Homer T. Rivers v. State of Tennessee

The petitioner, Homer T. Rivers, appeals from the Hardeman County Circuit Court’s dismissal of his post-conviction petition. He claims that the trial court erred in dismissing his petition for failure to state a colorable claim and seeks appointment of counsel and an evidentiary hearing. The state agrees that the trial court should not have dismissed the petition. We agree and reverse the dismissal and remand the case for further proceedings.