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FILED
November 3, 1998
Cecil Crowson, Jr.
Appellate C ourt Clerk
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
SEPTEMBER 1998 SESSION
LARRY KELLEY,
))
C.C.A. NO. 03C01-9802-CC-00049
Appellant,
))
BRADLEY COUNTY
VS.
))
HON. CARROLL L. ROSS,
STATE OF TENNESSEE,
)
JUDGE
)
Appellee.
)
(Post-Conviction)
FOR THE APPELLANT:
FOR THE APPELLEE:
ASHLEY OWNBY
JOHN KNOX WALKUP
180 North Ocoee St.
Attorney General & Reporter
Cleveland, TN 37311
(On Appeal)
ELIZABETH B. MARNEY
Asst. Attorney General
STEVEN DAVIS CRUMP
John Sevier Bldg.
P.O. Box 42
425 Fifth Ave., North
Cleveland, TN 37364-0042
Nashville, TN 37243-0493
(At Hearing)
JERRY N. ESTES
District Attorney General
REBBLE JOHNSON
Asst. District Attorney General
P.O. Box 1351
Cleveland, TN 37364
OPINION FILED:____________________
DELAYED APPEAL GRANTED
JOHN H. PEAY,
Judge

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2
O P I N I O N
A jury found the petitioner guilty of first-degree murder on December 5,
1991, and a trial court subsequently sentenced the petitioner to life imprisonment. The
petitioner timely appealed to this Court, which affirmed the petitioner's convictions. See
State v. Kelley, 868 S.W.2d 733 (Tenn. Crim. App. 1993). The petitioner's counsel, Mr.
Randy Rogers, failed to file an application to appeal by permission to the Tennessee
Supreme Court for further review.
On May 3, 1995, the petitioner filed a petition for post-conviction relief,
alleging, inter alia, that his counsel was ineffective for failing to timely seek review by the
Tennessee Supreme Court. At the post-conviction hearing, the petitioner testified that
after his conviction had been affirmed by the Court of Criminal Appeals, he never spoke
with Mr. Rogers or received any advice or information on how to file a pro se appeal or
retain another attorney to file an appeal to the Tennessee Supreme Court. Mr. Rogers
also testified. He did not recall advising the petitioner of his option to appeal to the
Supreme Court and admitted it just "fell between the tracks and the cracks." The post-
conviction court found that the petitioner's counsel was ineffective for failing to notify the
petitioner of his option to seek review by the Tennessee Supreme Court. The post-
conviction court denied relief on the other grounds alleged in the petitioner's petition,
finding them to be without merit.
On appeal, the petitioner argues only that he is entitled to seek delayed
review by the Supreme Court. The State concedes. Considering the trial court's finding
that the petitioner's counsel failed to notify the petitioner of his option to seek review by
the Supreme Court, we conclude that the petitioner is entitled to a delayed appeal.

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3
Therefore, we vacate our judgment in State v. Kelley, 868 S.W.2d 733 (Tenn. Crim. App.
1993)(C.C.A. No. 03C01-9207-CR-00239, filed August 11, 1993), and reinstate it as of
the date of release of this opinion, for the sole purpose of reinstating the time allowed to
file his application seeking permission to appeal his conviction to the Tennessee
Supreme Court.
_______________________________
JOHN H. PEAY, Judge
CONCUR:
______________________________
JOSEPH M. TIPTON, Judge
______________________________
DAVID G. HAYES, Judge