State v. Lawson

• Court: Court of Criminal Appeals of Tennessee
• Decided: September 10, 1997
• Docket: 03C01-9608-CR-00282
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

JULY 1997 SESSION FILED September 10, 1997

Cecil Crowson, Jr. Appellate C ourt Clerk

STATE OF TENNESSEE, ) C.C.A. NO. 03C01-9608-CR-00282 ) Appellee ) HANCOCK COUNTY ) v. ) HON. JAMES E. BECKNER, ) JUDGE PATRICIA LAWSON, ) ) Post-conviction Appellant ) (attempted aggravated rape; ) aggravated assault)

FOR THE APPELLANT FOR THE APPELLEE

Herbert Holcomb John Knox Walkup 101 Church Street Attorney General & Reporter Rogersville, TN 37857 Marvin E. Clements, Jr. Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493

C. Berkeley Bell, Jr. District Attorney General

William Floyd Rhea Assistant District Attorney General North Court Street Sneedville, TN 37869

OPINION FILED

AFFIRMED

JOHN K. BYERS SENIOR JUDGE OPINION

On September 26, 1994, the petitioner filed a petition for post-conviction relief

in which she asserts the following issues:

A. Whether Ms. Lawson’s plea of guilty was voluntary despite her mental condition at the time said plea was entered?

B. Whether Ms. Lawson was denied effective assistance of counsel, in that despite her diminished mental capacity at the times surrounding her case preparation and entry of her guilty plea, defense counsel did not move the Court for a mental evaluation.

On December 6, 1995, the trial court conducted an evidentiary hearing on the

petition. The record of the plea of guilty was filed in the proceeding and the

petitioner and her convicting trial counsel testified.

The petitioner testified she was suffering from mental and emotional problems

when she was in jail prior to and at the time of the entry of her plea which made her

unable to understand the proceedings and voluntarily waive her rights to trial. The

petitioner further testified her attorney was incompetent for not seeking a mental

evaluation of her prior to the hearing. In addition to this, the petitioner testified she

overdosed on drugs while in jail and that she was on drugs at the time she pled

guilty.

Trial counsel testified he did not observe anything to make him believe the

petitioner was suffering from any mental, emotional, or drug-related condition that

rendered her incapable of understanding what she was doing when she pled guilty.

Counsel testified the evidence of petitioner’s guilt of rape was very strong and

the plea which was negotiated with the State was done with her knowledge, consent,

and participation.

The burden is upon the petitioner to prove the allegations in the petition by a

preponderance of the evidence. McBee v. State (655 S.W.2d 191 (Tenn. Crim. App.

1983). The trial judge found the petitioner had failed to do so. The findings of the

trial judge are conclusive on appeal unless the evidence preponderates against its

judgment. State v. Buford, 666 S.W.2d 473 (Tenn. Crim. App. 1983).

2 The evidence does not preponderate against the findings of the trial judge and

we affirm the judgment.

___________________________________ John K. Byers, Senior Judge

CONCUR:

______________________________ David H. Welles, Judge

______________________________ Thomas T. Woodall, Judge