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Posted by: Tanja Trezise on Oct 31, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Dallas Wyley, Tiptonville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy Weirich, District Attorney General; and Lora Fowler, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Dallas Wyley (“the Petitioner”) pleaded guilty to one count of attempt to commit first degree premeditated murder, one count of attempt to commit especially aggravated robbery, and one count of employing a firearm during the commission of a dangerous felony. For these offenses, the Petitioner was sentenced to an effective term of twenty-one years. The incarcerated Petitioner subsequently filed for post-conviction relief, pro se, which the postconviction court dismissed summarily as untimely. The Petitioner adduced proof that his petition was filed timely pursuant to Tennessee Supreme Court Rule 28. The State concedes that the Petitioner is entitled to a hearing on the issue of whether his petition was filed timely. We hold that the post-conviction court erred in summarily dismissing the Petitioner’s claim for relief as untimely. Accordingly, we reverse the judgment of the post-conviction court and remand this matter for a hearing to determine whether the petition for post-conviction relief was filed timely and for such other proceedings as may be necessary.