Ivano Stamegna v. State of Tennessee

The Petitioner, Ivano Stamegna, pled guilty to attempt to possess more than 300 grams of cocaine, and the trial court sentenced him to eight years. In 2010, the Petitioner filed a petition for post-conviction relief. After a hearing, the post-conviction court dismissed the petition, concluding that he did not file his petition within the applicable statute of limitations. On appeal, the Petitioner contends that the post-conviction court erred because either the statutory exception for new, retrospectively applicable constitutional rights or the constitutional exception for due process require the tolling of the statute of limitations. After a thorough review of the record and the applicable authorities, we affirm the post-conviction court’s judgment.