Charles R. Johnson v. State of Tennessee

Syllabus

After being convicted of several drug offenses, Charles R. Johnson, Petitioner, was sentenced to an effective thirty-year sentence. State v. Johnson, No. E2021-01106-CCA-R3-CD, 2023 WL 3535344, at 1 (Tenn. Crim. App. May 18, 2023), no perm. app. filed. Petitioner's direct appeal was unsuccessful. He sought post-conviction relief by filing a pro se petition in which he argued that trial counsel was ineffective and that his due process rights were violated in various ways. The post-conviction court summarily dismissed the petition without appointment of counsel. On appeal, Petitioner argues that the post-conviction court improperly dismissed the petition. After a review, we affirm the post-conviction court's summary dismissal of Petitioner's standalone due process claims. However, we reverse and remand the post-conviction court's summary dismissal of Petitioner's claims of ineffective assistance of counsel without appointment of counsel or a hearing. Consequently, the judgment of the post-conviction court is affirmed in part, reversed in part, and remanded. On remand, the post-conviction court should appoint counsel for Petitioner, allow Petitioner to amend his pro se petition, and hold a hearing on the petition.