Court of Criminal Appeals of Tennessee· 2/3/1995

State v. Phillips

Citations

904 S.W.2d 123
1995 Tenn. Crim. App. LEXIS 64
1995 WL 467909

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 [d]efendant’s petition for post- conviction relief was time-barred, notwithstanding claim that attorney consulted by defendant within statutory period of conviction advised against seeking post-conviction relief
noting that “a petitioner’s personal ignorance of post-conviction procedures … does not toll the running of the statute[] of limitations”
noting “that a petitioner’s ignorance of the existence of the statute of limitation, even when alleged to stem from an attorney’s negligent failure to render advice to the petitioner, does not toll the running of the statute”
“The claims made in the petition, if true, existed and were available to be pursued since the petitioner’s conviction.”
ignorance of post-conviction statute of limitations, even when based upon attorney’s failure to render advice, does not constitute grounds for avoiding limitations bar
failure to comply with the statute of limitations, even when based upon erroneous advice from an attorney, does not provide an exception

Source: CourtListener parenthetical corpus (CC0).

Judges: Tipton, Scott, Peay

Read full opinion on CourtListener

Cited by

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

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.