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Statute of Limitations: Exceptions

By Baker Associates

A statute of limitations is a statute that declares a maximum length of time during which a legal claim can be made after which time it is no longer available. For example, Tennessee?s statute of limitations on petitions for post-conviction relief in criminal cases is one year from the date on which judgment becomes final in cases where no appeal is taken. As a general rule, petitions for post-conviction relief that are filed after the statute of limitations has run are time-barred and the court will not consider them. However, there are three statutorily recognized exceptions that can work to defeat the statute of limitations and enable a defendant to bring an untimely petition for post-conviction relief: Claims based on an appellate court ruling concerning a constitutional right not recognized at the time of the trial and given retroactive effect by the appellate courts Claims based upon newly-discovered evidence which establishes that the petitioner is actually innocent of the crime Claims which arise out of a situation where the petitioner received an enhanced sentence for a crime based on previous convictions which were later held to be invalid.continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on January 05, 2010 (boomark / email).