The Tennessee Court of Criminal Appeals has ruled that Unjolee Moore did not file his post-conviction appeal too late as claimed by the prosecution. However, the panel said Judge Don Poole had correctly dismissed the appeal.
The Appeals Court said, "Unjolee Moore filed a petition for post-conviction relief in the Hamilton County Criminal Court, claiming that he received the ineffective assistance of counsel.
After an evidentiary hearing, the post-conviction court filed an order denying relief, and the Petitioner filed a “motion to reconsider.” The post-conviction court granted the motion, vacated its order denying relief, and reopened the proof. Subsequently, the post-conviction court filed a second order denying relief.
"On appeal, the Petitioner maintains that he received the ineffective assistance of counsel. The State argues that this appeal should be dismissed because the Petitioner’s notice of appeal was untimely. The State also argues that the timely filing requirement should not be waived and that even if this court waives timely filing, this court should disregard the evidence presented at the second evidentiary hearing because it is not part of the record. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner’s notice of appeal was not untimely and that the evidence from the second evidentiary hearing is properly before us. However, we also conclude that the post-conviction court correctly denied the petition for postconviction relief.
"Accordingly, the judgment of the post-conviction court is affirmed."
Moore, who was convicted of a 2010 murder, claimed that he made a confession after being beaten by a detective and held for over 13 hours while handcuffed behind his back.
Moore also said he had ineffective assistance of counsel.
His current lawyer, Daniel Murphy, said he was able to obtain a jail medical record showing he had lacerations around the hands and swelling at the left eye after the encounter with former Detective Michael Wenger and another officer.
Moore had asked Judge Poole to grant him a new trial.
Attorney Murphy said phone records show that Moore could not have been at the murder scene.
Prosecutor Cameron Williams noted that a female that Moore was with said he had a gun when he left driving her Nissan Maxima.
He said a Maxima was seen at the British Woods Apartments where Bernard Hughes was killed and Timothy Westfield was left for dead.
The group Concerned Citizens for Justice took up Moore's cause, claiming he should not have been convicted.