State v. Gregory Jackson

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