Joseph A. Maine v. State of Tennessee

On May 12, 1998, the petitioner, Joseph A. Maine, pled guilty in the Cocke County Circuit Court to one count of first degree murder and one count of conspiracy to commit first degree murder. The trial court sentenced the petitioner to life imprisonment in the Tennessee Department of Correction for the murder conviction and to twenty-five years incarceration in the Department for the conspiracy conviction. The petitioner filed a pro se petition for post-conviction relief alleging that his convictions were based upon unlawful guilty pleas, that his convictions were based on a violation of the privilege against self-incrimination, and that his plea counsel was ineffective. The post-conviction court appointed counsel, and an amended petition was filed contending that the petitioner was misinformed about his release eligibility date. The post-conviction court dismissed the petition for relief without holding an evidentiary hearing, and the petitioner appeals that dismissal. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand this case for an evidentiary hearing.