# Clapp v. State

> Court of Criminal Appeals of Tennessee · March 25, 1998

URL: https://www.frixlaw.com/law-library/cases/1082832

## Case

- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** March 25, 1998
- **Precedential status:** Published
- **Opinion:** Opinion
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1082832

## Opinion text

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE FILED
MAY SESSION, 1997 March 25, 1998

Cecil Crowson, Jr.
Appellate C ourt Clerk
William D. Clapp, ) C.C.A.No. 03C01-9701-CR-00028
)
Appe llant, )
)
) JOHNSON COUNTY
VS. )
) HON. LYNN W. BROWN
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Post Conviction - Sentencing)

FOR THE APPELLANT: FOR THE APPELLEE:

William David Clapp, Pro Se John Knox Walkup
No. 04405-084 Attorney General and Reporter
P.O. Box 4 000 W hitely-B
F.C.I. Manchester
Manchester, KY 40962-4000 Georgia Blythe Felner
Coun sel for the S tate
450 James Robertson Parkway
Nashville, TN 37243

David C rockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601

OPINION FILED ________________________

AFFIRMED PURSU ANT TO RU LE 20

JERRY L. SMITH, JUDGE
OPINION
In this appe al of the summary dismissal of his post-conviction petition

Appe llant, Willia m Da vid Cla pp, as ks this C ourt to r eview the validity of his

conviction entered upon his pleas of guilty on September 11, 1985. Appellant

pled guilty to des truction of p rivate prop erty. As part of the plea agreement

Appellant received a sentence of eleven months and twe nty-nin e days , all

suspe nded e xcept ten days.

Without acknowledging his post-conviction petition was time-barred under

the three yea r statute of lim itations in effect w hen h is conv iction b ecam e final,

Appellant argues that the enactment on May 10, 1995, of the new one year

statute of limitations for post-conviction petitions creates a new one year period

in which he may file for post-conviction relief. Our State S uprem e Cou rt has o nly

recen tly resolved this issue a dversely to Appe llant’s position . Carter v. S tate,

Monroe Co., No. 03-S-01-9612-CR-00117 (Tenn. S. Ct. September 8, 1997, at

Knoxville). Thus the petition for post-conviction relief was properly dismissed.

According ly, the jud gme nt of the trial cou rt is affirm ed in a ll respects

pursuant to Rule 20, Rules of the Court of Criminal Appeals.

____________________________________
JERRY L. SMITH, JUDGE

CONCUR:

___________________________________
PAUL G. SUMMERS, JUDGE

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___________________________________
DAVID G. HAYES, JUDGE

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1082832. Public record. Not legal advice.