Robert Leroy Littleton, III v. State of Tennessee

The Petitioner, Robert Leroy Littleton, III, appeals from the post-conviction court’s summary dismissal of his petition for post-conviction relief on the basis that it was untimely filed. Primarily, he argues that his petition was timely because it was filed during the “grace period” within which he had the opportunity to seek a writ of certiorari with the United States Supreme Court. He also alleges tolling exceptions to the limitations period based upon (1) his actual innocence and (2) attorney misconduct. After review, we affirm the judgment of the post-conviction court.