James R. Wilson v. State of Tennessee

In 1999, a Davidson County jury convicted the Petitioner, James R. Wilson, of first degree felony murder and especially aggravated robbery.  His convictions were affirmed on appeal, as was the subsequent denial of his petition for post-conviction relief.  The Petitioner’s first habeas corpus petition was denied, and the denial was affirmed on appeal.  While this petition was still pending, the Petitioner filed a writ of error coram nobis, which the court summarily dismissed, and the dismissal was affirmed on appeal.  The Petitioner filed this, his second petition for habeas corpus relief contending that the he was entitled to relief based upon the State’s oral motion to amend the indictment to change the offense date from November 14 to November 13.  The habeas corpus court summarily dismissed the petition.  Shortly thereafter, the Petitioner filed a “Motion for New Trial.”  Several months later, he requested a hearing on his motion.  The State opposed the motion, stating that there was no procedure by which the Petitioner could file a “Motion for New Trial” from the habeas corpus proceeding and stating the Petitioner’s claims were meritless.  The habeas corpus court agreed and denied the “Motion for New Trial.”  On appeal, the Petitioner contends that the habeas corpus court erred because it improperly dismissed his habeas corpus petition.  After a thorough review of the record and relevant authorities, we conclude that the Petitioner did not timely file his notice of appeal.  Accordingly, the appeal is dismissed.