Childress v. State

OPINION

CORNELIUS, Judge.

Barry L. Childress filed pro se a petition for post-conviction relief. Without appointment of counsel or an evidentiary hearing the trial court dismissed the petition.

Appellate counsel, appointed by this Court, assigns two issues; the dismissal without requiring the district attorney’s compliance with T.C.A. § 40-30-114(b), and the failure of the trial court to hold an evidentiary hearing on the allegation of ineffective assistance of counsel. The State has submitted the case without recommendation.

The judgment of the trial court is reversed and the case remanded.

The…