David Delgado Echeveria v. State of Tennessee

Case Number
M2016-01247-CCA-R3-PC

Petitioner, David Delgado Echeveria, pled guilty to the possession of 300 grams or more of cocaine with the intent to manufacture, sell, or deliver. Over five years later, he filed a petition for post-conviction relief, asserting that his attorney had failed to advise him of the potential immigration consequences of his plea. The post-conviction court dismissed the petition for failure to file within the statutory limitations period, and Petitioner appeals. We conclude that the petition was filed outside the limitations period and that Petitioner has not shown he is entitled to due process tolling. The judgment of the post-conviction court is affirmed.

Authoring Judge
Presiding Judge Thomas T. Woodall
Originating Judge
Judge Brody N. Kane
Case Name
David Delgado Echeveria v. State of Tennessee
Date Filed
Dissent or Concur
No
Download PDF Version