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· 12/11/2023

Henry Moore v. State of Tennessee

Syllabus

The pro se petitioner, Henry Moore, appeals the denial of his petition for post-conviction or habeas corpus relief, which petition challenged his guilty-pleaded conviction of evading arrest, alleging that the stop and seizure of his vehicle was unlawful, that his guilty plea was involuntary, that the evidence was insufficient to support his conviction, and that he was deprived of the effective assistance of counsel. Because the petitioner's claims are not cognizable in a habeas corpus proceeding, the trial court properly denied habeas corpus relief. Because, however, some of the petitioner's claims are cognizable in post-conviction proceedings and because the petition was not untimely, the trial court erred by summarily dismissing the petition as one for post-conviction relief. We reverse the judgment of the trial court and remand the case for further post-conviction proceedings.

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