Donnie W. Foulks v. State of Tennessee

The petitioner, Donnie W. Foulks, appeals the summary dismissal of his petition for post-conviction relief. The post-conviction court, citing Tennessee Code Annotated section 40-30-202(c) (1997), determined that the petitioner had previously filed a petition for post-conviction relief and was therefore precluded from seeking relief in a second proceeding. Concluding that the post-conviction court failed to consider that the petitioner's first post-conviction petition was not resolved on the merits, we reverse the judgment of the post-conviction court and remand for further proceedings.