Christopher Lewis v. State of Tennessee

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 ___________________________________

No. M2015-01198-CCA-R3-PC – Filed October 31, 2016

___________________________________ 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.

____________________________________ TIMOTHY L. EASTER, JUDGE