Dan E. Durell v. State of Tennessee

Dan E. Durell v. State of Tennessee
E2019-01393-CCA-R3-HC

The pro se petitioner, Dan E. Durell, appeals for the denial of his petition for writ of habeas corpus by the Criminal Court for Knox County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because the State withheld evidence favorable to the petitioner’s sentencing, his convictions violated double jeopardy protections, and the trial court relied on “improper, inaccurate, and mistaken information” in sentencing him. However, as noted by the State in its brief, the petitioner’s appeal is untimely, and our review of the record and the petitioner’s claims does not support a finding that the interest of justice supports the waiver of the petitioner’s untimely notice of appeal. Accordingly, we dismiss the appeal.

Authoring Judge: 
Judge J. Ross Dyer
Originating Judge: 
Judge Steven Wayne Sword
Date Filed: 
Friday, May 22, 2020