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Tuesday, May 5, 2015

Murder appeal too late, judge rules

Friday, October 12, 2012

A man convicted of murder in 2007 waited too long to file a petition in his case, according to Tennessee's Criminal Appeals Court.

Antwain Tapaige Sales had appealed the dismissal of a petition for his second degree murder conviction and 40-year sentence.

Sales had been convicted in the Sept. 22, 2006 shooting death of Octavius Anderson, 24, who was found dead at a Ledbetter Street house.

In his appeal, Sales claimed that Circuit County Judge Lee Russell erred by not accepting a petition for post-conviction relief filed three years after he was sentenced.

Sales argued that he was unable to file a petition because "he was mentally incompetent and under the effect of psychotropic drugs."

Claims

He submitted two "affidavits," which were not made under oath - one from his mother and another from his ex-girlfriend, both claiming that he was unable to manage his personal affairs due to his mental state.

Another statement from Sales dated from 2005 also claimed he was mentally ill and that he suffers from "Schitzoaffective Bipolar/Schitzofrantic Paranoia."

Russell dismissed the petition, saying Sales had failed to meet the one-year statute of limitation, only providing a general allegation, but no facts to prove he was incompetent.

Appeals judge agrees

Appeals court judge Joseph Tipton agreed, saying that Sales failed to put forth any specific factual allegations that he demonstrated an inability to manage his personal affairs or understand his legal rights.

Police said Sales had allegedly robbed Anderson and his brother, Marquis Anderson, who was also shot in the incident.

Sales had been a Shelbyville resident before moving to Nashville, police said.

Within a week of the shootings, he was located in an apartment on South Maple Street in Shelbyville, where he was forced out by police with smoke bombs after an hour-long standoff.