Deshaun Fly Smith v. State of Tennessee

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE December 15, 2004 Session DESHAUN FLY SMITH v. STATE OF TENNESSEE Direct Appeal from the Criminal Court for Davidson County No. 96-A-155 Randall J. Wyatt, Judge No. M2004-00719-CCA-R3-PC - Filed February 25, 2005 On appeal, the petitioner avers that the post-conviction court erred in: (1) failing to rule on post- conviction counsel’s motion to withdraw prior to ruling on the post-conviction petition; (2) dismissing the petition summarily; and (3) dismissing the post-conviction petition in an untimely manner. Upon review, we conclude…