Michael South v. State of Tennessee - Order

• Court: Court of Criminal Appeals of Tennessee
• Decided: March 27, 2008
• Docket: 02C01-9609-CR-00312
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON FILED March 27, 2008 FEBRUARY 1997 SESSION Cecil Crowson, Jr. Appellate Court Clerk

MICHAEL SOUTH, ) C.C.A. NO. 02C01-9609-CR-00312 ) APPELLANT, ) SHELBY COUNTY ) VS ) HON. L. T. LAFFERTY, ) JUDGE STATE OF TENNESSEE, ) ) (Post Conviction - Aggravated Rape; APPELLEE. ) Aggravated Robbery)

FOR THE APPELLANT: FOR THE APPELLEE:

ROBERT C. IRBY CHARLES W. BURSON 4345 Malory Ave., E Attorney General and Reporter Memphis, TN 38111 DEBORAH A. TULLIS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493

JOHN W. PIEROTTI District Attorney General

KEVIN R. RARDIN Assistant District Attorney 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947

OPINION FILED:

AFFIRMED - RULE 20 ORDER

JOE G. RILEY, JUDGE ORDER This is an appeal from the trial court’s dismissal of a post-conviction relief

petition. The appellant, Michael South, was convicted of aggravated rape and

aggravated robbery and sentenced to serve 60 years and 30 years, respectively.

The sentences were ordered to be served consecutively. We affirm the dismissal

of the petition.

In his petition seeking post-conviction relief, the sole issue was whether

South had been denied effective assistance of counsel. After an evidentiary

hearing, the trial judge filed an excellent, detailed opinion. The trial judge found that

counsel’s performance was not deficient and denied relief. We have reviewed the

briefs, transcript of the hearing, opinion and order denying relief and the entire

appellate record. The evidence in the record does not preponderate against the

findings and conclusions of the trial court.

The judgment of the trial court is AFFIRMED pursuant to Rule 20 of the

Tennessee Court of Criminal appeals.

JOE G. RILEY, JUDGE

CONCUR:

JOE B. JONES, PRESIDING JUDGE

JOHN H. PEAY, JUDGE