David Joe Douglas Blair v. State of Tennessee

After having been indicted for the offense of first degree murder, Petitioner, David Joe Douglas Blair, pled guilty to the lesser included offense of second degree murder on June 6, 1999, pursuant to a negotiated plea agreement, and received a sentence of twenty-five years in the Department of Correction. On January 5, 2001, Petitioner filed a "Motion for Appointment of Counsel" pertaining to this matter and referenced a statute pertaining to the right to petition for post-conviction relief. The trial court appointed counsel and an amended petition for post-conviction relief was filed. The State answered, and in its answer alleged that the petition should be summarily dismissed because it was filed outside of the applicable statute of limitations. The trial court granted the motion and dismissed the petition. Petitioner appealed, and filed his brief. The State has filed a motion for this court to affirm the dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Finding merit in the motion, we grant same and affirm the judgment of the trial court.