Demarcus Ant-Juan Nelson v. State of Tennessee

DeMarcus Ant-Juan Nelson (“the Petitioner”) filed a pro se petition for post-conviction relief which included a request for permission to file a delayed application to appeal to the Tennessee Supreme Court pursuant to Tennessee Rule of Appellate Procedure 11 and other post-conviction relief claims. The post-conviction court entered a single order that granted the delayed appeal and dismissed the remaining claims. On appeal, the Petitioner argues that the post-conviction court erred when the court did not stay his remaining post-conviction claims pursuant to Tennessee Supreme Court Rule 28 until after the final disposition of the delayed appeal. After a review of the record and applicable law, the judgment of the post-conviction court is reversed in part, and this case remanded for further proceedings consistent with this opinion.