JAMES DAVID DUNCAN v. STATE OF TENNESSEE - Articles

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JAMES DAVID DUNCAN v. STATE OF TENNESSEE

Posted by: Azya Thornton on Jun 5, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Dillon E. Zinser, Knoxville, Tennessee, for the appellant, James David Duncan.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; William C. Lundy, Assistant Attorney General; David S. Clark, District Attorney General; and Sarah Keith, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In January 2019, the Petitioner, James David Duncan, pled guilty to possession with the intent to sell .5 grams or more of methamphetamine. The trial court sentenced the Petitioner to serve ten years and placed him on supervised probation. In January 2020, the trial court revoked the Petitioner’s probation sentence. On appeal, this court affirmed the revocation. State v. Duncan, No. E2020-00827-CCA-R3-CD, 2021 WL 3403152, at * 1 (Tenn. Crim. App. Aug. 4, 2021), perm. app. denied (Tenn. Nov. 17, 2021). In December 2021, the Petitioner filed a pro se petition for post-conviction relief that was amended with the assistance of counsel in July 2023. Following an evidentiary hearing, the trial court concluded that the Petitioner’s petition for post-conviction relief was barred by the statute of limitations. After review, we affirm the post-conviction court’s judgment.

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