MELVIN J. REED, JR., v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on May 31, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Melvin J. Reed, Jr., Pikeville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The petitioner, Melvin J. Reed, Jr., appeals the summary dismissal of his petition for postconviction relief as untimely. In this appeal, he asserts that the post-conviction court erred by summarily dismissing his petition because principles of due process require the tolling of the statute of limitations in his case. Because we agree that the petitioner alleged grounds for due process tolling of the post-conviction statute of limitations, we reverse the dismissal of his petition and remand the case for a hearing to determine whether due process requires tolling of the statute of limitations.

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