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Posted by: Tanja Trezise on Jan 28, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

David A. Collins, for the Defendant-Appellant, Billy Coffelt.

Attorneys 2:

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

Judge(s): MCMULLEN

The Petitioner, Billy Coffelt, appeals the Davidson County Criminal Court’s denial of postconviction relief from his convictions for aggravated assault, three counts of misdemeanor theft, four counts of false imprisonment, and felony escape. In his appeal, the Petitioner argues that he received ineffective assistance of counsel based upon allegations that Counsel failed to move for an election of offenses; failed to pursue a claim based on the dismissal of one of the Petitioner’s co-defendant’s charges on appeal; and failed to request a jury instruction on the “natural and probable consequences” rule for criminal responsibility or raise it as a ground for relief on direct appeal. Upon review, we affirm the judgment of the post-conviction court.