James T. Spurling v. State of Tennessee

The petitioner, James T. Spurling, appeals the post-conviction court's summary dismissal of his pro se petition as untimely. Because the petitioner's claims, when taken as true, allege attorney misrepresentation concerning the filing of a post-conviction petition, we conclude that an evidentiary hearing is necessary to determine: (1) whether due process tolled the limitations period because counsel did, in fact, assure the petitioner that he would continue his representation through the filing of a post-conviction petition; and if so, (2) whether the petitioner was within the reasonable opportunity afforded him by due process. Therefore, we reverse the post-conviction court's dismissal of the petition and remand the matter for an evidentiary hearing.