Joshua F. Linebarger v. State of Tennessee

The Petitioner, Joshua Linebarger, appeals the summary dismissal of his petition for post-conviction relief as untimely. After pleading guilty in the Knox County Criminal Court to theft, reckless burning, and assault and receiving an effective ten-year sentence, the Petitioner filed a post-conviction petition outside the one-year statute of limitations. The post-conviction court dismissed the petition, concluding that it was untimely on its face and that principles of due process did not toll the limitations period. Upon our review, we affirm the judgment of the post-conviction court.