FILED

May 19, 1998

Cecil Crowson, Jr.

Appellate C ourt Clerk

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

FEBRUARY 1998 SESSION

TERRY LYNN KING, )

) No. 03C01-9705-CC-00179

Appellant, )

) Grainger County

vs. )

) Honorable Rex Henry Ogle, Judge

STATE OF TENNESSEE, )

) (Post-Conviction)

Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE:

EDWARD C. MILLER JOHN KNOX WALKUP

Public Defender Attorney General & Reporter

P. O. Box 416

Dandridge, TN 37725 MARVIN E. CLEMENTS, JR.

Assistant Attorney General

Cordell Hull Bldg., Second Floor

425 Fifth Avenue, North

Nashville, TN 37243-0493

ALFRED C. SCHMUTZER, JR.

District Attorney General

RICHARD VANCE

Assistant District Attorney

339 A. Main St.

Newport, TN 37821

OPINION FILED:____________________

AFFIRMED PURSUANT TO RULE 20

WILLIAM B. ACREE, JR.

SPECIAL JUDGE
1

(b) No court shall have jurisdiction to consider a petition filed after such time

unless: (1) The claim in the petition is based upon a final ruling of an appellate court

establishing a constitutional right that was not recognized as existing at the time of trial,

if retrospective application of that right is required. Such petition must be filed within

one (1) year of the ruling of the highest state appellate court or the United States

supreme court establishing a constitutional right that was not recognized as existing at

OPINION

The petitioner, Terry Lynn King, appeals as of right the trial court’s

dismissal of his petition for post-conviction relief. 

The petitioner entered a plea of guilty to first degree murder and to

aggravated kidnapping on May 3, 1984. He received a sentence of life and five

years imprisonment. The petitioner filed a petition for post-conviction relief on

October 11, 1988. He was denied relief, and the denial was affirmed by this

Court on December 11, 1990. See King v. State, (1990 Tenn.Crim.App. LEXUS

817, filed December 11, 1990, at Knoxville). 

This petition was filed on March 14, 1996. The trial court dismissed the

petition without an evidentiary hearing. 

We find that the petition is barred by the statute of limitations.

Prior to July 1, 1986, there was not a statute of limitations for postconviction relief. That year, the legislature enacted T.C.A. §40-30-102, which

provided for a three year statute. Thereafter, this Court held that all persons who

had been convicted of crimes prior to July 1, 1986, had three years from that date 

within which to file a petition for post-conviction relief. See Abston v. State, 749

S.W.2d 487, 488 (Tenn.Crim.App. 1988). Because the petitioner’s conviction

predated the effective date of the Act, the petitioner had until July 1, 1989, to file. 

He timely filed a petition, and it was denied.

In 1995, the legislature reduced the statutory period for filing postconviction petitions to one year. T.C.A. §40-30-202 (a). This Act became

effective on May 10, 1995. The petitioner contends that under the new Act, he

had one year within which to file another petition. This contention is not well

taken. The new act does not revive claims that which were barred by the

previous statute of limitations. Carter v. State, 952 S.W.2d 417, 420 (Tenn.

1997). Furthermore, the petitioner does not allege facts which would allow him to

file under T.C.A. §40-30-202 (b).1
the time of trial; 

(2) The claim in the petition is based upon new scientific evidence establishing that

such petitioner is actually innocent of the offense or offenses for which the petitioner

was convicted; or 

(3) The claim asserted in the petition seeks relief from a sentence that was enhanced

because of a previous conviction and such conviction in the case in which the claim is

asserted was not a guilty plea with an agreed sentence, and the previous conviction

has subsequently been held to be invalid, in which case the petition must be filed within

one (1) year of the finality of the ruling holding the previous conviction to be invalid. 

The judgment of the trial court is affirmed in accordance with Rule 20

Tennessee Court of Criminal Appeals.

___________________________________

WILLIAM B. ACREE, JR., SPECIAL JUDGE

CONCUR:

___________________________________

JERRY L. SMITH, JUDGE

____________________________________

THOMAS T. WOODALL, JUDGE