State v. Shedrick Carruthers

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 1, 2010
• Docket: 02C01-9703-CR-00112
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

JANUARY 1998 SESSION FILED January 8, 1998

Cecil Crowson, Jr. Appellate C ourt Clerk SHEDRICK CARRUTHERS, ) ) Appellant, ) C. C. A. NO. 02C01-9703-CR-00112 ) vs. ) SHELBY COUNTY ) STATE OF TENNESSEE, ) Honorable John P. Colton, Judge ) Appellee. ) (Post-Conviction: Aggravated Rape)

FOR THE APPELLANT: FOR THE APPELLEE:

Shedrick Carruthers, Pro Se John Knox Walkup N.E.C.C. ANNEX Attorney General & Reporter P.O. Box 5000 Mountain City, 37683-5000 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493

William L. Gibbons District Attorney General

Alanda Horne Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103

OPINION FILED: _____________________

AFFIRMED

PAUL G. SUMMERS, Judge OPINION

This case represents an appeal from the dismissal of the petitioner’s

petition for post-conviction relief. On May 10, 1990, the petitioner pled guilty to

aggravated rape and was sentenced to seventeen years imprisonment. No

appeal was taken. On January 28, 1997, the petitioner filed a petition for post-

conviction relief alleging an invalid indictment. Finding that the statute of

limitations had expired, the trial court dismissed the petition without a hearing.

Pursuant to T.C.A. § 40-30-202(a), a person in custody under a sentence

of a court of this state must petition for post-conviction relief within one year of

the date of the final action of the highest state appellate court to which an appeal

is taken or, if no appeal is taken, within one year of the date on which judgment

became final. The Post-Conviction Procedure Act provides several limited

exceptions to the one-year statute of limitations, however none of them are

applicable to the present case. See § 40-30-202(b). Judgment in this case

became final on May 10, 1990, and the petitioner did not file his petition for post-

conviction relief until January 28, 1997. Accordingly, his petition is clearly barred

by the statute of limitations.

We conclude, therefore, that the trial court did not err in dismissing the

petitioner’s petition for post-conviction relief. Accordingly, it is hereby ORDERED

that the judgment of the trial court is affirmed in accordance with Rule 20, Rules

of the Court of Criminal Appeals.

2 ________________________________ PAUL G. SUMMERS, JUDGE

CONCUR:

_________________________________ DAVID G. HAYES, JUDGE

_________________________________ JOE G. RILEY, JUDGE