State v. Lawson ( 1997 )

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).
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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
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