RICARDO DAVIDSON V. STATE OF TENNESSEE - Articles

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Posted by: Barry Kolar on Jul 31, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Seth M. Lasater, Columbia, Tennessee, for the appellant, Ricardo Davidson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Senior Counsel; Thomas M. Bottoms, District Attorney General; and Brent Cooper, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Ricardo Davidson, appeals the denial of his petition for post-conviction relief. The petitioner was convicted by a jury of possession with intent to sell 300 grams or more of cocaine within a Drug Free School Zone, conspiracy to possess with intent to sell or deliver over 300 grams or more of cocaine within a Drug Free School Zone, possession with intent to sell or deliver ten pounds or more of marijuana within a Drug Free School Zone, conspiracy to possess with intent to sell or deliver over ten pounds of marijuana in a Drug Free School Zone, and possession of unlawful drug paraphernalia. He was subsequently sentenced to an effective term of fifteen years in the Department of Correction. Following the denial of his direct appeal, the petitioner filed a petition for post-conviction relief alleging that he was denied his right to the effective assistance of counsel. On appeal, he specifically contends that trial counsel was ineffective by: (1) failing to adequately argue the motion to suppress; (2) failing to argue the issue of the racial makeup of the jury on the Motion for Acquittal or New Trial; and (3) failing to make an argument for and request a jury instruction under the natural and probable consequence rule. The petitioner further alleges that both trial and appellate counsel were ineffective in failing to adequately communicate with him during their respective representations. Following review of the record, we affirm the denial of post-conviction relief.

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