Ronald Yates v. State of Tennessee

The petitioner, Ronald Yates, appeals the post-conviction court’s dismissal of his petition for postconviction relief, arguing that dismissal was improper because the court did not make specific findings or conduct an evidentiary hearing. He additionally argues that if the court’s intent was to dismiss on grounds that the issue of ineffective assistance of counsel had been previously determined, such action was in error because he had different trial and appellate counsel. After review, we conclude that the post-conviction court erred in dismissing the petition without conducting an evidentiary hearing as to the petitioner’s claim of ineffective assistance of appellate counsel. Therefore, we reverse the dismissal and remand for proceedings consistent with the Post-Conviction Procedure Act.