Marvin Massey v. State

• Court: Court of Criminal Appeals of Tennessee
• Decided: December 1, 2010
• Docket: 01C01-9711-CR-00520
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE FILED NOVEMBER 1998 SESSION January 7, 1999

Cecil W. Crowson Appellate Court Clerk

MARVIN K. MASSEY, ) ) C.C.A. No. 01C01-9711-CR-00520 Appellant, ) ) Davidson County V. ) ) Honorable J. Randall Wyatt, Jr., Judge ) STATE OF TENNESSEE, ) (Post-Conviction) ) Appellee. )

FOR THE APPELLANT: FOR THE APPELLEE:

Thomas Edward Nelson John Knox Walkup 211 Third Ave., N. Attorney General & Reporter Nashville, TN 37201 Kim R. Helper Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493

Victor S. (Torry) Johnson III District Attorney General

Lila Statom Assistant District Attorney General Washington Square, Suite 500 222 Second Ave., N. Nashville, TN 37201-1649

ORDER FILED: ___________________

AFFIRMED PURSUANT TO RULE 20

PAUL G. SUMMERS, Judge ORDER

The petitioner pled guilty to second-degree murder in exchange for a

twenty-two year sentence. No direct appeal was taken. The petitioner

subsequently filed the instant petition alleging that he received ineffective

assistance of counsel. After a hearing the trial court denied relief, finding that

the petitioner received “sound advice from counsel [and] detailed instruction by

the Court.”

Upon our review of the record, we find that the evidence does not

preponderate against the trial court's findings. We further find that no error of

law requiring reversal or other action is apparent on the record. Accordingly, the

judgment of the trial court is affirmed in accordance with Rule 20 of the Court of

Criminal Appeals of Tennessee.

It is so ordered.

__________________________ PAUL G. SUMMERS, Judge

CONCUR:

_____________________________ JOE G. RILEY, Judge

_____________________________ L. T. LAFFERTY, Senior Judge

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