All Content

Posted by: Tanja Trezise on Sep 17, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert E. Cooper, Jr., Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; and Joseph Baugh, District Attorney General, for the appellant, State of Tennessee.

Attorneys 2:

Paul A. Hemmersbaugh, Bryson Bachman, James Owens, Jason Vendel, and Michael J. Flanagan, Washington, DC, and Susan L. Kay and Ben Bolinger, Nashville, Tennessee, for the appellee, David G. Housler, Jr.

Judge(s): OGLE

The Petitioner, David G. Housler, Jr., filed petitions for post-conviction relief and writ of error coram nobis in the Montgomery County Circuit Court, seeking relief from his convictions for four counts of felony murder and resulting consecutive sentences of life in confinement. After an evidentiary hearing, the post-conviction court granted the petitions. On appeal, the State contends that the court erred by finding that the Petitioner was entitled to any relief. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the post-conviction court’s granting the petition for post-conviction relief but conclude that the court erred by granting the petition for writ of error coram nobis. Nevertheless, because the Petitioner has shown that he is entitled to post-conviction relief based upon his receiving the ineffective assistance of counsel at trial, the case is remanded to the trial court for further proceedings consistent with this opinion.