07/28/94 Sam John Passarella V. State Tennessee

The appellant, Sam John Passarella, appeals as of right from a judgment of the trial court dismissing his suit for post-conviction and habeas corpus relief following an evidentiary hearing. The trial court found that the appellant's suit for post-conviction relief was barred by the statute of limitations, and the appellant failed to establish that the judgments he sought to challenge were void. In this Court, the appellant contends that his suit for post-conviction relief is not barred by the statute of limitations. He argues that his suit was filed within three years of the date he discovered that the grounds alleged in the petition existed. He also contends he is entitled to habeas corpus relief on the ground that the judgments he sought to challenge are void. He argues that a judgment in a criminal case is void when the accused has been denied his constitutional right to the effective assistance of counsel.