State of Tennessee v. Roy Rogers, Jr.

Syllabus

For the third time in this Court, Defendant, Roy Rogers, Jr., challenges his convictions for initiating the manufacturer of methamphetamine, promoting the manufacture of methamphetamine, possession of drug paraphernalia, and criminal impersonation, for which he received a total effective sentence of twelve years. See State v. Roy Rogers, Jr., No. W2015-00988-CCA-R3-CD, 2016 WL 1045352, at 1-2 (Tenn. Crim. App. Mar. 15, 2016) (\Rogers I\), no perm. app. filed Roy Rogers, Jr. v. State, No. W2017-01939-CCA-R3-PC, 2018 WL 6075655, at 1 (Tenn. Crim. App. Nov. 20, 2018) (\Rogers II\), no perm. app. filed. Defendant appeals after the post-conviction court denied his motion for new trial after remand. Because the post-conviction court failed to follow the directive of this Court on remand after Rogers II, we reverse the judgment of that court and remand the case with the same instructions given by this Court in Rogers II, for the post-conviction court to: (1) conduct an evidentiary hearing on Defendant's postconviction petition (2) determine whether Defendant is entitled to a delayed appeal and (3) if the post-conviction court holds the hearing and determines Defendant is entitled to a delayed appeal, enter an order that (a) allows Defendant to file a new motion for new trial, and (b) stays the post-conviction proceedings on Defendant's remaining claims until the resolution of the delayed appeal.