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Posted by: Barry Kolar on May 14, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Douglas A. Trant, Knoxville, Tennessee, for the appellant, Dimitrie Colbert.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; J. Ross Dyer, Senior Counsel; Amy P. Weirich, District Attorney General; and Josh Corman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Dimitrie Colbert, murdered his girlfriend and was subsequently charged with one count of first degree (felony) murder, one count of first degree (premeditated) murder, one count of especially aggravated kidnapping, one count of aggravated rape, one count of aggravated kidnapping, and one count of evading arrest in a motor vehicle. The State sought the death penalty. Pursuant to a plea agreement, the petitioner pled guilty to one count of first degree (felony) murder and one count of evading arrest in a motor vehicle, a Class D felony. He received an agreed-upon life sentence for the murder conviction and a consecutive four-year sentence for the evading arrest conviction. The petitioner filed a timely post-conviction petition, alleging that trial counsel performed deficiently in investigating his mental health and in advising him to accept the plea offer. After a thorough review of the record, we conclude that the petitioner has not established that he received the ineffective assistance of counsel, and we affirm the judgment of the post-conviction court.