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Posted by: Chandra Williams on Oct 21, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Daniel J. Cantwell, Kingsport, Tennessee, for the Appellant, Jason Charles Austin.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Clarence E. Lutz, Senior Counsel; and Anthony Wade Clark, District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Jason Charles Austin, appeals from the denial of his petition for post-conviction relief. Petitioner was indicted for one count of first degree murder. Petitioner was convicted by a jury of second degree murder and sentenced by the trial court to 23 years incarceration. Petitioner?s conviction and sentence were affirmed by this court on direct appeal. State v. Charles Austin, No. E2010-00796-CCA-R3-CD, 2012 WL 2445058 (Tenn. Crim. App., June 28, 2012), perm. app. denied (Tenn., Nov. 21, 2012). Petitioner sought post-conviction relief, alleging that his trial counsel provided ineffective assistance. Following an evidentiary hearing, the post-conviction court denied relief. Having reviewed the entire record before us and the briefs of the parties, we conclude that the evidence does not preponderate against the post-conviction court?s findings and conclusions. Accordingly, the judgment of the post-conviction court is affirmed.