Jose Rodriguez a/k/a Alex Lopez v. State of Tennessee

M2011-01485-SC-R11-PC
Date / Time
Wed, 10/02/2013 - 01:00 PM
ORAL ARGUMENTS DESCRIPTION

Lower court summary:

The petitioner, Jose Rodriguez, brings a post-conviction challenge to his guilty plea, asserting that he received the ineffective assistance of counsel. The petitioner claims that, under Padilla v. Kentucky, 130 S.Ct. 1473, 1483 (2010), his counsel was deficient in failing to advise him regarding the deportation consequences of his guilty plea. The petition was filed more than one year after the guilty plea, and the post-conviction court denied relief based on the statute of limitations pursuant to Tennessee Code Annotated section 40-30-102(a). We conclude that a post-conviction action does not lie when the petitioner’s record has been expunged and no conviction exists. In addition, the trial court was correct in concluding the petition was time-barred. Accordingly, we affirm the post-conviction court’s summary dismissal.

Court
Supreme Court
County
Davidson
Division
Middle Section