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Posted by: Chandra Williams on Jul 28, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Roy Len Rogers, Pikeville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; James Michael Taylor, District Attorney General; and James William Pope III, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): PAGE

Petitioner, Roy Len Rogers, was convicted of first degree premeditated murder, second degree murder, and reckless endangerment. State v. Roy Len Rogers, No. E2011-02529- CCA-R3-CD, 2013 WL 5371987, at *1 (Tenn. Crim. App. Sept. 23, 2013), perm. app. denied (Tenn. Apr. 11, 2014). The trial court merged the second degree murder conviction into the first degree murder conviction and sentenced petitioner to a mandatory life sentence for the murder conviction and to a concurrent term of eleven months and twenty-nine days for the reckless endangerment conviction. Id. This court upheld petitioner?s conviction on direct appeal. Id. The pro se petitioner filed the instant petition for post-conviction relief, in which he alleged numerous infractions of the trial court, trial counsel, and the State. The post-conviction court summarily dismissed the petition, stating that the issues had been addressed in petitioner?s direct appeal. On appeal, petitioner argues that the post-conviction court erred by summarily dismissing his petition without appointing counsel. Following our review of the record, the parties? briefs, and the applicable law, we reverse the judgment of the post-conviction court and remand for appointment of counsel and further proceedings consistent with this opinion.