Hugh Peter Bondurant v. State of Tennessee

The Appellant was convicted in 1991 of second degree murder, and his conviction was affirmed on direct appeal. He subsequently filed a "PETITION FOR RELIEF FROM CONVICTION OR SENTENCE PURSUANT TO TENNESSEE CODE ANNOTATED 40-30-301 THROUGH 40-30-312," and the trial court summarily dismissed the petition relying upon the Post-Conviction Procedure Act. The Appellant now appeals the summary dismissal of his opinion. Our review of the complete petition filed by the Appellant reveals that, despite the statutory sections inappropriately cited in its title, the Appellant sought relief under the Post-Conviction DNA Analysis Act. We therefore reverse the judgment of the trial court and remand to the trial court for findings of fact pursuant to the Post-Conviction DNA Analysis Act.