James Gordon Coons, III vs. State of Tennessee

I concur with the majority opinion. I note, though, that the case upon which the opinion relies to conclude that the statute of limitations may not be raised for the first time on appeal was decided under the former post-conviction procedure act. I am hesitant to say that such a total bar exists under the 1995 Post-Conviction Procedure Act, given the affirmative duty of the trial court to assess the timeliness of the petition regardless of whether it is raised by the state as a defense and the apparent jurisdictional effect of the running of the statute.