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Carter v. State

Citations

  • 952 S.W.2d 417
  • 1997 Tenn. LEXIS 435
  • 1997 WL 547563

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the 1995 Post- Conviction Procedure Act did not revive claims barred by the previous statute of limitations
  • holding that the 1995 Post- Conviction Procedure Act did not create a one year window in which previously barred claims could be raised
  • holding petitioners for whom statute of limitations had expired under the old Act did not have additional time to file under the new Act
  • describing this portion of the legislation at issue as the “enabling provision of the Act in question” and noting that “[a]ccording to standard practice, this provision was not published with the rest of the statute in the Tennessee Code Annotated.”
  • petitioners for whom three-year statute of limitations expired prior to enactment of one year statute of limitations do not have right to bring post-conviction claim within one year of enactment
  • the 1995 Post-Conviction Act does not extend the limitations period for those petitioners for whom the statute of limitations expired prior to the effective date of the new Act, i.e., May 10, 1995

Source: CourtListener parenthetical corpus (CC0).

Judges: Birch, Anderson, Drowota, Reid, Holder

Read full opinion on CourtListener

Cited by

131 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

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