Jason Lee White A/K/A/ Jason Broadnax v. State of Tennessee

Petitioner, Jason Lee White, appeals the post-conviction court's dismissal of his petition for post-conviction relief. Petitioner pled guilty in September of 1996 to two counts of aggravated robbery and one count of attempted aggravated robbery. As a result, he was sentenced to an effective sentence of twenty-three and one-half years. On May 19, 2008, Petitioner filed a petition for post-conviction relief. Petitioner filed a supplemental petition for post-conviction relief on September 8, 2008. The post-conviction court dismissed the petition on September 24, 2008, holding that "Blakely violations do not apply retroactively to cases on collateral appeal." Petitioner then filed a "Motion/petition to Vacate Final Order and Judgment" on April 20, 2009, and a notice of appeal on May 11, 2009. We determine that the petition for post-conviction relief was properly dismissed because it was time-barred and Petitioner failed to show that the statute of limitations should be tolled. Accordingly, the judgment of the post-conviction court is affirmed.