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David Hartsell v. State of Tennessee
Citation: Not availableDocket: E2003-03080-CCA-R3-PC
Court: Court of Criminal Appeals of Tennessee; May 28, 2004; Tennessee; State Appellate Court
Original Court Document: View Document
David Johnson Hartsell appeals the dismissal of his post-conviction relief petition by the Circuit Court for Washington County. Hartsell was previously convicted on three counts of felony driving under the influence and two counts of failure to appear, receiving five consecutive one-year sentences on May 12, 2003. He did not file a direct appeal. On August 12, 2003, he submitted an unsworn petition seeking relief based on "mitigating facts and circumstances" related to his cases and family life. The post-conviction court dismissed the petition without a hearing, stating it lacked verified facts to support a viable claim for relief and denied Hartsell's request for counsel. The court cited precedents allowing for summary dismissal of non-meritorious petitions without an evidentiary hearing. Hartsell's appeal was deemed untimely as the notice was filed after the deadline; however, the court decided to waive the timeliness issue in the interest of justice due to his pro se status. Ultimately, the Court of Criminal Appeals affirmed the trial court's dismissal, agreeing that Hartsell's petition did not present a colorable claim by failing to provide specific facts related to his constitutional rights. The state’s motion to affirm the trial court's judgment was granted.