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Ruiz v. State

COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Nov 30, 2020
No. M2019-00062-CCA-R3-PC (Tenn. Crim. App. Nov. 30, 2020)

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


Summaries of

Ruiz v. State

COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE
Nov 30, 2020
No. M2019-00062-CCA-R3-PC (Tenn. Crim. App. Nov. 30, 2020)
Case details for

Ruiz v. State

Case Details

Full title:UGENIO RUBY RUIZ v. STATE OF TENNESSEE

Court:COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

Date published: Nov 30, 2020

Citations

No. M2019-00062-CCA-R3-PC (Tenn. Crim. App. Nov. 30, 2020)