HERMAN SOWELL, JR. v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Feb 7, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Herman Sowell, Jr., Pikeville, Tennessee, Pro Se.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Jennings H. Jones, District Attorney General; and Dana S. Minor, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WEDEMEYER

In 2011, the Petitioner, Herman Sowell, Jr., pleaded nolo contendre to attempted aggravated rape, attempted aggravated sexual battery, and incest, and the trial court sentenced him to fifteen years, at 30%. The trial court ordered a “time served” sentence followed by probation. In April 2013, after the statute of limitations had expired, the Petitioner filed a petition for post-conviction relief, using a separate case number but challenging as ineffective the representation of his counsel for the November 2011 case. At some point thereafter, the trial court revoked the Petitioner’s probation. The Petitioner amended his petition for post-conviction relief to challenge his November 2011 convictions. The post-conviction court summarily dismissed the post-conviction petition. We affirm the post-conviction court’s judgment.

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