ANTONIO HOWARD v. STATE OF TENNESSEE - Articles

All Content

ANTONIO HOWARD v. STATE OF TENNESSEE

Posted by: Stacey Shrader Joslin on Jan 24, 2019

Court: TN Court of Criminal Appeals

Attorneys 1:

Patrick E. Stegall, Memphis, Tennessee, for the Appellant, Antonio Howard.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Senior Assistant Attorney General; Amy P. Weirich, District Attorney General; and Leslie Byrd and Jamie Kidd, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Antonio Howard, filed a petition for post-conviction relief, alleging, among other things, that trial counsel was ineffective for failing to file a timely motion for new trial. After a review of the record, we hold that the Petitioner’s trial counsel was deficient in this regard and that the Petitioner was presumptively prejudiced by the deficiency. Therefore, we reverse the judgment of the post-conviction court denying the petition and remand this case with instructions to that court that it grant the Petitioner a delayed appeal, beginning with the right to file a delayed motion for new trial.

Attachments: