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Posted by: Suzanne Craig Robertson on Aug 8, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Andrea D. Sipes , Jackson , Tennessee (on appeal); and Lindsey R. Steffgen Memphis , Tennessee (at hearing), for the appellant, Kenneth Kirkwood.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle , Assistant Attorney General; Amy P. Weirich, District Attorney General; and Carla L. Taylor , Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): GLENN

The Petitioner, Kenneth Kirkwood, appeals the dismissal of his petition for post- conviction relief, arguing that the post-conviction court erred in denying him a full hearing and concluding that he waived all his ineffective assistance of counsel claims by raising an allegation of ineffective assistance of counsel in his motion for new trial and on direct appeal. Following our review, we affirm the dismissal of the petition on the basis that the Petitioner has already been afforded an opportunity to litigate his ineffective assistance of counsel claim.