Pedro Ignacio Hernandez v. State of Tennessee

The Petitioner, Pedro Ignacio Hernandez, appeals the post-conviction court’s summary dismissal of his post-conviction petition without a hearing to determine whether due process dictates the tolling of the statute of limitations. The State concedes that the
post-conviction court erred in dismissing the petition without a hearing to address the Petitioner’s tolling argument. We agree. We reverse the judgment of the post-conviction court and remand for appointment of counsel and a hearing to determine whether the Petitioner is entitled to due process tolling of the statute of limitations.