All Content

Posted by: Tanja Trezise on Jun 27, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Kirk D. Catron (on appeal) and Derek Ray Howard (at hearing), Murfreesboro, Tennessee, for the appellant, Reginald C. Malone, Sr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Clark B. Thornton, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General; for the appellee, State of Tennessee.

Judge(s): BIVINS

Reginald C. Malone, Sr. (“the Petitioner”) filed for post-conviction relief, challenging his conviction for the sale of 0.5 grams or more of cocaine, which resulted in a sentence of eight years in confinement. As his bases for relief, he alleged several grounds of ineffective assistance of counsel, a Brady violation, illegal evidence, and malicious prosecution. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that trial counsel was ineffective because he failed to challenge the discrepancy in the reports of the weight of the cocaine through either a motion to suppress the cocaine or cross-examination as to its chain of custody. Additionally, the Petitioner argues that trial counsel failed to file a timely motion for new trial. After a thorough review of the record and the applicable law, we remand the case for the trial court to grant the Petitioner leave to file a motion for new trial.