        IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
                         AT NASHVILLE
                           Assigned on Briefs June 21, 2016

             CHRISTOPHER LEWIS v. STATE OF TENNESSEE

                  Appeal from the Circuit Court for Putnam County
                       No. 100875 David A. Patterson, Judge
                      ___________________________________

               No. M2015-01198-CCA-R3-PC – Filed October 31, 2016
                     ___________________________________


TIMOTHY L. EASTER, J., concurring.

      I unenthusiastically agree with the conclusion reached by the majority. The legal
soundness and logical result reached by the post-conviction court effectively delivers a
wound to Petitioner by the hand of his out-of-state post-conviction attorney. Such a
wound is a mortal shot to Petitioner’s chances of post-conviction review.

        I write separately to clearly state that, in my view, the post-conviction court was
true to the law and its clear meaning. “Shall” means “shall.” See T.C.A. § 40-30-104(e);
Tenn. Sup. Ct. R. 28 §5(E)(2) & §6(C)(3)(4). The post-conviction court understood this
directive and so do I. However, weighing post-conviction counsel’s misfire against the
injustice to Petitioner, Petitioner should be allowed to reload and try again.


                                             ____________________________________
                                             TIMOTHY L. EASTER, JUDGE
