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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON APRIL 1997 SESSION

LEWIS MOORLET, Appellant,

v.

STATE OF TENNESSEE, Appellee.

) ) ) ) ) ) ) ) ) ) )

No. 02C01-9605-CR-00175 Shelby County Honorable James C. Beasley, Jr., Judge (Post-Conviction)

For the Appellant: Lewis Moorlet, Pro Se Cold Creek Correctional Facility P.O. Box 10000 Henning, TN 38041-1000

For the Appellee: Charles W. Burson Attorney General of Tennessee and M. Allison Thompson Assistant Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti, Jr. District Attorney General and Janet Shipman Assistant District Attorney General 201 Poplar Avenue Memphis, TN 38103-1947

OPINION FILED:____________________

AFFIRMED Joseph M. Tipton Judge

OPINION

The petitioner, Lewis Moorlet, appeals as of right from the Shelby County Criminal Court's dismissal of his second petition for post-conviction relief relative to his 1988 conviction for first degree murder and resulting life sentence. The petitioner contends that the trial court erred in dismissing the petition without providing him counsel, the opportunity to amend the petition, and an evidentiary hearing upon his petition. We disagree.

The petitioner's conviction was affirmed on appeal. State v. James Morning Craft, Jr., and Lewis Moorlet, No. 31, Shelby County (Tenn. Crim. App. Mar. 8, 1989), app. denied (Tenn. Aug. 7, 1989). The petitioner filed a petition for postconviction relief that was denied after an evidentiary hearing. The denial was affirmed on appeal. Lewis Moorlet v. State, No. 02C01-9405-CR-00090 (Tenn. Crim. App. Nov. 30, 1994).

In this case, the petitioner filed his second petition for post-conviction relief on April 18, 1996. The trial court found that the petitioner had previously filed and litigated a post-conviction case. It concluded that pursuant to T.C.A.

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