Opinion

Charles Glen Connor v. State of Tennessee

Court
Court of Criminal Appeals of Tennessee
Filed
Sep 27, 2018
Status
Published
On the bench
Judge Camille R. McMullen
Cited by
0 cases
Authority
More cited than 5.4%

The opinion

09/27/2018

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs April 18, 2018

CHARLES GLEN CONNOR v. STATE OF TENNESSEE1

Appeal from the Criminal Court for Davidson County

No. 2012-B-1666 Mark J. Fishburn, Judge

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No. M2017-01003-CCA-R3-PC

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The Petitioner, Charles Glen Connor, appeals from the Davidson County Criminal

Court’s denial of post-conviction relief arguing (1) that “the State failed to provide and

defense counsel failed to seek discoverable recorded interviews of witnesses in violation

of Brady v. Maryland, [373 U.S. 83 (1963)],” and (2) that trial counsel “failed to keep

[the Petitioner] informed of the evidence against him.” 2 After a thorough review of the

record, we affirm the judgment of the post-conviction court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

CAMILLE R. MCMULLEN, J., delivered the opinion of the court, in which JOHN EVERETT

WILLIAMS and ROBERT W. WEDEMEYER, JJ., joined.

Nathan D. Cate, Madison, Tennessee, for the Petitioner, Charles Glen Connor.

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel;

Glenn Funk, District Attorney General; and Vince Wyatt, Assistant District Attorney

General, for the appellee, State of Tennessee.

OPINION

On February 6, 2012, the Petitioner was in his home with two other individuals,

Fancy McCord and Kevin Lowe, smoking crack cocaine. At some point, Kevin Lowe

attempted to take the Petitioner’s television, and the Petitioner shot him in the leg. Upon

hearing the shot, a neighbor called police. When the initial responding officers arrived,

1

The Petitioner’s name is spelled in various ways throughout the record. For purposes of this

appeal, we will spell it as indicated in the indictment.

2

The Petitioner raised several other issues in his pro se and amended petitions for post-conviction

relief. None of those issues are raised on appeal and are therefore waived.

the Petitioner threatened them with his gun. Nashville Metro Police Department’s

S.W.A.T. team was then called, and a two-hour stand-off ensued. When S.W.A.T.

ultimately entered the Petitioner’s home, the Petitioner fired additional shots in the

direction of the officers. Based on these events, on June 15, 2012, the Petitioner was

indicted for two counts of attempted first degree murder, three counts of aggravated

assault, two counts of especially aggravated kidnapping, and employment of a firearm

during the commission of a dangerous felony. On September 19, 2013, the Petitioner

entered a guilty plea to two counts of attempted first degree murder of Officer John

Hutcheson and Fancy McCord; three counts of aggravated assault of Kevin Lowe,

Officer Michael Ryan, and Officer Steven Smith; and two counts of attempted aggravated

kidnapping of Fancy McCord and Kevin Lowe, for which the Petitioner received an

effective sentence of seventeen years’ confinement, to be served at 30% release

eligibility. The State provided the following factual basis in support of the Petitioner’s

plea:

[O]n February 6th of 2012, Rodney Prewitt . . . called 9-1-1 and

reported hearing an argument, about shots fired at his neighbor’s house.

Officers responded to the location and they also heard someone shouting

inside. They knocked on the door and identified themselves, at which point

the [Petitioner] refused to open the door. Forced entry was made and a

female was observed lying on the floor. After Officer Ryan entered the

apartment, he started moving within it, and he, as he entered the threshold,

he observed the [Petitioner] . . . with a handgun pointed in his direction.

[The Petitioner] threatened to shoot both officers if they entered the

apartment and both Officer Ryan and Officer Smith quickly exited and

called for S.W.A.T. [T]he S.W.A.T. team responded and officers set the

perimeter around the building. At approximately 1:45, additional shots

fired inside the apartment as S.W.A.T. made entry. Officer[] [Hutcheson]

returned fire, and the [Petitioner] threw his gun to the floor.

Kevin [Lowe] and Fancy O’Neal, aka Fancy McCord3 were both

located inside the [Petitioner’s] apartment and both had gunshot wounds.

Mr. [Lowe] had a gunshot wound to his leg and Ms. [McCord] had

gunshots to her chest, [her] thigh and her lower leg. Both were transported

to Vanderbilt Medical Center emergency room. Several crack pipes were

also found in the apartment. [The Petitioner] was arrested at the time. The

3

Throughout the record, Fancy McCord is referred to as Fancy O’Neal, Fancy McCord, and

Fancy Luckey. We will refer to her as Fancy McCord.

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victims stated that they were not free to leave during this assault and—

aggravated assault and kidnapping.

The Petitioner did not file a direct appeal of his convictions or sentence. On

September 23, 2014, the Petitioner filed a pro se petition for post-conviction relief

arguing ineffective assistance of trial counsel. The pro se petition was forty-five pages in

length and raised eighteen grounds for relief but did not specifically allege that the State

withheld exculpatory evidence in violation of Brady. On November 19, 2014, the post-

conviction court appointed counsel, and on January 13, 2016, a motion entitled “Request

for production of Exculpatory information pursuant to Brady” was filed. The motion

specifically requested the State to produce copies of the recorded statements of “Officers

Haywood, Hutcheson, Ryan, Smith, Luckey, and Pruitt,” which, according to the

Petitioner, contradicted the statements in the officers’ supplemental reports regarding

“the number and time of shots fired to the position and placement of all individuals at all

times.” The motion further sought the recorded statements of Fancy McCord and Kevin

Lowe, both of whom, according to the Petitioner, “acknowledged engaging in criminal

activity and gave contradictory accounts of events[.]”

On July 21, 2016, an amended petition for post-conviction relief was filed,

incorporating all previously raised grounds for relief. The amended petition specifically

alleged that trial counsel “failed to uncover key discrepancies in the [S]tate’s case which

would have assisted the [Petitioner] in making an intelligent decision about trial

strategy.” It further referenced inconsistent statements by officers, varying accounts of

shots fired, varied amounts of physical evidence related to shots fired, and alleged actions

and statements of the Petitioner.

On October 19, 2016, the State responded to the Petitioner’s amended petition. In

its response, the State explicitly noted that the Petitioner had notified them of his intent to

raise an unspecified Brady violation. Recognizing that the Petitioner had failed to

specifically allege a Brady violation in either of his petitions, the State requested the post-

conviction court to require him to do so with sufficient notice to the State prior to any

hearing. The record does not show that the Petitioner amended his petition to include a

Brady violation claim, following the State’s response.

Evidentiary hearings were conducted by the post-conviction court in this case on

January 17, 2017, and February 1, 2017. At the time he was appointed to represent the

Petitioner, trial counsel had been a criminal defense attorney for approximately three or

four years. He employed the services of a private investigator, a former veteran of the

Metro Nashville Police Department, to assist him in the case. In an effort to provide the

post-conviction court with context for the case, trial counsel relayed the circumstances

leading up to the shooting as conveyed to him by the Petitioner. He said that the

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Petitioner, Kevin Lowe, and Fancy McCord had been smoking “crack” at the Petitioner’s

home when Kevin Lowe threatened to take the Petitioner’s television. In response, the

Petitioner shot Kevin Lowe in the leg, and neighbors called the police. According to the

Petitioner, when the first two officers responded, “one of them shot at [the Petitioner],”

and the Petitioner “shut the door” because he believed they were going to kill him. A

two-hour stand-off with the S.W.A.T. team ensued because the Petitioner did not want to

come out until his parents arrived. Kevin Lowe and Fancy McCord remained in the

house, and, at some point, the Petitioner shot Fancy McCord in the chest as she “lunged”

at him. When the Petitioner shot Fancy McCord, the S.W.A.T. team breached the door,

and additional shots were fired.

Trial counsel said that “timing” as it related to “logistics” of the direction of the

bullets upon the officers’ entry was important. The Petitioner initially told him that he

did not have a “‘direct recollection’” of the events, and this was a problem for trial

counsel. However, prior to entry of the guilty plea, trial counsel had the logistics and

ballistics reports from the crime scene technician. He was familiar with both reports and

knew how the offense occurred. Based on the reports, trial counsel believed that there

were “rounds fired towards the officer . . . and the timing [in] conjunction with it,

otherwise [trial counsel] wouldn’t have advised [the Petitioner] to take the plea.” Asked

if the Petitioner offered an explanation for why shots had been fired in the direction of the

officers, trial counsel said, “[I]t was just one of those things that during the midst of the

tussle [with Fancy McCord] that the gun went off the last two times, you know . . .

however many rounds . . . [the Petitioner] just kept pulling the trigger until [it] wouldn’t

pull anymore. . . . [I]t was unintentional[.]”

Asked generally if “more peripheral evidence” of interviews from officers and

victims would have been helpful in proposing a settlement offer to the State, counsel

replied, “Of course.” Counsel then agreed that he did not receive in discovery the

recorded interviews of Rodney Pruitt, Michael Ryan, Detective Haywood, Steven Smith,

Kevin Lowe, Officer Hutchison, and Fancy McCord. Trial counsel agreed it would have

been significant if Kevin Lowe and Fancy McCord said Fancy McCord was shot as the

officers entered the door, rather than before they entered. He reasoned the Petitioner

could not have “equally shot” at the officer and Fancy McCord at the same time.

Without delineating the relevant portion of the recordings, post-conviction counsel later

admitted into evidence various DVD’s containing the witness statements.

Trial counsel distinguished entry of a guilty plea and a jury trial and agreed that

the above statements were customarily covered under the Jencks Act, which meant they

were not required to be turned over to the defense until after the witnesses testified at

trial. Trial counsel opined that the issue was whether he should have filed a Brady

motion or moved for in-camera review of the statements. To the extent that post-

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conviction counsel suggested that Fancy McCord was shot by Officer Hutchison, rather

than the Petitioner, trial counsel explained that when a person kidnaps another and the

victim is subsequently shot by the police during their rescue, the kidnapper remains

responsible for the shooting.

Asked if the statements and recordings he did not receive could have assisted in

his defense of first degree murder, trial counsel replied:

Oh, I think so, and I think that’s fair. And I never thought that [the

Petitioner] wanted to kill that officer. I felt like he was a victim in this

whole situation, but he was a victim of his own decisions as well as those

around him, I mean, I felt, I still do, you know, I wanted . . . a better deal

for him, I thought it was just a straightforward agg[ravated] assault, I

thought the whole case was, . . . there were a lot of issues.

However, trial counsel later explained that his defense in this case was

complicated because:

[H]ow do we explain that the fact that once the police do show up

there, these people are robbing you, why didn’t you just open the door and

let the police take the robbers away, you know, and that was a real problem,

and it was because he was so high on crack, you know, he wasn’t making

sense. He thought that the first cops took a shot at him, and that, you know,

initially I showed him those ballistics, and he was like, “See that’s the hole

in the wall where the police officer shot at me,” you know, and that’s why

[he] shut the door and barricaded everything, but the ballistics didn’t come

back to show that that was from an officer’s round. In fact, we never got

any proof that those officers fired their guns at all, and so that kind of got

forwarded more like, you know, he was in such a haze of what was

happening . . . it was difficult.

He said the primary issue was the Petitioner’s interaction with the S.W.A.T. team

and the two officers who initially responded to the scene. Trial counsel was prepared to

defend the charges concerning Kevin Lowe and Fancy McCord, and considered them

“secondary” concerns. He theorized that Lowe and McCord were trying to rob the

Petitioner of his television, and the Petitioner had a right to defend himself in his home;

and that each witness had severe credibility issues.

Prior to entry of the guilty plea, trial counsel spoke with the Petitioner “around

four or five times, maybe more” about the case. They discussed the theory of the case,

possible defenses, and the Petitioner’s sentencing range. Because the Petitioner was

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bipolar and used “crack” during the offense, trial counsel “covered the intoxication realm

ad nauseam,” and had the Petitioner examined by a forensic psychologist to determine

whether he had a viable intoxication defense. Trial counsel said there was no open file

discovery in this case. He was provided with summaries of the officers’ reports but not

transcripts of them.

The Petitioner testified that he never received copies of recorded interviews from

Officer Hutcheson, Kevin Lowe, Rodney Pruitt, or any of the officers involved in the

offense. He also was not aware that Fancy McCord said in an audio interview that as

police entered the apartment, the Petitioner shot her by accident. The Petitioner claimed

that he was not made aware of any discovery in the case and never reviewed anything

with trial counsel. Based on trial counsel’s advice, the Petitioner believed that he would

receive a life sentence or 30 years to be served at 100%, if he had gone to trial. However,

had he known the information from the witness statements, he would have proceeded to

trial because he did not believe he would have been convicted.

At the end of the January 17 hearing, the post-conviction court requested that

Lieutenant Ragains, a crime scene investigator for the Metropolitan Nashville Police

Department, be called to testify about the ballistics. At the February 1 hearing,

Lieutenant Ragains testified that he helped to investigate and process the crime scene in

question because it was an officer-involved shooting. He helped manage, process, and

document all the evidence at the scene. His testimony was based on the crime scene

photographs that were tracked in a PowerPoint presentation to the post-conviction court.

Lieutenant Ragains testified that there was no specific order when referring to

each bullet and he did not know which order the bullets were fired. He said strike marks

indicated a projectile had passed through the living room wall in the Petitioner’s

apartment, through the outside hallway, and into the neighbor’s apartment across the hall.

The projectile from the Petitioner’s gun, the first shot that was analyzed, was found inside

the wall of the neighbor’s apartment.

The second bullet, from the Petitioner’s gun, entered from the front of the

television, and the projectile was found inside the television. The third and fourth shots,

from the S.W.A.T. team, were in the back of the television had a trajectory from the door

into the back of the television and went “through and through.” The fifth shot skimmed

the interior side of the front door and ricocheted off the door, hit the doorjamb, and key-

holed into the drywall immediately beyond the doorframe. In his opinion, the front door

was open or ajar when the projectile hit it, but he could not say to what degree. The

projectile came from the Petitioner’s gun.

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The sixth projectile, from the Petitioner’s gun, was recovered on the rug of the

apartment and visible on the floor. Lieutenant Ragains said another projectile was found

in the rug, which he believed was a fragment from a .223 standard issued gun to

S.W.A.T. They also recovered other fragments and projectile pieces from a .223 at the

scene in the doorway and hallway toward the end table. He believed this was indicative

of officers firing a .223 from the doorway of the apartment. In total, there were four

projectiles from the Petitioner’s gun located from the scene and one projectile in Lowe’s

leg which would account for five total shots fired from the Petitioner’s gun. Two rounds

were located at the scene and fired from S.W.A.T.

On cross-examination, Lieutenant Ragains said the only bullet that could have

been fired at a person standing in the open doorway was the one that struck the television.

He said it was possible that the bullet that struck the television had traveled through a

person before it hit the television. He also said the bullet that traveled through the wall to

the neighbor’s apartment could have passed through a person before entering the wall.

He said it is possible to tell whether a projectile traveled through a person because you

can pick up biological matter from it, but he said he could not say he or anyone else

looked at the projectiles for biological material.

After the hearings concluded, the post-conviction court took the case under

advisement and subsequently issued an extensive order denying the Petitioner relief. It is

from this order that the Petitioner now appeals.

ANALYSIS

In his brief to this court, the Petitioner claims that “the State failed to provide and

trial counsel failed to seek recorded witness interviews in violation of Brady v. Maryland,

[373 U.S. 83 (1963)].” We dispense with this claim in short order because, as repeatedly

noted by the State, it was not specifically included in any of the Petitioner’s petitions for

post-conviction relief as required by Tennessee Code Annotated section 40-30-110(c)

(noting that “[p]roof upon the petitioner’s claim or claims for relief shall be limited to

evidence of the allegations of fact in the petition”) and Tennessee Code Annotated section

40-30-104(d) (“The petitioner shall include all claims known to the petitioner for granting

post-conviction relief and shall verify under oath that all such claims are included.”). It is

not clear to us why post-conviction counsel handled this issue in this fashion. He

apparently put the State on notice of his intent to argue a violation of Brady, and received

various materials from the State in response. The State appropriately objected because

this issue had not been raised in the petition for post-conviction relief, and further

demanded notice of the explicit grounds for the alleged Brady violation before the

hearing. Despite the State’s request, the record does not contain an amendment to the

petition on this ground. Even more puzzling, it appears that post-conviction counsel fully

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explored the Brady allegation at the hearing. So much so that at the close of trial

counsel’s direct testimony, the prosecutor asked, “Can I take at this point that we’ve

waived any type of ineffective assistance of counsel argument, is that what we’ve done or

solely based on Brady issue?” Based on post-conviction counsel’s repeated allusions to

Brady throughout the hearing, the post-conviction court specifically found that “no Brady

material had been produced” at the hearing. In determining whether the Petitioner

received ineffective assistance of counsel based on trial counsel’s failure to properly

investigate his case and fully advise him of the facts, the post-conviction court was

compelled to note, “This court has reviewed all the ‘missing’ witness interviews, both

written and recorded, and despite post-conviction counsel’s characterization of the

missing witness interviews, there is nothing in them that would exculpate Petitioner of

any of the charges in the indictment.” Finally, even if this court could overcome the

procedural obstacles attendant to this issue, the Petitioner fails to specifically point out in

this appeal how the recordings of the witness statements were exculpatory. Accordingly,

because the Petitioner failed to include this issue in his pro se or amended petition for

post-conviction relief, it is waived.

Next, the Petitioner argues three separate grounds in support of his claim that he

received ineffective assistance of counsel in entering his guilty plea: (1) that trial counsel

failed to keep him informed of the evidence against him; (2) that trial counsel did not

possess all the necessary information to properly inform him; and (3) that trial counsel

did not thoroughly review the discovery with him. The State argues, and we agree, that

the post-conviction court properly denied relief on this issue. In reaching our conclusion,

we are guided by the following well-established law pertaining to post-conviction relief.

Post-conviction relief is only warranted when a petitioner establishes that his or her

conviction or sentence is void or voidable because of an abridgement of a constitutional

right. T.C.A. § 40-30-103. The Tennessee Supreme Court has held:

A post-conviction court’s findings of fact are conclusive on appeal unless

the evidence preponderates otherwise. When reviewing factual issues, the

appellate court will not re-weigh or re-evaluate the evidence; moreover,

factual questions involving the credibility of witnesses or the weight of

their testimony are matters for the trial court to resolve.

Vaughn v. State, 202 S.W.3d 106, 115 (Tenn. 2006) (citations and internal quotation

marks omitted); see Felts v. State, 354 S.W.3d 266, 276 (Tenn. 2011); Frazier v. State,

303 S.W.3d 674, 679 (Tenn. 2010). A post-conviction petitioner has the burden of

proving the factual allegations by clear and convincing evidence. T.C.A. § 40-30-110(f);

Tenn. Sup. Ct. R. 28, § 8(D)(1); Dellinger v. State, 279 S.W.3d 282, 293-94 (Tenn. 2009).

Evidence is considered clear and convincing when there is no serious or substantial doubt

about the accuracy of the conclusions drawn from it. Lane v. State, 316 S.W.3d 555, 562

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(Tenn. 2010); Grindstaff v. State, 297 S.W.3d 208, 216 (Tenn. 2009); Hicks v. State, 983

S.W.2d 240, 245 (Tenn. Crim. App. 1998).

In order to prevail on an ineffective assistance of counsel claim, the petitioner

must establish that (1) his lawyer’s performance was deficient and (2) the deficient

performance prejudiced the defense. Felts, 354 S.W.3d at 276 (citing Strickland v.

Washington, 466 U.S. 668, 687 (1984)). “[A] failure to prove either deficiency or

prejudice provides a sufficient basis to deny relief on the ineffective assistance claim”

and “a court need not address the components in any particular order or even address

both if the [petitioner] makes an insufficient showing of one component.” Goad v. State,

938 S.W.2d 363, 370 (Tenn. 1996) (citing Strickland, 466 U.S. at 697). This court

reviews a claim of ineffective assistance of counsel, which is a mixed question of law and

fact, under a de novo standard with no presumption of correctness. Smith v. State, 357

S.W.3d 322, 336 (Tenn. 2011).

A petitioner successfully demonstrates deficient performance when the clear and

convincing evidence establishes that his attorney’s conduct fell below “an objective

standard of reasonableness under prevailing professional norms.” Goad, 938 S.W.2d at

369 (citing Strickland, 466 U.S. at 688; Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn.

1975)). When ineffective assistance of counsel is alleged in the context of a guilty plea,

the prejudice analysis

focuses on whether counsel’s constitutionally ineffective performance

affected the outcome of the plea process. In other words, in order to satisfy

the “prejudice” requirement, the defendant must show that there is a

reasonable probability that, but for counsel’s errors, he would not have

pleaded guilty and would have insisted on going to trial.

Hill v. Lockhart, 474 U.S. 52, 59 (1985); see also Grindstaff, 297 S.W.3d at 216-17.

Finally, as relevant to the issues herein, the Tennessee Supreme Court has held that

“[f]ailure to conduct a reasonable investigation constitutes deficient performance.” State

v. Burns, 6 S.W.3d 453, 462 (Tenn. 1999).

Counsel must conduct appropriate investigations, both factual and legal, to

determine what matters of defense can be developed. The Supreme Court

has noted that the adversary system requires that “all available defenses are

raised” so that the government is put to its proof. . . . And, of course, the

duty to investigate also requires adequate legal research.

Baxter, 523 S.W.2d at 932-33 (quoting United States v. DeCoster, 487 F.2d 1197, 1203-

04 (D.C. Cir. 1973)). In any ineffective assistance of counsel case, however, “a particular

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decision not to investigate must be directly assessed for reasonableness in all the

circumstances, applying a heavy measure of deference to counsel’s judgments.” Burns, 6

S.W.3d at 462 (quoting Strickland, 466 U.S. at 691).

In denying relief on this issue, the post-conviction court’s order provided, in

pertinent part, as follows:

In this case, Petitioner’s trial counsel testified that he discussed the

case with Petitioner. He went over the discovery he had at the time,

possible trial strategies, the strengths and weaknesses of the State’s case,

and the possible sentencing ranges for the charged offences. Further, trial

counsel had Petitioner evaluated by a psychologist to negate the required

mental state due to possible mental health or intoxication defenses, and trial

counsel engaged the services of a private investigator to interview

witnesses in this case. It appears from this testimony as well as the record

in this case, that trial counsel was not deficient in his representation or his

advice to Petitioner.

Petitioner asserts that trial counsel did not have all the evidence in

this case at the time of his plea, and that the failure to have all of this

information rendered counsel’s advice inadequate. However, it should be

noted that this plea was entered into approximately four months before the

trial date and that discovery is an ongoing process. This court has reviewed

all the “missing” witness interviews, both written and recorded, and despite

post-conviction counsel’s characterization of the missing witness

interviews, there is nothing in them that would exculpate Petitioner of any

of the charges in the indictment. (internal footnote omitted). It appears that

at the time of the plea, trial counsel had all of the discovery that was

required by Tenn. R. Crim. Pro., Rule 16.

The crux of Petitioner’s complaint appears to be the length of his

agreed sentence. He does not challenge the conviction itself, and he does

not assert that he would have chosen to go to trial if all the “facts” he now

asserts had been known to him at the time of the plea. Petitioner’s original

petition consists mainly of unsupported assertions as to the “weakness” of

the State’s case and conclusory statements as to the unreliability of the

statements of the witness in this case as seen in hindsight. (emphasis in

original).

Upon our review, the record does not preponderate against the determination of the

post-conviction court. The record shows that trial counsel had an exceptional grasp of the

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facts and circumstances of the case. He had been provided with discovery that complied

with Rule 16 of the Rules of Criminal Procedure, and counsel reviewed it with the

Petitioner prior to entry of his guilty plea. Trial counsel appropriately analyzed the

credibility issues inherent in the testimony of Kevin Lowe and Fancy McCord. He

narrowed his focus to the Petitioner’s interaction with the S.W.A.T. team, which required

him to review the ballistics and logistics reports. Trial counsel also engaged the services

of a private investigator, a veteran of the Nashville Metro Police Department, and had the

Petitioner evaluated by a psychologist to determine his competency at the time of the

offense. He fully explored the potential defenses to or “weaknesses” in the State’s case,

and his investigation prior to entry of the guilty plea was reasonable. The record shows

that the Petitioner was sufficiently advised of this during the Rule 11 guilty plea colloquy.

In our view, the Petitioner essentially argues that trial counsel should have used the

inconsistencies in the witness statements to obtain a more favorable settlement offer from

the State. As noted by the post-conviction court, this does not amount to an attack on the

effectiveness of counsel or the validity of his guilty plea, but rather, the Petitioner’s

overall dissatisfaction with the length of his sentence. Moreover, the record shows that

trial counsel engaged in extensive negotiations with the State. He said it took “a lot” for

them to reduce the case, and they required the Petitioner to plead “across the board.”

Based on the record, the Petitioner has failed to establish by clear and convincing

evidence that counsel was ineffective. Accordingly, the Petitioner has failed to

demonstrate that his convictions are void or voidable because of an abridgment of his

constitutional rights, and he is not entitled to relief.

CONCLUSION

Based upon the foregoing reasoning and analysis, the judgment of the post-

conviction court is affirmed.

____________________________________

CAMILLE R. MCMULLEN, JUDGE

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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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