FRED AUSTON WORTMAN, III v. STATE OF TENNESSEE - Articles

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FRED AUSTON WORTMAN, III v. STATE OF TENNESSEE

Posted by: Tanja Trezise on Sep 28, 2023

Court: TN Court of Criminal Appeals

Attorneys 1: W. Lewis Jenkins, Jr., Dyersburg, Tennessee, for the appellant, Fred Auston Wortman, III.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Katharine K. Decker, Senior Assistant Attorney General; Steve Mulroy, District Attorney General; and Leslie Byrd, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Petitioner, Fred Auston Wortman, III, appeals the summary dismissal of his petition seeking post-conviction relief from his 2015 guilty-pleaded conviction for attempted first degree murder, arguing that the post-conviction court incorrectly concluded that the Petition was time-barred. After our review of the record, we reverse and remand the case to the post-conviction court. On remand, the post-conviction court should appoint counsel, if necessary; provide an opportunity for counsel to amend the Petition; and conduct a hearing to make findings of fact and conclusions of law relative to due process tolling of the statute of limitations.

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