William David Clapp v. State of Tennessee

Court of Criminal Appeals of Tennessee

William David Clapp v. State of Tennessee

CourtCourt of Criminal Appeals of Tennessee

DecidedOctober 1, 1997

Docket03C01-9605-CC-00193

StatusPublished

This text of William David Clapp v. State of Tennessee (William David Clapp v. State of Tennessee) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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William David Clapp v. State of Tennessee, (Tenn. Ct. App. 1997).

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Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED JUNE 1997 SESSION October 1, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk WILLIAM DAVID CLAPP, ) ) Appellant, ) No. 03C01-9605-CC-00193 ) ) Sullivan County v. ) ) Honorable Frank L. Slaughter, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

For the Appellant: For the Appellee:

William David Clapp, Pro Se Charles W. Burson Reg. No. 04405-084 Attorney General of Tennessee P.O. Box 4000 Knox-A and Manchester, KY 40962-4000 Sarah M. Branch (AT TRIAL & ON APPEAL) Assistant Attorney General of Tennessee 450 James Robertson Parkway Kenneth F. Irvine, Jr. Nashville, TN 37243-0493 606 W. Main Street, Suite 350 P.O. Box 84 H. Greeley Welles, Jr. Knoxville, TN 37901-0084 District Attorney General (ON APPEAL) and Barry P. Staubus Assistant District Attorney General P.O. Box 526 Blountville, TN 37617-0526

OPINION FILED:____________________

AFFIRMED

Joseph M. Tipton Judge OPINION

The petitioner, William David Clapp, appeals as of right from the Sullivan

County Criminal Court’s dismissal of his petition for post-conviction relief. The trial

court dismissed the petition, concluding that it was barred by the statute of limitations.

We affirm the judgment of the trial court.

The petitioner collaterally challenges convictions he received in 1978 and

1980 as the result of guilty pleas. He filed the present petition for post-conviction relief

March 4, 1996. He argues that his petition was filed timely under the 1995 Post-

Conviction Procedure Act. However, in Arnold Carter v. State, No. 03-S-01-9612-CR-

00117, Monroe County (Tenn. Sept. 8, 1997) (for publication), our supreme court held

that the 1995 Act did not reinstate a filing period for post-conviction cases relative to

convictions for which the former three-year post-conviction statute of limitations had

already run. The judgment of the trial court is affirmed.

Joseph M. Tipton, Judge

CONCUR:

John H. Peay, Judge

Curwood Witt, Judge

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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED JUNE 1997 SESSION October 1, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk WILLIAM DAVID CLAPP, ) ) Appellant, ) No. 03C01-9605-CC-00193 ) ) Sullivan County v. ) ) Honorable Frank L. Slaughter, Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

For the Appellant: For the Appellee:

William David Clapp, Pro Se Charles W. Burson Reg. No. 04405-084 Attorney General of Tennessee P.O. Box 4000 Knox-A and Manchester, KY 40962-4000 Sarah M. Branch (AT TRIAL & ON APPEAL) Assistant Attorney General of Tennessee 450 James Robertson Parkway Kenneth F. Irvine, Jr. Nashville, TN 37243-0493 606 W. Main Street, Suite 350 P.O. Box 84 H. Greeley Welles, Jr. Knoxville, TN 37901-0084 District Attorney General (ON APPEAL) and Barry P. Staubus Assistant District Attorney General P.O. Box 526 Blountville, TN 37617-0526

OPINION FILED:____________________

AFFIRMED

Joseph M. Tipton Judge OPINION

The petitioner, William David Clapp, appeals as of right from the Sullivan

County Criminal Court’s dismissal of his petition for post-conviction relief. The trial

court dismissed the petition, concluding that it was barred by the statute of limitations.

We affirm the judgment of the trial court.

The petitioner collaterally challenges convictions he received in 1978 and

1980 as the result of guilty pleas. He filed the present petition for post-conviction relief

March 4, 1996. He argues that his petition was filed timely under the 1995 Post-

Conviction Procedure Act. However, in Arnold Carter v. State, No. 03-S-01-9612-CR-

00117, Monroe County (Tenn. Sept. 8, 1997) (for publication), our supreme court held

that the 1995 Act did not reinstate a filing period for post-conviction cases relative to

convictions for which the former three-year post-conviction statute of limitations had

already run. The judgment of the trial court is affirmed.

Joseph M. Tipton, Judge

CONCUR:

John H. Peay, Judge

Curwood Witt, Judge

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