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Posted by: Tanja Trezise on Jul 17, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Eric Mogy, Memphis, Tennessee, for appellant, Jarvis Payne.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith DeVault, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Pam Fleming, Assistant District Attorney General, for the respondent, State of Tennessee.

Judge(s): SMITH

Petitioner, Jarvis Payne, pled guilty to second degree murder pursuant to a plea agreement and was sentenced to fifteen years as a violent offender. He filed a post-conviction petition in which he alleged that a dying declaration by the victim showed that he lacked the requisite intent for second degree murder. He claimed that his attorney was ineffective because she did not make him aware of the victim’s dying declaration and urged him to plead guilty without explaining the importance of intent in the charged offense. After listening to testimony from Petitioner’s public defender and the prosecuting attorney, the post-conviction court dismissed the petition. We affirm.