HAROLD FRANCIS BUTLER, III v. STATE OF TENNESSEE - Articles

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HAROLD FRANCIS BUTLER, III v. STATE OF TENNESSEE

Posted by: Karen Belcher on Sep 18, 2019

Court: TN Court of Criminal Appeals

Attorneys 1:

Brennan Maureen Wingerter (on appeal), Knoxville, Tennessee, and Brian Pearce (at hearing), Chattanooga, Tennessee, for the appellant, Harold Francis Butler, III.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; M. Neal Pinkston, District Attorney General; and Cameron Williams, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Harold Francis Butler, III, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief from his convictions of first degree felony murder, attempted first degree premeditated murder, attempted especially aggravated robbery, and employing a firearm during the commission of a dangerous felony and resulting sentence of life plus thirty-one years. On appeal, the Petitioner contends that the State violated his constitutional rights by conducting an unduly suggestive identification procedure that rendered the identification unreliable and by eliciting false testimony from a key witness at trial. He also raises numerous allegations of ineffective assistance of trial counsel and contends that he is entitled to a new trial under the cumulative error doctrine. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

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