BARRY SMELLEY v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Jun 26, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

David Christensen, Brentwood, Tennessee, for the appellant, Barry Smelley.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Barry Smelley, appeals the post-conviction court’s denial of his petition for post-conviction relief, arguing that the post-conviction court should be reversed for failing to make findings on his specific claims and that counsel’s unilateral decision to release a witness from a subpoena violated his rights to compulsory process and to present a defense. After review, we affirm the denial of the petition.

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