State v. Shannon Young

• Court: Court of Criminal Appeals of Tennessee
• Decided: March 11, 1998
• Docket: 02C01-9704-CR-00144
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

FEBRUARY 1998 SESSION FILED March 11, 1998 SHANNON YOUNG, ) Cecil Crowson, Jr. ) Appellate C ourt Clerk APPELLANT, ) ) No. 02-C-01-9704-CR-00144 ) ) Shelby County v. ) ) Joseph B. Dailey, Judge ) ) (Post-Conviction Relief) STATE OF TENNESSEE, ) ) APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE:

Robert C. Brooks John Knox Walkup Attorney at Law Attorney General & Reporter 707 Adams Avenue 425 Fifth Avenue, North Memphis, TN 38105 Nashville, TN 37243-0493

Kenneth W. Rucker Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493

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

James M. Lammey Assistant District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED:________________________________

AFFIRMED

Joe B. Jones, Presiding Judge OPINION

The appellant, Shannon Young1 (petitioner), appeals as of right from a judgment of

the trial court dismissing his post-conviction action. He contends he was denied his

constitutional right to the effective assistance of counsel because the lawyer who

represented the petitioner in the earlier post-conviction action failed to seek permission to

appeal this court’s opinion pursuant to Rule 11, Tennessee Rules of Appellate Procedure.

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

governing the issue presented for review, it is the opinion of this court that the judgment

of the trial court should be affirmed.

The petitioner was convicted when he pled guilty and was sentenced pursuant to

the terms of a plea agreement. No appeal was taken following the entry of the judgment

of conviction. Subsequently, the petitioner filed an action for post-conviction relief. The

trial court denied the relief. This court affirmed the judgment of the trial court. The opinion

and judgment of this court was filed February 2, 1994. Counsel did not file an application

for permission to appeal to the Supreme Court pursuant to Rule 11, Tennessee Rules of

Appellate Procedure.

In this case, the petitioner’s second action for post-conviction, it is alleged:

Petitioner was denied his right to an appeal as of right from the trial court’s decision to the Tennessee Supreme Court, due process of law and effective assistance of counsel on appeal from the trial court’s decision on petitioner’s petition for post conviction relief, in violation of the Sixth and Fourteenth Amendments of the United States Constitution.

The petitioner is not entitled to the relief sought.

The applicable statute, Tenn. Code Ann. § 40-30-213, does not apply to post-

conviction actions. This statute is limited in scope to the denial of the right to appeal or the

failure to file an application for permission to appeal from “the original conviction.” See

Joe Henry Moore v. State, Davidson County No. 01-C-01-9608-CR-00383, 1997 WL

578970 (Tenn. Crim. App., Nashville, September 19, 1997); Darrel D. Hayes v. State,

1 The petitioner’s initial post-conviction case was styled “Shannon Darrell Young v. State.” Shannon Young and Shannon Darrell Young are the same person.

2 Davidson County No. 01-C-01-9604-CR-00163, 1997 WL 537079 (Tenn. Crim. App.,

Nashville, September 2, 1997).

____________________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ JOHN H. PEAY, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE