EVERETT SPENCER BARNETTE v. STATE OF TENNESSEE - Articles

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Posted by: Brittany Sims on Feb 13, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

L. Dudley Senter, III, Bristol, Tennessee, for the appellant, Everett Spencer Barnette.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Barry Staubus, District Attorney General; and William B. Harper and Teresa Ann Nelson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Defendant, Everett Spencer Barnette, appeals as of right from the Sullivan County Criminal Court’s denial of his motion to withdraw his nolo contendere pleas. The Defendant contends (1) that he received ineffective assistance from his trial counsel; and (2) that his pleas were not knowingly, voluntarily, and understandingly entered. Following our review, we conclude that the Defendant’s pleas were not knowingly, voluntarily, and understandingly entered. Accordingly, we reverse the judgments of the trial court and remand the case to the trial court for further proceedings consistent with this opinion.

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