Abston v. State

OPINION

LLOYD TATUM, Special Judge.

This is an appeal by Ricky Abston from a judgment denying post-conviction relief without an evidentiary hearing. The trial judge held that the petition for post-conviction relief was barred by the Statute of Limitations (T.C.A. § 40-30-102) and that the petitioner knowingly and understandingly waived his rights to file this petition on the ground that the issues were not raised on a previous petition for post-conviction relief. We reverse and remand for trial.

The petition attacks two convictions for armed robbery, numbers 69449 and 69450. These convictions…