Shawn Blair v. State of Tennessee

The Petitioner, Shawn Blair, appeals the post-conviction court’s dismissal of his petition for post-conviction relief from his two convictions for simple possession of marijuana and resulting sentences of eleven-months, twenty-nine days for each conviction to be served consecutively. The post-conviction court summarily dismissed the petition without appointing counsel or conducting a hearing on the basis that the Petitioner had filed it while his direct appeal was pending. The Petitioner argues that he is entitled to post-conviction relief because he did not plead guilty knowingly and voluntarily and because he received the ineffective assistance of counsel. The State contends that the post-conviction court improperly dismissed the petition because the  Petitioner did not file it prematurely. Upon review of the record and the parties’ briefs, we reverse the judgment of the post-conviction court and remand the case for further proceedings consistent  with this opinion.