Christopher Lewis v. State of Tennessee ( 2016 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs June 21, 2016
CHRISTOPHER LEWIS v. STATE OF TENNESSEE
Appeal from the Circuit Court for Putnam County
No. 100875 David A. Patterson, Judge
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No. M2015-01198-CCA-R3-PC – Filed October 31, 2016
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TIMOTHY L. EASTER, J., concurring.
I unenthusiastically agree with the conclusion reached by the majority. The legal
soundness and logical result reached by the post-conviction court effectively delivers a
wound to Petitioner by the hand of his out-of-state post-conviction attorney. Such a
wound is a mortal shot to Petitioner’s chances of post-conviction review.
I write separately to clearly state that, in my view, the post-conviction court was
true to the law and its clear meaning. “Shall” means “shall.” See T.C.A. § 40-30-104(e);
Tenn. Sup. Ct. R. 28 §5(E)(2) & §6(C)(3)(4). The post-conviction court understood this
directive and so do I. However, weighing post-conviction counsel’s misfire against the
injustice to Petitioner, Petitioner should be allowed to reload and try again.
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TIMOTHY L. EASTER, JUDGE