Hutcherson v. State

OPINION

JOSEPH M. TIPTON, J„

delivered the opinion of the court,

in which JAMES CURWOOD WITT, JR., and JOHN EVERETT WILLIAMS, JJ., joined.

The petitioner, Curtis L. Hutcherson, appeals from the summary dismissal of his post-conviction claim for relief from a 1999 conviction for selling heroin. The trial court concluded that the petition failed to state a cause of action. Although we agree with the trial court’s literal conclusion, we believe that the circumstances in this case warrant allowing the petitioner the opportunity to amend his petition pursuant to TenmCode Ann. § 40-30-206(d). The…