Harlen Roy L. Zirker v. State of Tennessee

A Davidson County jury convicted the Petitioner, Harlen Roy Lamont Zirker, of two counts of rape of a child and four counts of aggravated sexual battery, for which he was sentenced to a total, effective sentence of seventy-two years to be served at 100%. The petitioner appealed, and this Court affirmed his convictions and sentence. State v. Harlen Roy L. Zirker, aka Anthony Lamont Zirker, No. M2003-02546-CCA-CCA-R3-CD, 2005 WL 1122646 at *1, *16 (Tenn. Crim. App. May 12, 2005), perm. app. denied (Tenn. Oct. 31, 2005). Subsequently the petitioner filed a petition for post-conviction relief and two amended petitions thereafter, which he then voluntarily dismissed. Shortly after the dismissal, the petitioner filed a second petition for post-conviction relief, which the post conviction court summarily dismissed because it was the petitioner's second such petition and because it was untimely. The petitioner now appeals the summary dismissal of his second petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.