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Posted by: Tanja Trezise on Jan 13, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Harvey Douglas Thomas, Algood, Tennessee, for the appellant, David Dewayne Smith.

Attorneys 2:

Robert E. Cooper, Attorney General and Reporter; Renee W. Turner, Senior Counsel; and Joseph D. Baugh, Special Prosecutor, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Petitioner, David Dewayne Smith, was indicted along with three other individuals for first degree murder and conspiracy to commit first degree murder. Before trial, the State entered a nolle prosqeui as to the charges against one co-defendant and entered into a plea agreement with another. The trial proceeded against the Petitioner and the remaining codefendant. On the third day of trial, the State announced that it had entered into a plea agreement with the remaining co-defendant, and the co-defendant would testify against the Petitioner. Trial counsel made oral motions for a mistrial and a continuance, both of which were denied by the trial court. The Petitioner was convicted of first degree murder and conspiracy to commit first degree murder, and this Court affirmed his conviction on appeal. The Petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. After a hearing, the petition was denied. On appeal, the Petitioner challenges the denial of post-conviction relief on 12 grounds. After a thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court.