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Posted by: Suzanne Craig Robertson on May 15, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Wilmarcus H. Martin.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith DeVault, Senior Counsel; Charme P. Allen, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Wilmarcus H. Martin, appeals from the denial of his petition for post-conviction relief, wherein he challenged his guilty-pleaded conviction for cocaine possession with intent to sell within 1,000 feet of a park. On appeal, the Petitioner contends that he received the ineffective assistance of counsel, leading to an involuntary plea, because trial counsel told him incorrectly that his release eligibility would be changed from 100% to 85% by the Tennessee Department of Correction (“TDOC”) once he began serving his sentence, and because trial counsel failed to reserve a challenge to the search as a part of the guilty plea. Following our review, we affirm the judgment of the post-conviction court.