PAUL DAVID CHILDS v. STATE OF TENNESSEE - Articles

All Content


Posted by: Amelia Ferrell Knisely on Apr 28, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

David Harris, Nashville, Tennessee (on appeal); and David M. Hopkins, Murfreesboro, Tennessee (at post-conviction hearing), for the appellant, Paul David Childs.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Benjamin A. Ball, Senior Counsel; Glenn R. Funk, District Attorney General; and Bret Thomas Gunn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Paul David Childs, appeals as of right from the Davidson County Criminal Court?s dismissal of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel. Specifically, the Petitioner alleges that trial counsel was ineffective (1) for failing to “adequately inform” the Petitioner about “his rights regarding a preliminary hearing” and failing to request a preliminary hearing; (2) for failing to impeach the victim with an alleged prior inconsistent statement; (3) for preventing the Petitioner from testifying at trial; (4) for failing to sufficiently prepare for the trial, failing to present any witnesses at trial, and pursuing a “highly questionable” trial strategy; and (5) for advising the Petitioner to waive his right to appeal his conviction. Discerning no error, we affirm the judgment of the post-conviction court.