Opinion

Connie Lee Arnold v. State of Tennessee - Dissenting

Court
Court of Criminal Appeals of Tennessee
Filed
Nov 13, 2002
Status
Published
On the bench
Judge Joseph M. Tipton
Cited by
0 cases
Authority
More cited than 30.0%

The opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

Assigned on Briefs September 25, 2002

CONNIE LEE ARNOLD v. STATE OF TENNESSEE

Direct Appeal from the Criminal Court for Carter County

No. S15534 Robert E. Cupp, Judge

No. E2001-02526-CCA-R3-PC

November 13, 2002

JOSEPH M. TIPTON, J., dissenting.

I respectfully dissent. I believe the pro se petition sufficiently complies with the 1995 Post-

Conviction Procedure Act and states a colorable claim for relief.

In reviewing the sufficiency of a post-conviction petition, we are to accept the allegations as

true, unless they are contrary to what has already been adjudicated. See Swanson v. State, 749

S.W.2d 731, 735 (Tenn. 1988). The petition alleges the following:

There was a Mistrial of this Case in Mountain City In July 1995 and

Judge Brown in Prejudice and Bias Moved it to The Carter County

Court.

....

Yet Petitioner from Arrest to Trial and ReTrial was subject to The

News Media Constant [Exploitation] of said Charges and No fair trial

could ever be had in Carter County and Counsel of [Record] Did

Nothing to prevent same to the harms way of [Petitioner] in his Day

in Court, and Unjust Verdicts, and Illegal Imprisonment for same.

I conclude that this alleges a colorable claim regarding the ineffective assistance of counsel for

failure to seek a change of venue in the face of bad publicity. I would remand the case to the trial

court for the appointment of counsel and counsel’s filing of a concise amendment to the petition

raising any legitimate grounds for relief the petitioner arguably has. See Tenn. S. Ct. R. 28 §

6(C)(2).

_____________________________

JOSEPH M. TIPTON, JUDGE

-2-

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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