UGENIO RUBY RUIZ v. STATE OF TENNESSEE

Opinion

11/30/2020

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

Remanded on August 7, 2020

UGENIO RUBY RUIZ v. STATE OF TENNESSEE

Appeal from the Criminal Court for Davidson County No. 2011-C-2109 Steve R. Dozier, Judge

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No. M2019-00062-CCA-R3-PC

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JOHN EVERETT WILLIAMS, P.J., dissenting.

I respectfully dissent from the majority’s opinion granting the delayed appeal based upon the reasoning set forth in my dissenting opinion in this appeal filed on October 2, 2019. I strongly disagree that the Tennessee Supreme Court performed a mere perfunctory or administrative review of the Petitioner’s motion to late-file an application for permission to appeal to which the Petitioner attached his application before denying the Petitioner’s motion. Rather, I conclude that the Tennessee Supreme Court has already reviewed the substantive underlying issues of the appeal in determining not to accept the late-filed appeal in the interest of justice. Accordingly, I would affirm the post-conviction court’s decision to deny the Petitioner delayed appeal, and I would deny a stay of the resolution of the remaining issues raised by the Petitioner.

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JOHN EVERETT WILLIAMS, PRESIDING JUDGE