STATE OF TENNESSEE v. DANIEL E. POTTEBAUM, SR. - Articles

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Posted by: Suzanne Craig Robertson on Jun 21, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

James O. Martin, III, Nashville, Tennessee (on appeal); and David Christensen, Brentwood, Tennessee (at post-conviction hearing); for the appellant, Daniel E. Pottebaum, Sr.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General; for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Daniel E. Pottebaum, Sr., contends that he received the ineffective assistance of counsel at his retrial and cites the following bases in support of that contention: (1) trial counsel’s failure to object to the Petitioner’s testimony from his first trial being read into the record at his second trial where he chose not to testify; (2) trial counsel’s failure to move for a severance of the domestic assault offense from the unrelated sexual abuse offenses; and (3) trial counsel’s failure to object to the jury instruction on flight. After reviewing the record and the applicable authorities, we affirm the judgment of the post-conviction court.

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