Garry E. Collins v. State

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE

JANUARY SESSION, 1999

GARRY E. COLLINS, ) C.C.A. NO. 01C01-9806-CR-00240 )

Appe llant, )

) WILSON COUNTY

V. )

)

) HON. BOBBY CAPERS, JUDGE STATE OF TE NNE SSE E, )

)

Appellee. ) (POST-CONVICTION)

FOR THE APPELLANT: FOR THE APPELLEE:

B. KEITH WILLIAMS JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter

BRODY N. KANE TIMOTHY BEHAN Attorney at Law Assistant Attorney General Taylor, Taylor, Lannom & Williams 2nd Floor, Cordell Hull Building 102 East Main Street 425 Fifth Avenue North Lebanon, TN 37087 Nashville, TN 37243

TOM P. THOMPSON, JR.

District Attorney General

DAVID D URH AM

Assistant District Attorney General 119 South College Street

Lebanon, TN 37087-3609

OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 THOMAS T. WOODALL, JUDGE

ORDER

In this case, the Petitioner/A ppellant, G arry E. Co llins, appea ls the order

of the Wilson County Criminal Court dismissing his petition fo r post-co nviction relief. Petitione r argues that his trial co unsel w as ineffec tive.

After a full hearing, the trial court found in its order denying the petition for post-conviction relief, that the testimony of two attorneys who represented Petitioner at the trial court proceed ings, “clearly and con vincingly” rebutted the testimony of the Petitioner and his mother on each allegation raised by Petitioner in his pleadings and orally from the witness stand. The trial court specifically found that the clear and convincin g weigh t of the evide nce wa s contrar y to the allegations made by Petition er, and that his claim s of ineffective assistance of counsel were without merit.

In this proceeding, the action of the trial judge was not a determination of guilt, and the eviden ce in the record does not preponderate against the findings of the trial judge. Furthermore, no error of law requiring a reversal of the judgment is appa rent on the rec ord. A ccord ingly, it is hereby ordered that the judgment of the trial court is affirmed in accordance with Rule 20 of the Court of Criminal Appeals of Tennessee.

____________________________________

THOMAS T. W OODALL, Judge

CONCUR:

3

___________________________________

DAVID H. WELLES , Judge

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JERRY L. SMITH, Judge