Oliver J. Higgins v. State of Tennessee

Case Number
W2009-00023-CCA-R3-PC

The petitioner, Oliver J. Higgins, appeals the dismissal of his petition for post-conviction relief as time-barred, arguing that the post-conviction court erred by summarily dismissing the petition without holding an evidentiary hearing or making adequate findings of fact and conclusions of law. The State has responded with a motion that we affirm the summary dismissal pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petitioner filed his petition well outside the statute of limitations and has not shown any reason why the limitations period should be tolled, we affirm the summary dismissal of the petition.

Authoring Judge
Judge Alan E. Glenn
Originating Judge
Judge C. Creed Mcginley
Case Name
Oliver J. Higgins v. State of Tennessee
Date Filed
Dissent or Concur
This is a dissenting opinion
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