Michael W. Carpenter v. State of Tennessee

Case Number
M2002-02187-SC-R11-PC

We granted review to determine whether the revocation of a community corrections sentence may be challenged in a post-conviction petition on the ground of ineffective assistance of counsel. The trial court found that the petitioner could not collaterally attack the revocation of his community corrections sentence in a post-conviction proceeding and dismissed the post-conviction petition. The Court of Criminal Appeals reversed the trial court's judgment and remanded for further proceedings. After reviewing the record and applicable authority, we agree with the Court of Criminal Appeals' conclusion that a petitioner may challenge the revocation of a community corrections sentence in a post-conviction proceeding and that the trial court erred in dismissing the petitioner's post-conviction petition. We therefore affirm the Court of Criminal Appeals' judgment and remand to the trial court for further proceedings.

Authoring Judge
Justice E. Riley Anderson
Originating Judge
Judge Seth W. Norman
Case Name
Michael W. Carpenter v. State of Tennessee
Date Filed
Dissent or Concur
No
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