Jacquiz McBee v. State of Tennessee

In 2017, the Petitioner, Jacquiz McBee, pled guilty to aggravated assault and was placed on judicial diversion for a period of three years. Following his later conviction for another crime in April 2022, the trial court rescinded the diversion, entered an adjudication of guilt, and sentenced the Defendant to serve a term of three years for the aggravated assault conviction. In 2024, the Petitioner filed a petition for post-conviction relief, alleging, among other things, that he was denied the effective assistance of counsel in his aggravated assault case and that his original plea was invalid. The post-conviction court summarily dismissed the petition as being untimely, and the Petitioner appealed. Upon our review, we agree that the post-conviction petition was untimely and that principles of due process did not toll the running of the statute of limitations. We respectfully affirm the judgment of the post-conviction court.