Alfred Grizzell v. State ( 1998 )

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE FILED
July 23, 1998
ALFRED E. GRIZZELL, )
) C.C.A. NO. 01C01-9709-CR-00409
Cecil W. Crowson
Appellant, )
Appellate Court Clerk
) DAVIDSON COUNTY
VS. ) (No. B-7976 & B-7977 Below)
)
STATE OF TENNESSEE, ) The Hon. Seth Norman
)
Appellee. ) AFFIRMED PURSUANT TO RULE 20
) (Denial of Post-Conviction Relief)
ORDER
This matter is before the Court upon the state's motion to affirm the judgment
of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
petitioner is appealing the trial court's denial of his petition for post-conviction relief and
opposes the state’s motion.
From a review of the record, the pleadings, and this Court’s previous
opinions, it is clear that the trial court properly granted the state’s motion to dismiss.
Specifically, all but one of the issues presented in this appeal have been previously
determined, see T.C.A. § 40-30-206(h). Moreover, the appellant’s remaining issue in
which he claims that appellate counsel was ineffective by failing to raise certain issues on
direct appeal is also without merit. The issues which the petitioner claims appellate
counsel should have raised on direct appeal were raised by the petitioner in a pro se
supplemental brief. This Court considered the issues in the supplemental brief and held
that they were without merit. See State v. Alfred Eugene Grizzell, No. 85-56-III, Slip Op.
at 12 (Tenn. Crim. App., at Nashville, Sept. 27, 1985), perm. to app. denied, (Tenn. Nov.
25, 1985). In order to succeed on an ineffective assistance claim, a petitioner must show
that the deficiencies of counsel "actually had an adverse effect on the defense." Strickland
v. Washington, 466 U.S. 668, 693, 104 S. Ct. 2052, 2067 (1984). Here, the petitioner has
failed to show prejudice.
IT IS, THEREFORE, ORDERED that the judgment of the trial court is
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. The petitioner
being indigent, costs are taxed to the state.
_____________________________
DAVID H. WELLES, JUDGE
CONCUR:
_____________________________
JERRY L. SMITH, JUDGE
_____________________________
THOMAS T. WOODALL, JUDGE
-2-