Williams v. State

12 Citing cases

  1. Lowe v. State

    No. M2022-01490-CCA-R3-PC (Tenn. Crim. App. Jun. 7, 2024)   Cited 1 times

    So, to succeed, a petitioner must provide sufficient facts that prove one of these limited circumstances affected the filing of his or her post-conviction petition. Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied (Tenn. Oct. 18, 2011). To comply with due process, postconviction petitioners must be afforded an opportunity to seek post-conviction relief "at a meaningful time and in a meaningful manner."

  2. Dorsett v. State

    No. M2023-00918-CCA-R3-PC (Tenn. Crim. App. Apr. 4, 2024)

    So, to succeed, a petitioner must provide sufficient facts that prove one of these limited circumstances affected the filing of his post-conviction petition. Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied, (Tenn. Oct. 18, 2011). Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed.

  3. Gregoire v. State

    No. M2023-00715-CCA-R3-PC (Tenn. Ct. App. Dec. 19, 2023)

    Thus, in order to succeed, a petitioner must provide sufficient facts which prove one of these limited circumstances affected the filing of his post-conviction petition. Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied, (Tenn. Oct. 18, 2011)

  4. Robinson v. State

    No. W2022-01408-CCA-R3-PC (Tenn. Crim. App. Sep. 20, 2023)

    Thus, in order to succeed, a petitioner must provide sufficient facts which prove one of these limited circumstances affected the filing of his post-conviction petition. Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011),perm. app. denied, (Tenn. Oct. 18, 2011). Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed.

  5. Dennis v. State

    No. M2019-00237-CCA-R3-PC (Tenn. Crim. App. Jul. 20, 2020)

    Thus, in order to succeed, a petitioner must provide sufficient facts which prove one of these limited circumstances affected the filing of his post-conviction petition. Eddie Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App., at Jackson, June 9, 2011), perm. app. denied (Tenn. Oct. 18, 2011). Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed.

  6. Wooten v. State

    No. W2019-01228-CCA-R3-PC (Tenn. Crim. App. Mar. 26, 2020)   Cited 3 times
    Involving a petitioner who claimed lack of access to the prison library, that the prison was on lockdown, and that he had not received necessary "paperwork"

    Thus, in order to succeed, a petitioner must provide sufficient facts which prove one of these limited circumstances affected the filing of his post-conviction petition. Eddie Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied, (Tenn. Oct. 18, 2011). Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed.

  7. Townsend v. State

    No. W2017-01667-CCA-R3-PC (Tenn. Crim. App. Jul. 12, 2018)

    Thus, in order to succeed, a petitioner must provide sufficient facts which prove one of these limited circumstances affected the filing of his post-conviction petition. Eddie Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied, (Tenn. Oct. 18, 2011).

  8. Bell v. State

    No. W2016-01709-CCA-R3-PC (Tenn. Crim. App. Dec. 5, 2017)   Cited 1 times
    Determining that, because the Tennessee Supreme Court considered and denied on the merits the petitioner's untimely application for permission to appeal, the supreme court's order constituted "the date of the final action of the highest state appellate court to which an appeal [was] taken" and that the petitioner had one year from the date of the supreme court's order to file a petition for post-conviction relief

    Tenn. Code Ann. ยง 40-30-104. Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed. Eddie Williams v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011), perm. app. denied, (Tenn. Oct. 18, 2011).

  9. Heath v. State

    No. W2016-00786-CCA-R3-PC (Tenn. Crim. App. Sep. 5, 2017)   Cited 1 times
    Applying the test from Reid ex rel. Martiniano to determine that the petitioner failed to establish the need for due process tolling of the post-conviction statute of limitations based on his alleged mental incompetence

    Edward Hood, Jr. v. State, No. W2016-01998-CCA-R3-PC, 2017 WL 2482991, at *6 (Tenn. Crim. App. June 7, 2017) (citing Eddie Williams, Jr. v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011)), no perm. app. filed. Motion to Vacate

  10. Hood v. State

    No. W2016-01998-CCA-R3-PC (Tenn. Crim. App. Jun. 7, 2017)   Cited 4 times

    2013) (internal quotations omitted). Absent sufficient facts establishing a petitioner is entitled to due process tolling, an untimely petition must be dismissed. Eddie Williams, Jr. v. State, No. W2011-00202-CCA-R3-PC, 2011 WL 2410364, at *1-2 (Tenn. Crim. App. June 9, 2011). Here, the record shows that the statute of limitations for the petitioner's post-conviction claim expired on April 14, 2012, and his petition was not filed until July 15, 2014.