Opinion FlashNovember 18, 2002
Volume 8 Number 203
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1118.wpd
MILTON LEE COOPER v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Milton Lee Cooper. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; Christopher D. Poole, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Hamilton County jury convicted the Petitioner of first degree felony murder and conspiracy to commit aggravated robbery. The Petitioner was sentenced to life imprisonment for the murder conviction and to eight years incarceration for the conspiracy conviction. This Court affirmed the convictions, and the Tennessee Supreme Court denied permission to appeal. The Petitioner then filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel at trial and on direct appeal. Specifically, the Petitioner alleged that counsel: (1) failed to request an alibi instruction at trial; (2) failed to raise the alibi instruction issue on direct appeal; and (3) failed to challenge an erroneous accomplice instruction at trial and on appeal. Also, the Petitioner alleged that the trial court: (1) failed to instruct the jury on the defense of alibi, thus violating the Petitioner's due process rights and his right to a jury trial; and (2) failed to instruct the jury on "the natural and probable consequences rule." Following a hearing, the post-conviction court denied the petition for post-conviction relief, and this appeal ensued. Finding no error, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/cooperml.wpd
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