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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON BARRY L. SPECK v. STATE OF TENNESSEE
Appeal from the Criminal Court for Shelby County No. P-19938 John P. Colton, Jr., Judge

No. W1999-00436-CCA-R3-PC - Decided July 19, 2000

The petitioner, Barry L. Speck, appeals the trial court's denial of his petition for post-conviction relief. The state contends that the petition should have been dismissed because of the statute of limitations. The petitioner contends that he received the ineffective assistance of counsel because his attorney failed to use documents provided by the petitioner to impeach the state's witnesses and to provide an alibi for dates listed in the bill of particulars. We hold that the petition was properly considered on its merits, but we affirm the trial court's denial of post-conviction relief. Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed TIPTON, J., delivered the opinion of the court, in which RILEY and GLENN, JJ., joined. Robert B. Gaia, Memphis, Tennessee, attorney for appellant, Barry L. Speck. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Thomas Hoover, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION The petitioner, Barry L. Speck, appeals as of right from the Shelby County Criminal Court's denying him post-conviction relief from his 1994 conviction for aggravated rape and the resulting fifteen-year sentence. The conviction was affirmed on appeal. See State v. Speck, 944 S.W.2d 598 (Tenn. 1997). The petitioner contends that the trial court erred in finding that he received the effective assistance of counsel.

STATUTE OF LIMITATIONS First, we address the state's claim on appeal that the petition should have been dismissed as barred by the one-year statute of limitations.1 See Tenn. Code Ann.

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