Matthew B. Foley v. State of Tennessee

The Petitioner, Matthew B. Foley, appeals as of right from the Rutherford County Circuit Court’s summary dismissal of his petition for post-conviction relief as untimely.  He asserts that the statute of limitations should be tolled because he did not learn until well after its expiration that the State sought to enforce the provisions of the sexual offender registration act against him contrary to the terms of his plea agreement.  Following our review, we reverse the judgment of the post-conviction court and remand the case for an evidentiary hearing.