State of Tennessee v. Tavarus Detterio Griffin

Following a jury trial, Defendant, Tavarus Detterio Griffin, was convicted of two counts of aggravated robbery and two counts of aggravated kidnapping. The trial court imposed an effective sentence of twenty years. Judgments of conviction were entered on October 2, 2008. An untimely motion for new trial was filed on January 30, 2009. On May 12, 2009, the trial court entered an order purporting to deny the motion for new trial, rather than dismissing the untimely motion as requested in a written response filed by the State. An untimely notice of appeal was filed May 12, 2009. Defendant, through counsel, has raised only two issues on appeal: (1) whether Defendant was denied his right to due process and a fair trial because the jury pool was allowed to see Defendant in the courtroom wearing jail clothing and restrained by leg irons and handcuffs; and (2) whether counsel who represented Defendant throughout the trial and sentence hearing (who is not the same counsel who filed the motion for new trial) rendered ineffective assistance of counsel. Because the only issues raised on appeal are waived as a result of not being included in a timely-filed motion for new trial, we conclude that this is not a case where timely filing of the notice of appeal should be waived. Accordingly, Defendant’s appeal is dismissed.