Tony Thomas v. State of Tennessee

The petitioner, Tony Thomas, appeals the summary dismissal of his petition for post-conviction relief, which petition challenged his 2010 conviction of aggravated sexual battery. In this appeal, the petitioner contends that the post-conviction court erred by summarily dismissing his petition on grounds that he had filed more than one petition for post-conviction relief and that the grounds in his petition had been previously determined. The post-conviction court correctly determined that the petitioner’s claim that he was deprived of the effective assistance of counsel at trial was previously determined; that portion of the court’s order so holding is affirmed. Because the postconviction court erred by concluding that (1) the petitioner had filed more than one petition for
post-conviction relief and (2) the remainder of the petitioner’s claims for post-conviction relief had been previously determined, that portion of the court’s order is reversed. The case is remanded for an evidentiary hearing on those claims not previously determined.