Derrick Brandon Bush v. State of Tennessee (State Appeal)
Lower Court Summary:
Derrick Brandon Bush (“the Petitioner”) pled guilty to two counts of attempt to commit rape in December 2000. On April 25, 2011,the Petitioner filed for post-conviction relief,alleging that his guilty plea was unconstitutional in light of Ward v. State, 315 S.W.3d 461 (Tenn. 2010), and that the one-year post-conviction statute of limitations should be tolled. After a hearing, the post-conviction court granted relief. The State appealed. Upon our thorough review of the record, we hold that the rule announced in Ward does not apply retroactively. Therefore, the Petitioner is not entitled to tolling of the statute of limitations pursuant to Tennessee Code Annotated section 40-30-102(b)(1). We also hold that the Petitioner is not entitled to tolling on due process grounds. Thus, the Petitioner’s claim for relief is barred by the statute of limitations. Accordingly, we reverse the judgment of the post-conviction court.