Kevin D. Buford v. State of Tennessee

Petitioner, Kevin D. Buford, appeals the post-conviction court’s denial of his petition for post-conviction relief. The post-conviction court found that although Petitioner’s appellate counsel was deficient for not timely filing his application for permission to appeal to the Tennessee Supreme Court, Petitioner was not prejudiced because the Tennessee Supreme Court would have ultimately denied the appeal. On appeal, the State concedes that Petitioner was entitled to a delayed appeal. Accordingly, we reverse the judgment of the post-conviction court and remand for further proceedings in compliance with Tennessee Supreme Court Rule 28.