Opinion
C.C.A. No. 02C01-9707-CC-00240.
June 15, 1998.
Dyer County, Honorable Lee Moore, Judge, (Post-Conviction).
FOR THE APPELLANT: Greg Alford, Attorney at Law.
FOR THE APPELLEE: John Knox Walkup, Attorney General Reporter, Marvin E. Clements, Jr., Assistant Attorney General, C. Phillip Bivens, District Attorney General.
OPINION
The petitioner, Eddie Joe Mann, was convicted by a jury of theft under $500. Our Court affirmed his conviction and sentence. State v. Eddie Joe Mann, No. 02C01-9512-CC-00395 (filed at Jackson, January 16, 1997). He filed a post-conviction relief petition alleging ineffective assistance of counsel at both the trial and appellate levels. The hearing court denied relief. Petitioner appealed to this Court. Oral argument was heard on June 2, 1998.
We have reviewed this record and our opinion on direct appeal. We take note of the lengthy and comprehensive order filed by the Honorable Lee Moore, post-conviction judge, which details the facts and issues gleaned at the hearing. We take the liberty of incorporating by reference this order because of its accuracy and thoroughness. We appreciate findings and conclusions such as these when we review appellate records.
To be entitled to relief based on a claim of ineffective assistance of counsel, the petitioner must show that counsel's performance was deficient and that such deficiency prejudiced the defense. The burden rests on the petitioner to prove his allegations by clear and convincing evidence. Unless the evidence preponderates otherwise, the findings of the hearing court are conclusive on appeal. This petitioner has not demonstrated that the evidence preponderates against the hearing court's judgment.
The judgment denying relief is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee.
____________________________ PAUL G. SUMMERS, Judge
CONCUR:
____________________________ DAVID H. WELLES, Judge
____________________________ DAVID R. FARMER, Special Judge