James Fitz v. State of Tennessee

Petitioner, James Fitz, pleaded guilty to first degree murder, attempted rape, especially aggravated kidnapping, and theft of property valued over $1,000 but under $10,000. He received an effective sentence of life imprisonment. Subsequently, he filed a petition for post-conviction relief, which he later withdrew. More than four years after his guilty plea, petitioner filed a second petition for post-conviction relief. The trial court summarily dismissed the petition as untimely and alternatively as a failed motion to re-open post-conviction proceedings. Following our review, we conclude that petitioner’s notice of appeal was not timely and dismiss his appeal.