Kenneth Gregory Allen v. State of Tennessee

The Petitioner, Kenneth Gregory Allen, appeals from the Marshall County Circuit Court’s summary dismissal of his pro se petition for post-conviction relief. On appeal, the Petitioner asserts that the post-conviction court erred in failing to acknowledge his claim of ineffective assistance of counsel and dismissing his petition based solely on finding that the issues raised therein were previously determined. Upon review, we reverse the judgment of the post-conviction court and remand for appointment of counsel and an evidentiary hearing with regard to the Petitioner’s ineffective assistance of counsel claim.