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Posted by: Tanja Trezise on Feb 24, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Kenneth Ford, Pro Se, Whiteville, Tennessee.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Assistant Attorney General; Jerry Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

A Madison County Jury convicted Petitioner of three counts of aggravated assault and one count of reckless endangerment resulting from an altercation Petitioner had with his live-in girlfriend and her three daughters. State v. Kenneth Ford, No. W2007-02149-CCA-R3-CD, 2009 WL 1034522, at *1-3 (Tenn. Crim. App., at Jackson, Apr. 17, 2009). The trial court sentenced Petitioner to an effective sentence of twenty-two years. Id. at *3. Petitioner was unsuccessful in his direct appeal of his sentence to this Court. Id. at *1. Petitioner filed a timely petition for post-conviction relief arguing that he was afforded the ineffective assistance of counsel. The post-conviction court held a hearing and denied the petition. Petitioner now appeals the denial of his petition. After a thorough review of the record, we determine that the evidence does not preponderate against the post-conviction court’s findings. In addition, several issues raised by Petitioner were not raised in front of the postconviction court. In addition they were not raised during direct appeal but could have been and are now waived; or were addressed on direct appeal. Therefore, we affirm the denial of the petition.