Randall Turner v. State of Tennessee

Pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals, the State of Tennessee moves the court to summarily affirm the Hamilton County Criminal Court’s summary dismissal of the petitioner’s 2010 “Motion to Vacate Convictions.” In the motion, the petitioner, Randall Turner, challenged his 2001 guilty-pleaded convictions of aggravated kidnapping,  aggravated robbery, and first degree murder that culminated in an effective sentence of life without the possibility of parole. Because the “Motion to Vacate Convictions” appears in substance to be a proceeding brought pursuant to the Post-Conviction Procedure Act and because the Act requires such a proceeding to be brought within one year of the final action in the proceeding, the petitioner’s motion is untimely by several years. Accordingly, we grant the State’s Rule 20 motion and affirm the order of the criminal court.