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Posted by: Tanja Trezise on Feb 24, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Khalfani S. Marion, Henning, Tennessee, Pro Se.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; and Gregg Carman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The pro se petitioner, Khalfani Marion, appeals the summary dismissal of his petition for post-conviction relief, arguing that he should have been afforded an evidentiary hearing to consider whether due process tolled the statute of limitations in his case. The State concedes that an evidentiary hearing should have been held to determine whether the statute of limitations should be tolled due to the petitioner’s trial counsel’s having failed to timely inform him of our supreme court’s denial of his application for permission to appeal. We agree. Accordingly, we reverse the summary dismissal of the petition and remand for an evidentiary hearing to determine whether the circumstances require that the statute of limitations be tolled in this case.