JOSEPH FLOYD v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Aug 30, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph A. McClusky, Memphis, Tennessee, for the appellant, Joseph Floyd.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Stephen W. Ragland, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Joseph Floyd, appeals the summary dismissal of his petition for post-conviction relief from his DUI and reckless driving convictions, arguing that the post-conviction court erred in dismissing the petition based on a lack of jurisdiction because his probation had expired. The State concedes that the court erroneously dismissed the petition for lack of jurisdiction, and we agree. Accordingly, we reverse the judgment of the post-conviction court and remand for an evidentiary hearing on the merits of the petition.

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