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Posted by: Tanja Trezise on Dec 17, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Kara L. Everett, Mt. Juliet, Tennessee (on post-conviction); and David M. Hopkins, Nashville, Tennessee (at trial and on appeal), for the appellant, David Avery.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Rob McGuire, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, David Avery, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The petitioner was convicted of aggravated robbery, especially aggravated robbery, reckless endangerment, and attempted second degree murder and was sentenced to an effective term of forty-nine years in the Department of Correction. On appeal, he contends that he was denied his right to the effective assistance of counsel at trial and on direct appeal. After reviewing the record, we must conclude that the petitioner failed to establish his claim. Accordingly, the denial of relief is affirmed.