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Posted by: Tanja Trezise on Jan 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Martrell Holloway, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; and Amy P. Weirich, District Attorney General, for the appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Martrell Holloway, appeals the summary dismissal of his second petition for postconviction relief, which was filed during the statute of limitations period but after he previously withdrew his first petition before an evidentiary hearing was held. The postconviction court concluded that petitioner had waived the claims because they were the same as those contained in the first petition. In its brief, the State conceded that the postconviction court committed reversible error in doing so. Following our review, we conclude that the doctrine of waiver does not preclude petitioner from seeking post-conviction relief in this subsequent petition and reverse the judgment of the post-conviction court.