State v. Gregory Jackson

• Court: Court of Criminal Appeals of Tennessee
• Decided: March 11, 1998
• Docket: 02C01-9706-CR-00206
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT JACKSON

FEBRUARY 1998 SESSION FILED March 11, 1998

GREGORY EARL JACKSON, ) Cecil Crowson, Jr. ) Appellate C ourt Clerk APPELLANT, ) ) No. 02-C-01-9706-CR-00206 ) ) Shelby County v. ) ) W. Fred Axley, Judge ) ) (Post-Conviction Relief) STATE OF TENNESSEE, ) ) APPELLEE. )

FOR THE APPELLANT: FOR THE APPELLEE:

William W. Nowlin John Knox Walkup Attorney at Law Attorney General & Reporter 100 North Main Bldg., Suite 3201 425 Fifth Avenue, North Memphis, TN 38103 Nashville, TN 37243-0493

Deborah A. Tullis Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493

William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 3-01 Nashville, TN 38103

Rhea Clift Assistant District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103

OPINION FILED:___________________________________

AFFIRMED PURSUANT TO RULE 20

Joe B. Jones, Presiding Judge OPINION

The appellant, Gregory Earl Jackson (petitioner), appeals as of right from a

judgment of the trial court dismissing his action for post-conviction relief. In this court, the

petitioner contends the evidence contained in the record establishes he was denied his

constitutional right to the effective assistance of counsel prior to and during his guilty plea.

The evidence consisted of the testimony of the petitioner and the attorney who

represented him. The testimony of these two witnesses conflicts as to every material

issue, and the conflicts cannot be reconciled.

After a thorough review of the record, the briefs submitted by the parties, and the

law which governs the issue presented for review, it is the opinion of this court that the

judgment should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.

The evidence contained in the record does not preponderate against the findings of fact

made by the trial court. Butler v. State, 789 S.W.2d 898, 899 (Tenn. 1990).

_______________________________________ JOE B. JONES, PRESIDING JUDGE

CONCUR:

______________________________________ JOHN H. PEAY, JUDGE

______________________________________ THOMAS T. WOODALL, JUDGE