Oscar C. Wells v. State of Tennessee

The Appellant, Oscar C. Wells, proceeding pro se, appeals the summary dismissal of his petition for post-conviction relief as being time barred. On appeal, Wells asserts that his petition was timely filed because he delivered the petition to the appropriate prison official within the requisite one-year limitation period as authorized by Supreme Court Rule 28. The post-conviction court dismissed the petition as time barred because the petition was stamped “filed” by the Shelby County Criminal Court Clerk’s office outside the one-year period. Because these allegations present a factual dispute as to whether Wells’ petition was timely filed, we vacate the judgment of the post-conviction court and remand for resolution of this issue.