Opinion
No. 02-C-01-9705-CC-00175.
March 26, 1998.
Benton County, Honorable Julian P. Guinn, Judge, (Post-Conviction Relief).
AFFIRMED PURSUANT TO RULE 20
FOR THE APPELLANT:
Ronald E. Darby, Attorney at Law
FOR THE APPELLEE:
John Knox Walkup, Attorney General Reporter, Georgia B. Felner, Counsel for the State, Robert Gus Radford, District Attorney General, Victoria L. DiBonaventura, Assistant District Attorney General.
OPINION
The appellant, Joseph Troy Manuel (petitioner), appeals as of right from a judgment of the trial court dismissing his action for post-conviction relief. In this court, the defendant contends "the reasonable doubt jury instruction given at the guilt phase of the Defendant's trial violate[d] the Sixth, Eighth, and Fourteenth Amendments of the United States Constitution and the law of the land, Article I, Section 8, Constitution of the State of Tennessee." After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals.
The appellate courts of this State have upheld the use of a reasonable doubt instruction like the instruction given in this case. State v. Nichols, 877 S.W.2d 722, 734 (Tenn. 1994), cert.denied, 513 U.S. 1114, 115 S.Ct. 909, 130 L.Ed.2d 791 (1995);Pettyjohn v State, 885 S.W.2d 364, 365-66 (Tenn.Crim.App.),per. app. denied (Tenn. 1994); State v. Hallock, 875 S.W.2d 285, 294 (Tenn.Crim.App.), per. app. denied, (Tenn. 1994); see Terry Shannon Kimery v. State, Greene County No. 03-C-01-9512-CC-00412, 1997 WL 31143, slip op. 2-5 (Tenn.Crim.App., Knoxville, January 28, 1997), per. app. denied (Tenn. May 5, 1997).
________________________________ JOE B. JONES, PRESIDING JUDGE
CONCUR:
________________________________ GARY R. WADE, JUDGE
________________________________ JERRY L. SMITH, JUDGE