TBALink Opinion-Flash

May 14, 1996 -- Volume #2 -- Number #46

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
1 New Opinons From TSC
- New Opinons From TSC-Rules
- New Opinons From TSC-Workers Comp Panel
- New Opinons From TCA
- New Opinons From TCCA

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Jim Moore
TBALink Co-Chief Editor

JESSE S. TIDWELL, v.STATE OF TENNESSEE, 

Court:TSC

For Appellant:              For Appellee:

Jesse Spence Tidwell        Charles W. Burson
Pro se                      Attorney General and Reporter

                            Michael E. Moore
                            Solicitor General

                            Gordon W. Smith
                            Associate Solicitor General
                            Nashville, TN 

                            Daniel W. Cook
                            Assistant District Attorney
                            Charlotte, TN

First Paragraph:

The appellant, Jesse S. Tidwell, appeals the trial court's
denial of his petition for post-conviction relief.  At issue
is whether his trial counsel's failure to require the
prosecutor to elect the particular offenses upon which
convictions would be sought deprived him of his
constitutional right to the effective assistance of counsel.
 We have carefully examined the trial and post-conviction
transcripts and have thoroughly considered the contentions
of both parties.  For the reasons discussed below, we find
that counsel's performance failed to satisfy the criteria
established in Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975)
and in Strickland v. Washington, 466 U.S. 558 (1984).  The
appellant has made the requisite showing of prejudice for
all but the incidents on which the testimony at the original
trial was detailed and specific.

Judge: ADOLPHO A. BIRCH, JR., Justice

URL:http://www.tba.org/tba_files/TSC/TIDWELLJ.OPN.WP6

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