VALENTINO L. DYER v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Mar 22, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Elizabeth G. Adams, Dayton, Tennessee, for the appellant, Valentino L. Dyer.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; James Michael Taylor, District Attorney General; and James W. Pope III, and Will Dunn, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Valentino L. Dyer, appeals from the denial of his petition for post- conviction relief, wherein he challenged his convictions for especially aggravated robbery and aggravated burglary. See Tenn. Code Ann. §§ 39-13-403, -14-403. In this appeal as of right, the Petitioner alleges that trial counsel was ineffective in the following ways: (1) by failing to object to the State’s deficient notice seeking enhanced punishment, thereby causing the Petitioner to be confused regarding the State’s plea offer and factoring into his decision to reject the fifteen-year offer; (2) by failing to negotiate a more favorable plea offer from the State due to his “improper understanding of the Petitioner’s criminal convictions”; (3) by failing to prepare the Petitioner to testify at trial; (4) by failing to visit the crime scene; (5) by failing to object to two photographs of the machete used during the break-in; (6) by failing to argue that the victim did not suffer serious bodily injury; (7) by failing to discuss with the Petitioner “any mitigating factors or the sentencing hearing” prior to the hearing itself; (8) by failing to subpoena or call witnesses on the Petitioner’s behalf at the sentencing hearing; and (9) “all other reasons set forth in the petition and amended petition for post-conviction relief.” Following a review of the record, all but one of the Petitioner’s issues are waived due to an inadequate brief, and the single issue properly presented for review lacks merit. Accordingly, we affirm the judgment of the post-conviction court.

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