TIMOTHY EVANS 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:

Donna Miller, Chattanooga, Tennessee, for the appellant, Timothy Evans.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Linda D. Kirklen, Assistant Attorney General; M. Neal Pinkston, District Attorney General; and Bates W. Bryan, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Timothy Evans, appeals from the Hamilton County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that trial counsel was ineffective (1) for failing to have the Petitioner “evaluated in order to present an insanity or diminished capacity defense”; (2) for failing to call “a psychological expert” to support the Petitioner’s duress defense; (3) for failing to “adequately prepare” the Petitioner to testify on cross-examination; and (4) for “depriving [the] Petitioner of a review of his duress [defense] by the appellate courts” by failing to include portions of the trial transcript in the appellate record. Discerning no error, we affirm the judgment of the post-conviction court.

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