Jeffrey Bivens v. State of Tennessee

Jeffrey Bivens appeals from the Madison County Circuit Court's denial of his petition for post-conviction relief. Although the petition was filed outside the one year limitations period, the post-conviction court excused the "late-filed" petition "in the interest of justice." Following a hearing upon the merits of the petition, the court denied post-conviction relief. Because the petition was time-barred, the post-conviction court was without jurisdiction to conduct a hearing on the merits. For this reason, dismissal of the petition is affirmed.