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Posted by: Chandra Williams on Nov 9, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Valentine C. Darker, Memphis, Tennessee, for the appellant, Adrianne Kiser.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Rachel E. Willis, Senior Counsel; Amy P. Weirich, District Attorney General; and Lessie Rainey, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Adrianne Kiser, appeals the post-conviction court’s denial of his petition for post-conviction relief from his convictions for two counts of attempted voluntary manslaughter and one count of employing a firearm during the commission of a dangerous felony. On appeal, he asserts that: (1) the post-conviction court applied an incorrect standard in evaluating trial counsel’s performance and the resulting prejudice, and (2) if the post-conviction court applied the correct standard, then the court’s interpretation of that standard renders Tennessee Code Annotated section 40-30-106(e) and Tennessee Supreme Court Rule 13 section 5(a)(2) unconstitutional as applied to him. After review, we affirm the judgment of the post-conviction court.