Timothy A. Baxter v. State of Tennessee

The Petitioner, Timothy A. Baxter, appeals as of right from the Madison County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. The Petitioner contends that his petition stated cognizable claims for habeas corpus relief because it alleged numerous violations of his constitutional rights, ineffective assistance of his trial and appellate counsel, “pervasive governmental misconduct,” and insufficiency of the convicting evidence. Following our review, we reverse the judgment of the Circuit Court and remand the case for treatment of the petition as one for post-conviction relief and further proceedings consistent with the Post-Conviction Procedure Act.