State v. Harris

Full title: STATE OF TENNESSEE, Appellee, v. BILLY JOE HARRIS, Appellant

Court: Court of Criminal Appeals of Tennessee. at Jackson

Date published: Oct 14, 1999

No. 02-C-01-9508-CC-00236 (Tenn. Crim. App. Oct. 14, 1999)

Opinion

No. 02-C-01-9508-CC-00236.

October 14, 1999.

OBION COUNTY, WILLIAM B. ACREE, JR., JUDGE.

For the Appellant:

Billy Joe Harris, Pro Se.

For the Appellee:

Charles W. Burson, Attorney General Reporter, Janis L. Turner, Counsel for the State, Thomas A. Thomas, District Attorney General, James T. Cannon, Assistant District Attorney General.

AFFIRMED.

JONES, Presiding Judge

OPINION

The appellant, Billy Joe Harris, appeals as of right from a judgment of the trial court summarily dismissing his motion for a new trial. The appellant claimed he was entitled to a new trial due to newly discovered evidence. The trial court found the motion was not timely filed pursuant to the Tennessee Rules of Criminal Procedure.

The appellant was tried and convicted on April 27, 1989. His motion for a new trial was denied. This Court affirmed his conviction and sentence, and the Supreme Court also affirmed the sentence. He subsequently instituted four suits for post-conviction relief. All four suits were denied at every stage of the proceedings. The present motion was filed June 26, 1995 as a separate action.

After a thorough review of the record, the briefs of the parties, and the law governing the issue presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed.

_____________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

___________________________________ PAUL G. SUMMERS, JUDGE

___________________________________ DAVID G. HAYES, JUDGE