State of Tennessee v. Tommy Gayden

Petitioner, Tommy Gayden, filed a single pro se pleading titled “Motion to Correct Illegal Sentence, Motion for Plain Error Review, and Petition for Extraordinary Writ on Ineffective Assistance of Counsel.” The trial court summarily denied the motion to correct illegal sentence portion of the pleading for failure to state a colorable claim under Rule 36.1. Treating the two remaining claims as a motion to reopen post-conviction proceedings, the trial court summarily denied the claims because they did not satisfy any of the criteria to reopen a post-conviction proceeding, they were previously waived, and they were raised outside the one-year post-conviction statute of limitations. Discerning no error, we affirm the trial court’s summary denial of all claims.