# FILED
March 15, 1999 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CR IMINAL A PPEALS OF TENN ESSEE AT JA CKSON FEBRUARY

1999 SESSION
WILLIE EDWARD THORNTON, ) ) NO. 02C01-9809-CC-00260 Appellant, ) ) FAYETTE COUNTY VS. ) ) HO N. JON KER RY BLACKWOOD , STATE OF TENN ESSEE, ) JUDGE ) Appellee. ) (AFFIRMED - Rule 20)

O R D E R Appellant, Willie Edward Thornto n, ap peals the summary dismissal of his petition forpost-c onviction relief. We affirm the dismissal p ursuant to Rule 20, Tennessee Court of Criminal Appeal s.

I

On April 4, 1988, appellant was convicted by a Fayette County jury of first degree murder

and use of a firearm in commission of a f elony. He was sentenced to life imprisonment plus five years. The convictions and sentences were affirmed bythis Court. State v. Willie Edward Thornton , C.C.A. No. 3, Fayett e County (Tenn. Crim. App. filed June 7, 1989, at Jackson). Per mission to appeal was deni ed by the Tennessee SupremeCourt. State v. Willie Edward Thornton , C.C.A. No. 3, Fayett e County (Tenn. filed August 7, 1989, at Jackson). On January 5, 1990, he filed his first petiti on for post-conviction re lief. The petition was denied after an e videntiar y hearing by order

entered December 14, 1990. The dismissal was affirmed by this Court. Willie Edward Thornton v. State , C.C.A. No. 02C01-9102-CC-00001, Fay ette County (Tenn. Crim. Ap p. filed May 20, 19 92, at Jackson). Applicati on for permission to appeal w as denied by th e Tennessee Supr

eme Court. Willie Edward Thornton v. State , C.C.A. No. 02C01- 9102-CC-00001, Fayette C ounty (Tenn. filed July 27, 1992, at Jackson).2 Appellantsought habeas corpus reliefin 1993. The petition was dismissed bythe trial court, and the di smissal was affirmed by t his Court. Wil lie Edward Thornton v. Fred Rane y, Warden , C.C.A. No. 02C01-9302-C C-00025, Lauderdale County (Tenn. Crim. App . filed Jan uary 26, 1994, at Jackson) . Application for permission to appeal was denied by the Tennessee Supreme Court. Willie Edward Thornton v. Fred Raney, Warden , C.C.A. No. 02C01-9302-CC-00025, Lauderdale County (Tenn. filed May 2 3, 1994, at Jackson). The present p etition for post-conviction re lief was filed on June 15, 1998. A ppellant alleged he was improper ly sentenced by the tr

ial judge rather tha n th e jury; the "reasonable doubt" jury instructi on was unconstitutional; the record fails to show that the jury reached a unanimous decision; and the trial judge failed to poll the jury. The trial cour t dismissed the petition as being barre d by the statute of limitations. We conclude the trial court acted properl y in dismissing

the petition.

II The petition is barred

by the one-year

statute of limitations, and none of the statutory exceptions apply. See Tenn. Code Ann. § 40-30-202 (a ), (b). Furthermore, since aprior petition was filed and resolved on the meri ts, the present petition was properly dis missed. See Tenn. Code Ann. § 40-30-202(c). Al though
a motion to reopen may be filed to reopen a prior post -conviction petition, none of the grounds authorizing such relief

apply in this case; nor

has appellant followed the proper procedure. See

Tenn. Code Ann. § 40
- 30-217(a), (c). In addit ion, the grounds for relief alleged in the pr esent petition are waived due to appellant’s failure to present them in the prior petition. See Tenn. Code Ann. § 40-30-206(g)

. IT IS, THEREFO RE, ORDERED that the judgment o f the trial court be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals. It appearing that appellant is indigent , costs are taxed to the s tate.3 _______ ____________

________ JOE G. RILEY, JUDGE

CONCUR:

____________________________________ JOHN H. PEAY

, JUDGE

____________________________________ JAMES C. BEA

SLEY, SR., SPECIAL JUDGE