Tony Thomas v. State of Tennessee

Syllabus

The petitioner, Tony Thomas, appeals the summary dismissal of his petition for postconviction relief, which petition challenged his 2010 conviction of aggravated sexual battery. In this appeal, the petitioner contends that the post-conviction court erred by summarily dismissing his petition on grounds that he had filed more than one petition for post-conviction relief and that the grounds in his petition had been previously determined. The post-conviction court correctly determined that the petitioner's claim that he was deprived of the effective assistance of counsel at trial was previously determined that portion of the court's order so holding is affirmed. Because the postconviction court erred by concluding that (1) the petitioner had filed more than one petition for post-conviction relief and (2) the remainder of the petitioner's claims for post-conviction relief had been previously determined, that portion of the court's order is reversed. The case is remanded for an evidentiary hearing on those claims not previously determined.