WILLIAMS v. STATE


831 S.W.2d 281 (1992)

Warren D. WILLIAMS, Appellee, v. STATE of Tennessee, Appellant.

Supreme Court of Tennessee, at Knoxville.

May 4, 1992.


Attorney(s) appearing for the Case

C. Anthony Daughtrey, Asst. Atty. Gen., Charles W. Burson, Atty. Gen. and Reporter, Nashville, for appellant.

Thomas V. Testerman, Newport, for appellee.


OPINION

DAUGHTREY, Justice.

This appeal concerns the effect of a voluntary withdrawal of a petition for post-conviction relief, under T.C.A. § 40-30-115(a). That statute provides that a court "may grant leave to withdraw the petition at any time prior to the entry of the judgment." Despite the fact that subsection 115(a) is silent on the effect of such a withdrawal, the trial court in this case ruled that it would necessarily require dismissal with...

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