ROBERT SMITH v. STATE OF TENNESSEE - Articles

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ROBERT SMITH v. STATE OF TENNESSEE

Posted by: Karen Belcher on Jun 13, 2022

Court: TN Court of Criminal Appeals

Attorneys 1: Joseph A. McClusky (on appeal), Memphis, Tennessee, and Robert Felkner (at guilty plea hearing), Memphis, Tennessee, for the appellant, Robert W. Smith.

Attorneys 2: Herbert H. Slatery III, Attorney General and Reporter; Garrett D. Ward, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Cavette Ostner, Regina Thompson, and Leslie Byrd, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER

In November of 2018, Petitioner, Robert Smith, pleaded guilty to three counts of aggravated rape in exchange for an effective 18-year sentence. The crimes were all committed in 1986. Petitioner filed a pro se petition for post-conviction relief alleging ineffective assistance of plea counsel. At the evidentiary hearing, the post-conviction court heard testimony and arguments on the ineffective assistance of counsel claim and whether Petitioner freely and voluntarily entered his guilty plea. The post-conviction court denied relief. On appeal, Petitioner argues that he did not freely and voluntarily enter his guilty plea. After review, we affirm the judgment of the post-conviction court.

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