IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
MAY 1997 SESSION
September 26, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
ROBERT DALE CHRISTOPHER,)
)
Appellant, ) No. 03C01-9608-CC-00306
)
) Cocke County
v. )
) Honorable Rex Henry Ogle, Judge
)
STATE OF TENNESSEE, ) (Post-Conviction)
)
Appellee. )
For the Appellant: For the Appellee:
Joseph S. Ozment Charles W. Burson
217 Exchange Avenue Attorney General of Tennessee
Memphis, TN 38105 and
Georgia Blythe Felner
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Sr.
District Attorney General
301 Sevier County Courthouse
Sevierville, TN 37862
and
Richard R. Vance
Assistant District Attorney General
339A Main Street
Newport, TN 37821
OPINION FILED:____________________
AFFIRMED
Joseph M. Tipton
Judge
OPINION
The petitioner, Robert Dale Christopher, appeals as of right from the
dismissal of his petition for post-conviction relief by the Circuit Court for Cocke County
as being untimely filed. He contends that his petition was timely under the 1995 Post-
Conviction Procedure Act as interpreted in Arnold Carter v. State, No. 03C01-9509-CC-
00270, Monroe County (Tenn. Crim. App. July 11, 1996). The trial court is affirmed.
The petitioner collaterally attacks his 1985 convictions for third degree
burglary and attempt to commit a felony. He filed his petition on May 7, 1996. Under
this court’s opinion in Carter, the petition would have been deemed timely because it
was filed within one year of the effective date of the 1995 Act. However, the
Tennessee Supreme Court reversed this court and concluded that the 1995 Act did not
reinstate a filing period for post-conviction cases relative to convictions for which the
former three-year post-conviction statute of limitations had run. Arnold Carter v. State,
No. 03-S-01-9612-CR-00117, Monroe County (Tenn. Sept. 8, 1997) (for publication).
The judgment of the trial court is affirmed.
______________________________
Joseph M. Tipton, Judge
CONCUR:
_____________________________
Joe B. Jones, Presiding Judge
_____________________________
Curwood Witt, Judge
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