Quincy Scott v. State of Tennessee
E2021-00400-CCA-R3-PC
| Tenn. Crim. App. | Jun 9, 2022Background
- Petitioner Quincy Scott pleaded guilty to sale of ≥ .5 grams of cocaine and received an eight-year sentence on supervised probation.
- A probation-violation report alleged Scott was arrested and convicted of aggravated robbery; the trial court subsequently revoked his probation and this court affirmed on direct appeal.
- Scott filed a pro se post-conviction petition asserting ineffective assistance of counsel at the probation-revocation hearing for failing to file a motion to dismiss the violation warrant based on a speedy-trial claim; counsel was later appointed and an amended petition was filed.
- The State moved to dismiss, arguing the Post-Conviction Procedure Act does not permit collateral attacks on probation-revocation proceedings; the trial court granted summary dismissal.
- The Court of Criminal Appeals affirmed, relying on long-standing precedent that post-conviction relief is not available to attack probation revocations, while noting Carpenter v. State preserves post-conviction review for community-corrections revocations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether petitioner may pursue a post-conviction claim of ineffective assistance of counsel to challenge a probation-revocation proceeding | Scott: counsel was ineffective for failing to file a motion to dismiss the violation warrant on speedy-trial grounds | State: Post-Conviction Procedure Act bars collateral attacks on probation-revocation proceedings; dismissal proper | Court affirmed dismissal; post-conviction relief not available to collaterally attack probation revocation (following Young); Carpenter limited to community-corrections revocation contexts |
Key Cases Cited
- Young v. State, 101 S.W.3d 430 (Tenn. Crim. App. 2002) (Post-Conviction Procedure Act does not permit collateral attack on probation-revocation proceedings)
- Carpenter v. State, 136 S.W.3d 608 (Tenn. 2004) (ineffective-assistance claims in revocation of community-corrections sentences may be raised in post-conviction proceedings because resentencing is implicated)