Antonio Oliver v. State of Tennessee

Antonio Oliver v. State of Tennessee
W2009-02113-CCA-R3-PC

A Shelby County jury convicted the petitioner, Antonio Oliver, of first degree murder, and the trial court sentenced him to life imprisonment. On direct appeal, this court affirmed the petitioner’s conviction and sentence. The petitioner filed a petition for post-conviction relief and motion to toll limitations period alleging that he was deprived of second-tier review of his conviction by the Tennessee Supreme Court based on various misrepresentations by appellate counsel. Specifically, the petitioner argues that appellate counsel failed to notify him of this court’s opinion on direct appeal, which caused him to be “unaware” that a Rule 11 application needed to be filed or that the statute of limitations for post-conviction relief had expired. The post-conviction court denied relief, and the petitioner now appeals. After reviewing the record, the parties’ briefs, and applicable law, we conclude that the petitioner was denied second-tier review of his conviction through no fault of his own. In reversing the judgment of the post-conviction court, we grant the petitioner a delayed appeal and stay further proceedings on his remaining claims of post-conviction relief.

Authoring Judge: 
Judge Camille R. McMullen
Originating Judge: 
Judge Paula Skahan
Date Filed: 
Friday, September 23, 2011