Bernard Henry v. State of Tennessee

The Petitioner, Bernard Henry, appeals from the Shelby County Criminal Court’s order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because he did not receive the effective assistance of trial counsel and because the post-conviction court improperly prevented him from presenting evidence that his appellate counsel was ineffective. After a review of the record, we conclude that the post-conviction court erred in denying the Petitioner an opportunity to be heard on his claim of ineffective assistance of appellate counsel. Accordingly, the case is remanded for further proceedings.