RICHARD HERRERA v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Apr 11, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Richard Herrera, Tiptonville, Tennessee, pro se.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; and Clarence E. Lutz, Assistant Attorney General, for the appellee, State of Tennessee.

Judge(s): WITT

The petitioner, Richard Herrera, appeals from the second summary dismissal of his petition for post-conviction relief, alleging that the post-conviction court erred by summarily dismissing the petition after this court remanded the case for an evidentiary hearing. Because the post-conviction court erred by summarily dismissing the petition, we reverse the judgment of the post-conviction court and remand the case to the post-conviction court for the appointment of counsel and an evidentiary hearing on the petitioner’s claim of ineffective assistance of counsel.

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