Cumecus R. Cates v. State of Tennessee

The Petitioner, Cumecus R. Cates, appeals from the summary dismissal of his petition for post-conviction relief. The trial court summarily dismissed the petition based on its determination that the underlying conviction was on appeal to this Court. It is from the order of dismissal that the Petitioner appeals. The State concedes that the trial court erred in summarily dismissing the petition. We reverse the judgment of the trial court and remand this case for further proceedings.