Andre Terry v. State of Tennessee

Syllabus

Petitioner, Andre Terry, appeals the Knox County Criminal Court's denial of his petition for post-conviction relief. Petitioner asserts on appeal that the post-conviction court erred in concluding that he received the effective assistance of trial counsel, specifically as it related to his failure to procure a plea offer from the State. The State counters that the postconviction court properly denied relief. We ordered supplemental briefing as to whether the post-conviction court had jurisdiction to consider this petition. We hold that the postconviction court did not have jurisdiction to consider the petition because the pro se postconviction petition was deficient, and thus a nullity, and the amended petition was filed outside of the statute of limitations. Accordingly, we vacate the judgment of the postconviction court and dismiss the petition.