ANDRE BENSON v. STATE OF TENNESSEE - Articles

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Posted by: Karen Belcher on Jan 19, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Patrick E. Stegall

Attorneys 2:

Herbert H. Slatery III

Judge(s): JOHN EVERETT WILLIAMS

The Petitioner, Andre Benson, was convicted of aggravated robbery after a jury trial and was sentenced to serve fifteen years in prison. The Petitioner filed a timely post- conviction petition, and the post-conviction court denied the petition without a hearing for failure to state a colorable claim. The Petitioner then filed a second petition, raising a claim of ineffective assistance of counsel. The post-conviction court held a hearing on the second petition, which it proceeded to deny. On appeal, the Petitioner contends that he received the ineffective assistance of his counsel at trial and that, as a result, he is entitled to post-conviction relief. The State counters that the post-conviction court lacked jurisdiction to hear a second post-conviction petition when a prior petition was decided on the merits. Alternatively, the State argues that the petition was without merit and that the denial should be affirmed. We conclude that the post-conviction court was required by statute to dismiss the second or subsequent petition, and we affirm the denial of post- conviction relief.

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