Glenn Hallock v. State ( 1997 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
NOVEMBER 1997 SESSION
December 17, 1997
Cecil W. Crowson
GLENN HALLOCK, ) Appellate Court Clerk
)
Appellant, ) No. 01C01-9704-CR-00121
)
) Wilson County
v. )
) Honorable J.O. Bond, Judge
)
STATE OF TENNESSEE, ) (Post-Conviction)
)
Appellee. )
For the Appellant: For the Appellee:
Glenn Hallock, Pro se John Knox Walkup
Special Needs Facility Attorney General of Tennessee
7575 Cockrill Bend Industrial Rd. and
Nashville, TN 37209-1057 Elizabeth B. Marney
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Tom P. Thompson, Jr.
District Attorney General
P.O. Box 178
Hartsville, TN 37074-0178
and
Doug Hall
Assistant District Attorney General
111 Cherry Street
Lebanon, TN 37087
OPINION FILED:____________________
AFFIRMED
Joseph M. Tipton
Judge
OPINION
The petitioner, Glenn Hallock, appeals as of right from the Wilson County
Criminal Court’s judgment denying him post-conviction relief from his 1992 convictions
for aggravated rape, rape, incest and aggravated sexual battery for which he received
an effective sentence of thirty-eight years in the custody of the Department of
Correction. The trial court held that the petition for relief was barred by the statute of
limitations and that, in any event, the grounds asserted for relief had been previously
determined or waived. The petitioner contends that his petition is not time barred and
that the grounds have not been previously determined or waived. We affirm the trial
court.
The petitioner’s convictions were affirmed on appeal. State v. Glenn
Hallock, No. 01-C-01-9301-CR-00002, Wilson County (Tenn. Crim. App. Oct. 7, 1993),
app. denied (Tenn. Feb. 28, 1994). Under the then-existing Post Conviction
Procedures Act, the petitioner had three years from the supreme court’s denial of
review being final within which to file his post-conviction petition. See T.C.A. § 40-30-
102 (repealed 1995). However, under the 1995 Post-Conviction Procedures Act that
controls all post-conviction petitions filed after May 10, 1995, any then-existing but
unfiled claims were given only one year from May 10, 1995, to be filed by post-
conviction petition. See T.C.A. § 40-30-202(a); Albert Holston v. State, 02C01-9609-
CR-00298, Shelby County (Tenn. Crim. App. July 28, 1997). This means that the
petitioner was required to file his petition on or before May 10, 1996. Thus, the petition
in this case, filed on March 3, 1997, was untimely and is barred.
As for four of the grounds for relief that the petitioner raised in his petition,
the record supports the conclusion that they were previously determined in his direct
appeal. As for his remaining claim that the indictment failed to state offenses, our
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supreme court’s holding in State v. Roger Dale Hill, Sr., No. 01-S-01-9701-CC-00005,
Wayne County (Tenn. Nov. 3, 1997) (for publication), controls. Under Hill, the
allegations in the indictment charge the offenses for which the petitioner was
prosecuted.
In consideration of the foregoing, the judgment of the trial court is
affirmed.
______________________________
Joseph M. Tipton, Judge
CONCUR:
_________________________
John H. Peay, Judge
_________________________
David H. Welles, Judge
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