STATE OF TENNESSEE v. ROBERT KIZER - Articles

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Posted by: Brittany Sims on Jun 24, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

James L. Baum, Burns, Tennessee; Drew W. Taylor, Assistant Public Defender, Ashland City, Tennessee, for the appellant, Robert Kizer.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Michelle L. Consiglio-Young, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; Sarah Wojnarowski, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Robert Kizer, appeals from the Stewart County Circuit Court’s summary dismissal of his petition for post-conviction relief after a 2009 guilty plea to the sale of cocaine. Petitioner argues he was deprived of due process because the court dismissed his post- conviction petition without a hearing or notice during his probation revocation hearing, and that the post-conviction court erred by concluding that the petition was untimely. We agree, and we remand this case for further post-conviction proceedings.

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