Swanson v. State

OPINION

DROWOTA, Justice.

In this case, the State of Tennessee, Respondent, appeals a decision of the Court of Criminal Appeals in favor of post-conviction Petitioner, William L. Swanson. This is Petitioner’s second Petition for Post-Conviction Relief under the Post-Conviction Procedure Act, T.C.A. §§ 40-30-101, et seq. (the Act). 1 The issue in this case is whether the grounds for relief asserted by Petitioner have been waived within the meaning of T.C.A. § 40-30-112(b), which provides:

“(1) A ground for relief is ‘waived’ if the petitioner knowingly and understandingly failed to present it for…