Daniel Wade Wilson v. State of Tennessee

The petitioner, Daniel Wade Wilson, appeals the Sullivan County Criminal Court’s denial of his petition for post-conviction relief from his convictions for first degree felony murder, second degree murder, and especially aggravated robbery and resulting effective sentence of life in confinement. On appeal, he contends that he is entitled to post-conviction relief because his confession to police was coerced and because he received the ineffective assistance of counsel. The State argues that the post-conviction court erred by determining that the one-year statute of limitations for filing the post-conviction petition was tolled and, therefore, that the petition is time-barred. Based upon the record and the parties’ briefs, we agree with the State that the statute of limitations was not tolled in this case because trial counsel did not mislead the petitioner regarding the status of his appeal to the Tennessee Supreme Court. Therefore, the appeal is dismissed.