SAMUEL W. HIRSCH v. STATE OF TENNESSEE - Articles

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Posted by: Chandra Williams on Jul 19, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Nicholas Spring Davenport, V, Morristown, Tennessee, for the appellant, Samuel W. Hirsch.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Dan Armstrong, District Attorney General; and Cecil C. Mills, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Samuel W. Hirsh (“the Petitioner”) entered a best interest plea to first degree felony murder and was sentenced to life without the possibility of parole. He then filed a timely pro se Petition for Post-Conviction Relief alleging numerous grounds. Following a hearing, the post-conviction court denied relief and dismissed the petition. On appeal the Petitioner claims that (1) counsel1 was ineffective for failing to file a motion to suppress the Petitioner’s statements and (2) “[the] conviction was based upon a coerced [p]lea [a]greement predicated upon an innate fear of receiving the [d]eath [p]enalty.” Upon review, we affirm the judgment of the post-conviction court.

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