State v. Michael Gregg/Laird Payne

• Court: Court of Criminal Appeals of Tennessee
• Decided: September 16, 1997
• Docket: 02C01-9611-CR-00394
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

SEPTEMBER 1997 SESSION FILED September 16, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk LAIRD PAYNE, also known as ) MICHAEL GREGG, ) No. 02-C-01-9611-CR-00394 ) APPELLANT, ) Shelby County ) v. ) Bernie Weinman, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE:

Laird Payne, Pro Se John Knox Walkup Northwest Correctional Center Attorney General & Reporter Route 1, Box 660 500 Charlotte Avenue Tiptonville, TN 38079 Nashville, TN 37243-0497

Georgia Blythe Felner Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493

William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

Glen C. Baity Assistant District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED: ____________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Laird Payne, also known as Michael Gregg, (petitioner), appeals as

of right from a judgment of the trial court summarily dismissing his suit for post-conviction

relief. The trial court dismissed the proceeding because it was barred by the statute of

limitations.

The petition states upon its face that the petitioner was convicted of aggravated rape

on February 4, 1987 and sentenced to confinement for sixty (60) years in the Department

of Correction. His appeal as of right to this Court resulted in his conviction and sentence

being affirmed on December 9, 1987. The Supreme Court denied the petitioner’s

application for permission to appeal on April 4, 1988. The petitioner did not file the present

suit until August 12, 1996, more than eight (8) years after the final action of the Supreme

Court.

The petitioner contends the sentence imposed was illegal and he was denied the

effective assistance of counsel. The right to litigate these issues is barred by the statute

of limitations. There is nothing contained in the petition or attached to the petition which

establishes the sentence imposed was illegal.

After a thorough review of the record, the briefs submitted by the parties, and the

law governing the issues presented for review, it is the opinion of this Court that the

judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of

Criminal Appeals.

________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

___________________________________ DAVID H. WELLES, JUDGE

___________________________________ JOE G. RILEY, JUDGE