The Defendant, Robert Riggs, was convicted by a jury of three counts of misapplication of contract funds. His convictions were affirmed by this Court on direct appeal. See State v. Robert B. Riggs, No. E2000-01983-CCA-R3-CD, 2002 WL 1364031 (Tenn. Crim. App., Knoxville, June 25, 2002). The Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Defendant subsequently filed a pro se petition for post-conviction relief, while he remained incarcerated. The State responded by filing a motion to dismiss on the grounds that the petition had been filed outside the statute of limitations. The Defendant contested the State's motion but the trial court granted it without a hearing. The Defendant now appeals the summary dismissal of his petition for post-conviction relief. We reverse the trial court's ruling and remand this matter for an evidentiary hearing on the timeliness of the Defendant's petition.
Case Number
E2004-02233-CCA-R3-PC
Originating Judge
Judge Richard R. Vance
Case Name
Robert Riggs v. State of Tennessee
Date Filed
Dissent or Concur
No
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