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Posted by: Landry Butler on Oct 20, 2016

Head Comment: CORRECTION: Comer Donnell did not represent the petitioner in this case and his name has been removed from the opinion.

Court: TN Court of Criminal Appeals

Attorneys 1:

Ryan C. Caldwell, Nashville, Tennessee, for the appellant, Martin Dean Gibbs.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Alyssa Henning, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Martin Dean Gibbs, appeals as of right from the denial of his petition for post-conviction relief, wherein he challenged his convictions for multiple counts of aggravated sexual battery of a child less than thirteen years of age and rape of a child more than three years of age but less than thirteen years of age. See Tenn. Code Ann. §§ 39-13-504; -522. On appeal, the Petitioner contends that he received ineffective assistance of counsel based on trial counsel's failure to provide appropriate accommodations for the Petitioner's hearing difficulties during his trial. The Petitioner claims that, because of this failure, he was unable to meaningfully participate in his own defense at trial. Following our review, we affirm the judgment of the post-conviction court.