Williams v. State

OPINION

DAUGHTREY, Justice.

This appeal concerns the effect of a voluntary withdrawal of a petition for post-conviction relief, under T.C.A. § 40-30-115(a). That statute provides that a court “may grant leave to withdraw the petition at any time prior to the entry of the judgment.” Despite the fact that subsection 115(a) is silent on the effect of such a withdrawal, the trial court in this case ruled that it would necessarily require dismissal with prejudice. We disagree.

The record indicates that Warren Williams filed a petition for post-conviction relief, alleging that he did not knowingly and…