KEVIN LEE JOHNSON v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on May 22, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Kevin Lee Johnson, Clifton, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Robert James Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Kevin Lee Johnson, appeals as of right from the Marshall County Circuit Court’s summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in summarily dismissing his petition for post-conviction relief for two separate convictions: (1) a 2012 conviction for driving after having been declared a motor vehicle habitual offender (“MVHO”) and (2) a 2013 conviction for failure to appear. Following our review, we affirm the post-conviction court’s summary dismissal of the Petitioner’s claim regarding his 2012 MVHO conviction for having been untimely filed. However, we reverse the post-conviction court’s summary dismissal of the Petitioner’s claim regarding his 2013 failure to appear conviction because the Petitioner stated a colorable claim for relief and remand the case to the post-conviction court for further proceedings consistent with this opinion.

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