A jury found the
petitioner guilty of first-degree murder on December 5,
1991, and a
trial court subsequently sentenced the petitioner to life imprisonment.
timely appealed to this Court, which affirmed the petitioner's convictions.
State v. Kelley,
868 S.W.2d 733 (Tenn. Crim. App. 1993). The petitioner's counsel,
failed to file an application to appeal by permission to the
for further review.
On May 3, 1995,
the petitioner filed a petition for post-conviction relief,
alia, that his counsel was ineffective for failing to timely seek review by
Supreme Court. At the post-conviction hearing, the petitioner testified
conviction had been affirmed by the Court of Criminal Appeals, he never
with Mr. Rogers
or received any advice or information on how to
file a pro se appeal or
attorney to file an appeal to the Tennessee Supreme Court. Mr.
He did not recall advising the petitioner of his option to appeal to
and admitted it just "fell between the tracks and the cracks." The
found that the petitioner's counsel was ineffective for failing to notify
his option to seek review by the Tennessee Supreme Court. The post-
denied relief on the other grounds alleged in the petitioner's
finding them to
be without merit.
On appeal, the
petitioner argues only that he is entitled to seek delayed
review by the
Supreme Court. The State concedes. Considering the trial court's
petitioner's counsel failed to notify the petitioner of his option to seek
Court, we conclude that the petitioner is entitled to a delayed