Curtis Dwayne Staggs v. State of Tennessee - Dissenting

I dissent from the majority’s conclusion affirming the trial court’s denial of relief on the petitioner’s aggravated robbery conviction, which extends his life sentence an additional twelve years. With regard to this conviction, I agree with the petitioner’s argument that he received ineffective assistance of counsel based on trial counsel’s failure to raise the statute of limitations as a defense. Here, the petitioner’s indictment for aggravated robbery stated that the offense occurred on June 19, 1992. However, the indictment itself was not issued until July 29, 2010, eighteen years after the commission of the offense and ten years after the eight-year statute of limitations had expired. T.C.A. §§ 39-13-402(b), 40-1-101(b)(2). The indictment was untimely on its face because the prosecution commenced well after the expiration of the limitations period. Even though counsel explained that he did not raise the statute of limitation as a defense because it is “on hold” when “the defendant either lives out of state or conceals the crime[,]” our law requires the State to plead specific facts in the indictment to toll the statute of limitations. State v. Davidson, 816 S.W.2d 316, 318 (Tenn. 1991) (stating that the burden is on the State to “plead[] and prove[] that certain specific facts toll the statute of limitations”) (emphasis in original); see also State v. Tidwell, 775 S.W.2d 379, 389 (Tenn. Crim. App. 1989) (“When an indictment or presentment is brought after the expiration of the statute of limitations, it must be pleaded and proved that certain specific facts tolled the statute of limitations.”); State v. Thorpe, 614 S.W.2d 60, 65 (Tenn. Crim. App. 1980) (stating that in situations where a statute of limitations may be tolled, “the specific facts which toll the limitation period must be pleaded and proved”); State v. Comstock, 326 S.W.2d 669, 671 (Tenn. 1959) (“[W]here the indictment is brought after the period of limitations has expired, it must be pleaded and proved that certain specific facts toll the statute of limitations[.]”). The record shows that this was not done in this case.