John J. Villaneuva v. State Tennessee

O'BRIEN, J. Petitioner, John Joseph Villaneuva has appealed the trial court's dismissal of his second post-conviction relief petition without benefit of an evidentiary hearing. The Court of Criminal Appeals, relying on both procedural and substantive grounds, affirmed the dismissal, with one Judge Concurring in results and a third Concurring separately. We granted petitioner's Rule 11 application for permission to appeal. The primary issue for review concerns whether T.C.A. § 40-30-112(b)(1) inhibits the right of a petitioner to file separate post-conviction relief petitions challenging the validity of separate convictions entered on separate dates.