Opinion
No. M2019-00062-CCA-R3-PC
11-30-2020
UGENIO RUBY RUIZ v. STATE OF TENNESSEE
Appeal from the Criminal Court for Davidson County
No. 2011-C-2109
Steve R. Dozier, Judge , 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.
/s/_________
JOHN EVERETT WILLIAMS, PRESIDING JUDGE