CLIFFORD ERIC BURGESS v. STATE OF TENNESSEE - Articles

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Posted by: Tanja Trezise on Apr 26, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Gregory D. Smith, Clarksville, Tennessee for the appellant, Clifford Eric Burgess.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; David H. Findley, Senior Counsel; John W. Carney, Jr., District Attorney General; and Helen O. Young, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WEDEMEYER

A Montgomery County jury convicted the Petitioner, Clifford Eric Burgess, of five counts of rape of a child, a Class A felony. The trial court sentenced the Petitioner to an effective twenty-five-year sentence in the Department of Correction. The Petitioner appealed his convictions, and this Court affirmed the Petitioner’s convictions and sentences. See State v. Clifford Eric Burgess, M2008-01370-CCA-R3-CD, 2009 WL 2433059 (Tenn. Crim. App. at Nashville, Aug. 10, 2009), perm. app. denied (Tenn. July 20, 2009). The Petitioner timely filed a petition for post-conviction relief in which he claimed that he had received the ineffective assistance of counsel due to his attorney’s failure to have him evaluated for mental illness. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.

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