ANDRE DAVIS v. STATE OF TENNESSEE - Articles

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ANDRE DAVIS v. STATE OF TENNESSEE

Posted by: Amelia Ferrell Knisely on Apr 4, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

R. Price Harris (on appeal); and Robert Brooks (at hearing), Memphis, Tennessee, for the appellant, Andre Davis.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Omar Malik, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Andre Davis, was convicted of voluntary manslaughter by a Shelby County jury and sentenced to fourteen and one-half years in incarceration. His first appeal was denied. State v. Andre Davis, No. W2007-01442-CCA-R3-CD, 2008 WL 4831230, at *1 (Tenn. Crim. App. Nov. 5, 2008), perm. app. denied (Tenn. Mar. 16, 2009). Petitioner filed a pro se petition for post-conviction relief which led to the grant of a delayed appeal based on trial counsel?s failure to file a motion for new trial. Petitioner was permitted to file a motion for new trial. The motion was denied, and Petitioner was again denied relief on appeal. Andre Davis v. State, No. W2011-00373-CCA-R3-CD, 2012 WL 5970932, at *2 (Tenn. Crim. App. Nov. 29, 2012), perm. app. denied (Tenn. Apr. 10, 2013). Petitioner then sought post-conviction relief again. After a hearing, the petition was denied. On appeal, Petitioner challenges the post-conviction court?s denial of relief. After a review, we determine Petitioner has failed to prove by clear and convincing evidence that he is entitled to relief. Accordingly, the judgment of the post-conviction court is affirmed.

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