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Posted by: Tanja Trezise on May 7, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Jason F. Hicks, Cookeville, Tennessee, for the appellant, Keith Whited.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Rachel Harmon, Senior Counsel; C. Berkeley Bell, District Attorney General; and John W. Galloway, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): BIVINS

Keith Whited (“the Petitioner”) was convicted by a jury of second degree murder, driving under the influence, and driving on a revoked license. The trial court sentenced the Petitioner to an effective sentence of twenty-three years’ incarceration. On direct appeal, this Court affirmed the Petitioner’s convictions. See State v. Keith A. Whited, No. M2010- 00134-CCA-R3-CD, 2010 WL 4684468, at *8 (Tenn. Crim. App. Nov. 19, 2010), perm. app. denied (Tenn. May 25, 2011). The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that he was denied the effective assistance of counsel at trial and on appeal. Upon our thorough review of the record and the applicable law, we affirm the postconviction court’s decision denying relief.