Graham v. State

OPINION

FRANK F. DROWOTA, III, C.J., and ADOLPHO A. BIRCH, JR., JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined.

We granted this appeal to determine whether the petitioner timely filed an application for permission to appeal. The trial court had denied his motion to reopen his previous petition for post-conviction relief in accordance with TenmCode Ann. § 40-30-217(c). The Court of Criminal Appeals ruled that the appeal was untimely because it was not filed within ten days of the date on which the trial court signed the order denying the motion to reopen. After reviewing the record, we…