Arnold Carter v. State of Tennessee

Case Number
03-S-01-9612-CR-00117

We granted the State's application in this case to determine whether the Post-Conviction Procedure Act of 1995 (“the new Act”), provides to petitioners for whom the statute of limitations had expired under the old Act additional time in which to file petitions for post-conviction relief. We conclude that although the language of the new Act is ambiguous, the legislative intent is clear: petitioners for whom the statute of limitations expired prior to the effective date of the new Act, i.e., May 10, 1995, do not have an additional year in which to file petitions for post-conviction relief. Thus, the petition filed by Arnold Carter is barred by the statute of limitations. The judgment of the Court of Criminal Appeals is reversed, and the petition is dismissed.

Authoring Judge
Justice Adolpha A Birch, Jr.
Originating Judge
Judge R. Steven Bibb
Case Name
Arnold Carter v. State of Tennessee
Date Filed
Dissent or Concur
No
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