IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
JANUARY 1997 SESSION FILED
March 26, 2008
Cecil Crowson, Jr.
Appellate Court Clerk
STATE OF TENNESSEE, )
)
APPELLEE, )
) No. 02-C-01-9508-CC-00236
)
) Obion County
v. )
) William B. Acree, Jr., Judge
)
) (Motion for New Trial)
BILLY JOE HARRIS, )
)
APPELLANT. )
FOR THE APPELLANT: FOR THE APPELLEE:
Billy Joe Harris, Pro Se Charles W. Burson
Register Number 127709 Attorney General & Reporter
Route 1, Box 330 500 Charlotte Avenue
Tiptonville, TN 38079-9775 Nashville, TN 37243-0497
Janis L. Turner
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Thomas A. Thomas
District Attorney General
414 South Fourth
Union City, TN 38281-0218
James T. Cannon
Assistant District Attorney General
414 South Fourth
Union City, TN 38281-0218
OPINION FILED:______________________________________
AFFIRMED
Joe B. Jones, Presiding Judge
OPINION
The appellant, Billy Joe Harris, appeals as of right from a judgment of the trial court
summarily dismissing his motion for a new trial. The appellant claimed he was entitled to
a new trial due to newly discovered evidence. The trial court found the motion was not
timely filed pursuant to the Tennessee Rules of Criminal Procedure.
The appellant was tried and convicted on April 27, 1989. His motion for a new trial
was denied. This Court affirmed his conviction and sentence, and the Supreme Court also
affirmed the sentence. He subsequently instituted four suits for post-conviction relief. All
four suits were denied at every stage of the proceedings. The present motion was filed
June 26, 1995 as a separate action.
After a thorough review of the record, the briefs of the parties, and the law governing
the issue presented for review, it is the opinion of this Court the judgment of the trial court
should be affirmed.
________________________________________
JOE B. JONES, PRESIDING JUDGE
CONCUR:
___________________________________
PAUL G. SUMMERS, JUDGE
___________________________________
DAVID G. HAYES, JUDGE
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