Opinion

Long v. State

  • 510 S.W.2d 83
  • 1974 Tenn. Crim. App. LEXIS 295
Court
Court of Criminal Appeals of Tennessee
Filed
Feb 8, 1974
Status
Published
Author
O'Brien
On the bench
Oliver, O'Brien, Walker
Cited by
68 cases

“Indescribable chaos in the administration of criminal justice surely would be the inevitable consequence of . . . permitting convicted persons to raise repeatedly and without limitation questions previously and finally adjudicated adversely to [them].”

How later courts described this case

  • “Indescribable chaos in the administration of criminal justice surely would be the inevitable consequence of . . . permitting convicted persons to raise repeatedly and without limitation questions previously and finally adjudicated adversely to [them].”
  • “It is fundamental that habeas corpus and post-conviction proceedings may not be employed to raise and relitigate or review questions decided and disposed of in a direct appeal.”
  • “It is fundamental that habeas corpus . . . proceedings may not be employed to raise and relitigate or review questions decided and disposed of in a direct appeal.”
  • a petitioner may not seek post-conviction relief on grounds not raised in the petition or amended petition

Written by the judges who cited it.

The opinion

O’BRIEN, Judge

(concurring).

I am not disposed to argue with the propositions of law stated in the majority opinion. However, the issue raised in the post-conviction petition was incompetency of counsel who, in this instance, was privately retained. The majority opinion discusses the allusion in the trial judge’s findings to the law that actions or non-action of retained counsel are imputed to the defendant alone, and then discourses at length on the nonoccurrence of State action where retained counsel are involved.

My review of this record satisfies me that the only issue raised in the petition is the adequacy of counsel and I am simply not wedded to the proposition that representation by retained counsel can never fall below standards of competence which would not result in a constitutional abrogation.

Otherwise, I concur fully with the majority opinion.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.