:

Billy Joe Harris, Pro Se Charles W. Burson Register Number 127709 Attorney General & Reporter Route 1, Box 330 500 Charlotte Avenue Tiptonville, TN 38079-9775 Nashville, TN 37243-0497

Janis L. Turner Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493

Thomas A. Thomas District Attorney General 414 South Fourth Union City, TN 38281-0218

James T. Cannon Assistant District Attorney General 414 South Fourth Union City, TN 38281-0218

OPINION FILED:______________________________________

AFFIRMED

Joe B. Jones, Presiding Judge

OPINION The appellant, Billy Joe Harris, appeals as of right from a judgment of the trial court

summarily dismissing his motion for a new trial. The appellant claimed he was entitled to

a new trial due to newly discovered evidence. The trial court found the motion was not

timely filed pursuant to the Tennessee Rules of Criminal Procedure.

The appellant was tried and convicted on April 27, 1989. His motion for a new trial

was denied. This Court affirmed his conviction and sentence, and the Supreme Court also

affirmed the sentence. He subsequently instituted four suits for post-conviction relief. All

four suits were denied at every stage of the proceedings. The present motion was filed

June 26, 1995 as a separate action.

After a thorough review of the record, the briefs of the parties, and the law governing

the issue presented for review, it is the opinion of this Court the judgment of the trial court

should be affirmed.

________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAYES, JUDGE