Montez Adams v. State of Tennessee

Syllabus

In 1997, a jury convicted the Petitioner, Montez Adams, of first degree felony murder, especially aggravated burglary, conspiracy to commit especially aggravated burglary, and theft over $500, and he received an effective life sentence. On appeal, this court vacated the conviction for especially aggravated burglary and ordered the entry of a conviction for aggravated burglary and an accompanying ten-year sentence. State v. Montez Antuan Adams, et. al., No. 02C01-9709-CC-00352, 1998 WL 556174, at 1, 2 n.1 (Tenn. Crim. App. Sept. 1, 1998), perm. app. denied (Tenn. Apr. 5, 1999). In the following years, the Petitioner litigated post-judgment motions, including a petition for post-conviction relief. It appears that a new judgment form reflecting the Petitioner's conviction for aggravated burglary rather than especially aggravated burglary was not entered until 2019. Subsequently, the Petitioner filed this instant second petition for post-conviction relief, asserting that the new judgment form reset the statute of limitations with regard to his claims of post-conviction relief. The post-conviction court dismissed the petition, concluding that it was not timely and that the claims had been either previously determined or waived. We conclude that the delayed entry of the corrected judgment, as mandated by this court in 1998, does not permit the Petitioner to relitigate the post-conviction claims raised in his petition. Accordingly, the dismissal is affirmed.