IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE
_________________________, )
)
PETITIONER )
) C.C.A. # ___________________
VS ) Circuit Court ______________ County
) Hon. _________________, Ju!"
STATE OF TENNESSEE, )
)
RESPON#ENT )
MOTION TO $ITH#RA$ AS COUNSEL
Comes James R. Tucker, Jr., appointed counsel for the Petitioner, and pursuant to Rule 14 of
the Tennessee Supreme Court, moves this Court in the following particulars
1. The movant alleges that on the !"
rd
da# of Jul#, !$1!, the trial court appointed
movant to represent the petition regarding her post conviction petition she had filed pro se. %fter
denial of the petition counsel was appointed on &e'ruar# !(, !$1" to perfect the appeal to this
Court.
!. The movant has diligentl# discharged his dut# according to law, having represented
the appellant in the trial court as well as this Court.
3. The movant alleges that on the !"
rd
da# of %pril, !$14, this Court filed its opinion in
the cause affirming the appellant)s conviction and the sentence imposed. %fter reading the opinion of
this Court, and 'eing familiar with the record, the movant is of the opinion there are no grounds for
an %pplication for Permission to %ppeal to the Tennessee Supreme Court.
4. The movant alleges that on the !4
th
da# of %pril, !$14, written notice was sent
to the appellant, *r. ++++++++++++++++++, Tennessee ,epartment of Corrections-++++++,
Charles .ase Correction Comple/, (1(( Cockrill .end .lvd., 0ashville, Tennessee "(!$1.
Said noticed advised Petitioner
a. Counsel does not intend to file an %pplication for Permission to %ppeal, and
leave of Court is 'eing sought to withdraw as counsel of record.
b. The Petitioner ma# file a pro se %pplication for Permission to appeal
with the Clerk of The Supreme Court of Tennessee at 0ashville, Tennessee.
c. The %pplication for Permission to %ppeal must 'e filed with the
Clerk of the Tennessee Supreme Court in 0ashville,Clerk of
the Tennessee Supreme Court in 0ashville within si/t# 23$4
da#s from the date of the entr# of the 5udgment of the Court
of Criminal %ppeals. 6our time started to run on the !4
th

da# of %pril !$14. The da# of the entr# of the 5udgment
of %pril !", !$1" is not included in the calculation
pursuant to Rule !1 of the Tennessee Supreme Court.
Therefore, #ou must file #our %pplication '# the !"
rd
da# of
June, !$14.
% cop# of the opinion of this Court, which was enclosed with the written notice and
forwarded to the petitioner, is attached hereto, incorporated herein '# reference, and made a part of
this motion.
7. The movant has reviewed and studied the opinion of this Court, and movant is of the
opinion the 'rief filed on 'ehalf of the appellant ade8uatel# presents the issues which are availa'le to
the appellant and su'5ect to review '# the Tennessee Supreme Court pursuant to %pplication for
Permission to %ppeal, if such relief is sought '# the appellant pro se.
9:;R;&<R;, the movant, James R. Tucker, Jr, respectfull# moves this :onora'le Court
for permission to withdraw as counsel of record for the appellant in this cause for the reasons set
forth in the motion.
! of 7
++++++++++++++++++++++++++++++++++++++++++
James R. Tucker, Jr. -$!1=$4
%ppointed Counsel for Petitioner
!1= 0orth *ain Street
P.<..o/ 114!
Shel'#ville, T0 "(13!
21"14 4==>4113
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CERTIFICATE OF SERVICE
? here'# certif# that ? have this !4
th
da# of %pril !$14, conve#ed a true and e/act
cop# of the foregoing document '# facsimile and@or e>mail transmission, hand deliver#,
and@or deposit in the AS *ail with sufficient postage thereon, to the following individuals
and@or entities
Beslie ;. Price Ro'ert Carter
The <ffice of the %ttorne# Ceneral, The <ffice of the ,istrict %ttorne# Ceneral,
Ro'ert ;. Cooper, Jr. 1(
th
Judicial ,istrict,
4!7 7
th
%ve. 0 "11 ; *arket St.
P.<. .o/ !$!$( P.<. .o/ =(=
0ashville, T0 "(!$!>$!$( &a#etteville, T0 "(""4>$=(=
&a/ 317>(41>!$$1 &a/ 1"1>4"=>11$=
The <ffice of the %ssistant ,istrict %ttorne#, *r. *ike Catalano
.edford Count#, Clerk, Court of Criminal %ppeals
1 Pu'lic S8 Ste 1$$ 4$1 Seventh %venue, 0orth
Shel'#ville, T0 "(13$>"17" Supreme Court .uilding
&a/ 1"1>3=7>!11" 0ashville, Tennessee, "(!11>14$(
*r. +++++++++++++++++ -+++++++++++
Charles .ase Correction Comple/
(1(( Cockrill .end .lvd.
0ashville, T0 "(!$1
++++++++++++++++++++++++++++++++++++++++++
James R. Tucker, Jr. -$!=1$4
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AFFI#AVIT
STATE OF TENNESSEE )
COUNT% OF &E#FOR# )
Comes now James R. Tucker, Jr., after 'eing dul# sworn and deposes as follows
1. That ? affirm ever#thing in the accompan#ing motion is true and correct to the 'est of
m# knowledge.
&urther the deponent saith not.
++++++++++++++++++++++++++++++++++++
James R. Tucker, Jr. -$!=1$4
%ppointed Counsel for Petitioner
Sworn to and su'scri'ed 'efore me this !4
th
da# of %pril, !$14.
++++++++++++++++++++++++++++++++++++
0<T%R6 PA.B?C %T B%RC;
*# Commission ;/pires ++++++++++++++++++++
7 of 7