Bobby Dewayne Presley v. State of Tennessee - Dissent

I agree with the majority that this case has a “mystifying” procedural history.  I write separately to express my concerns regarding the authority of the Petitioner’s mother, acting through a standard form durable power of attorney, to dismiss the Petitioner’s direct appeal of his 2011 conviction.  Equally concerning is the waiver by the Petitioner’s mother of appellate counsel’s conflict in representing the Petitioner during his direct appeal and post-conviction proceedings.  As the majority notes, the issue of the Petitioner’s mother authority to act on behalf of the Petitioner was not raised.