Opinion

Monroe Brown v. State

Court
Court of Criminal Appeals of Tennessee
Filed
Jan 27, 1998
Status
Published
Cited by
0 cases
Authority
More cited than 30.2%

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED

MAY SESSION, 1997 January 27, 1998

Cecil W. Crowson

MONROE BROWN, ) Appellate Court Clerk

C.C.A. NO. 01C01-9607-CR-00305

)

Appe llant, )

)

) DAVIDSON COUNTY

VS. )

) HON. THOMAS H. SHRIVER

STATE OF TENNESSEE, ) JUDGE

)

Appellee. ) (Post Co nviction-Re lief)

FOR THE APPELLANT: FOR THE APPELLEE:

DAVID I. KOMISAR JOHN KNOX WALKUP

211 Printer’s Alley Bldg. Attorney General and Reporter

Ste. 400

Nashville, TN 37201-1414 LISA A. NAYLOR

Assistant Attorney General

450 James Robertson Parkway

Nashville, TN 37243

VICTOR S. JOHNSON

District Attorney General

PAM ANDERSON

Assistant District Attorney

222 Se cond A venue, N orth

Suite 500

Nashville, TN 37243

ORDER FILED ________________________

AFFIRMED PURSU ANT TO RU LE 20

JERRY L. SMITH, JUDGE

ORDER

A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of

one count of second degree murder. As a Range II persistent offender, he received a

life sentence in the Tennessee Department of Corrections. In this appeal, Appellant

presents the following issue for review: whether the trial court erred in dismissing

Appellant's petition for post-conviction relief.

After a review of the record, we affirm the judgment of the trial court pursuant to

Court of Criminal Appeals Rule 20.

On March 31, 1987, this Court affirmed Appellant's conviction. State v. Monroe

Brown, No. 86-221-III, Davidson County (Tenn. Crim. App., Nashville, March 31, 1987),

perm. to appeal denied, (Tenn. 1987). On July 3, 1991, Appellant filed his first petition

for post-conviction relief. The trial court dismissed this petition, concluding that the

petition was barred by the statute of limitations. We affirmed the trial court's decision.

Monroe Brown v. State, C.C.A. No. 01C01-9112-CR-00367, Davidson County (Tenn.

Crim. App., Nashville, August 6, 1992), perm. to appeal denied, (Tenn. 1992).

Appellant filed two amended petitions for post-conviction relief on November 17, 1995.

On February 9, 1996, the trial court denied both petitions.

Tennessee law is well-settled in this area. Pursuant to Tenn. Code Ann. § 40-

30-102 (1990, Repl.), the statute of limitations for the filing of a petition for post-

conviction relief began to run on June 8, 1987 and ended three years later on June 8,

1990. Appellant’s contention concerning the reasonable doubt jury instruction allegedly

given in his case does not fall within any rule of law which would toll the running of the

statute of limitations. Moreover, a jury instruction similar to the one about which

Appellant complains was approved by this Court in Pettyjohn v. State, 885 S.W.2d 364,

365 (Tenn. Crim. App. 1994).

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Accordingly, we affirm the trial court's judgment pursuant to Court of Criminal

Appeals Rule 20.

____________________________________

JERRY L. SMITH, JUDGE

CONCUR:

___________________________________

PAUL G. SUMMERS, JUDGE

___________________________________

DAVID G. HAYES, JUDGE

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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