MARCUS PEARSON v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on May 8, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Marcus Pearson, Clifton, Tennessee, for the appellant, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Senior Counsel; Victor S. (Torry) Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Marcus Pearson, challenges the trial court’s dismissal of his post-conviction petition as barred by the one-year statute of limitations. He contends, and the State concedes, (1) that the date the trial court used to determine the timeliness of the petition was incorrect and (2) that an evidentiary hearing is necessary. We agree. Accordingly, the trial court’s dismissal of the post-conviction petition is reversed, and the case is remanded for the appointment of counsel and an evidentiary hearing.

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