Troy Lynn Fox v. State of Tennessee

The Petitioner, Troy Lynn Fox, appeals the Wilson County Criminal Court’s summary dismissal of his petition for post-conviction relief from his conviction of first degree premeditated murder and resulting sentence of life in the Department of Correction.  On appeal, he contends that his petition states a colorable claim for relief under the Post-Conviction Procedure Act, thus entitling him to counsel and to an evidentiary hearing. The State concedes that the trial court erred.  Based upon the record and the parties’ briefs, we agree with the Petitioner and the State, reverse the trial court’s order dismissing the petition, and remand this case to the trial court for the appointment of counsel and an evidentiary hearing.