Konstantinos Diotis v. State of Tennessee

The petitioner, Konstantinos Diotis, appeals from the dismissal of his petition for post conviction relief as time-barred. In this appeal, the petitioner contends that application of the statute of limitations in his case is inappropriate because (1) the United States Supreme Court decision in Padilla v. Kentucky, __ U.S. __, 130 S. Ct. 1473 (2010), should be applied retroactively and (2) principles of due process require the tolling of the statute of limitations. The petitioner waived his claim of due process tolling by failing to present it to the post conviction court. Further, because we conclude that Padilla should not be applied retroactively, we affirm the judgment of the post-conviction court dismissing the petition as untimely.