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Posted by: Tanja Trezise on Dec 12, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Neil Umsted (on post-conviction); Claiborne H. Ferguson (on appeal); and Jake Erwin (at trial), Memphis, Tennessee, for the appellant, Antoinette Horton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Amy P. Weirich, District Attorney General; Ray Lepone and Reginald Henderson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Antoinette Horton, appeals the Shelby County Criminal Court’s denial of her petition for post-conviction relief. The petitioner was convicted of second degree murder and sentenced to a term of eighteen years in the Department of Correction. On appeal, she contends that the court erred in denying her petition because she was denied her right to the effective assistance of counsel. Specifically, she contends that trial counsel was ineffective by: (1) failing to present a witness who would have established that the gunshot fired by the petitioner could not have killed the victim; and (2) failing to adequately advise the petitioner with regard to the State’s plea offers. The petitioner also asserts that the post-conviction court’s denial of her request for funding for a ballistics expert violated her Due Process rights. Following review, we affirm the denial of the petition.