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Posted by: Landry Butler on Jul 26, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Bailey M. Harned, Knoxville, Tennessee, for the appellant, Stanley Abernathy James.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Renee W. Turner, Senior Counsel; Charme P. Allen, District Attorney General; and Kevin J. Allen, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Stanley Abernathy James (“the Petitioner”) was found guilty of second degree murder by a Knox County jury, for which the Petitioner received a sentence of twenty-five years. This court affirmed the Petitioner’s conviction and sentence, and our supreme court denied further review. The Petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, which the post-conviction court denied. On appeal, the Petitioner argues that trial counsel rendered ineffective assistance because trial counsel: (1) failed to fully pursue a defense theory of voluntary manslaughter instead of self- defense; (2) requested a jury instruction that misstated Tennessee law; (3) failed to fully research and investigate potential witnesses; and (4) failed to fully research and investigate the Petitioner’s medical history. After a thorough review of the record and applicable case law, we affirm.