Case Number
W2018-00786-CCA-R3-PC
The Petitioner, Antonio Howard, filed a petition for post-conviction relief, alleging, among other things, that trial counsel was ineffective for failing to file a timely motion for new trial. After a review of the record, we hold that the Petitioner’s trial counsel was deficient in this regard and that the Petitioner was presumptively prejudiced by the deficiency. Therefore, we reverse the judgment of the post-conviction court denying the petition and remand this case with instructions to that court that it grant the Petitioner a delayed appeal, beginning with the right to file a delayed motion for new trial.
Originating Judge
Judge James M. Lammey, Jr.
Case Name
Antonio Howard v. State of Tennessee
Date Filed
Dissent or Concur
No
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