IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
DECEMBER 1996 SESSION
February 12, 1997
Cecil W. Crowson
Appellate Court Clerk
ERIC C. PENDLETON, ) No. 01C01-9604-CR-00158
)
Appellant )
) DAVIDSON COUNTY
V. )
) HON. ANN LACY JOHNS,
STATE OF TENNESSEE, ) JUDGE
)
Appellee. ) (Habeas Corpus)
)
)
CONCURRING OPINION
I concurred with the majority in Arnold Carter v. State, No. 03C01-9509-CC-
00270 (Tenn. Crim. App. at Knoxville, July 11, 1996), holding that the petition was filed
within the statute of limitations. Upon further reflection, I am of the opinion that the
dissenting opinion by Judge David Welles in that case is the correct view of the statute
when this Court is confronted with a petition such as the one in appellant’s case.
Therefore, I concur with the majority opinion in this case for the reasons stated here
and for those I expressed in Stephen Koprowski v. State, No. 03C01-9511-CC-00365
(Tenn. Crim. App. at Knoxville, January 28, 1997).
_______________________________
William M. Barker, Judge