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Timberlake v. State

Court of Criminal Appeals of Tennessee, at Jackson
Jun 8, 2010
No. W2009-01700-CCA-R3-PC (Tenn. Crim. App. Jun. 8, 2010)

Opinion

No. W2009-01700-CCA-R3-PC.

Filed June 8, 2010.

Appeal from the Circuit Court for Henderson; County No. 07064-2; Donald H. Allen, Judge.

Judgment of the Circuit Court Affirmed Pursuant to Rule 20, Rules of Court of Criminal Appeals.

Hewitt Chatman, Assistant Public Defender, for the appellant, Jerry Timberlake.

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; James G. (Jerry) Woodall, District Attorney General; and Angela R. Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

ALAN E. GLENN, J., delivered the opinion of the Court, in which J.C. MCLIN and CAMILLE R. MCMULLEN, JJ., joined.


MEMORANDUM OPINION

The petitioner, Jerry Timberlake, appeals the Henderson County Circuit Court's denial of his petition for post-conviction relief. The State has filed a motion requesting that this court affirm the lower court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to prove his allegations by clear and convincing evidence, we conclude that the State's motion is well-taken. Accordingly, we affirm the lower court's denial of post-conviction relief.

In August 2006, the petitioner pled guilty to second degree murder in exchange for a fifteen-year sentence at 100%. He filed a pro se petition for post-conviction relief on August 24, 2007, alleging that he received the ineffective assistance of trial counsel. In December 2007, the post-conviction court dismissed the petition because the petitioner failed to verify it under oath, as required by the Post-Conviction Procedure Act and Rule 28 of the Rules of the Tennessee Supreme Court. The petitioner appealed to this court, and we reversed the post-conviction court's summary dismissal of the petition and remanded the case for further proceedings. See Jerry Timberlake v. State, No. W2008-00037-CCA-R3-PC,


Summaries of

Timberlake v. State

Court of Criminal Appeals of Tennessee, at Jackson
Jun 8, 2010
No. W2009-01700-CCA-R3-PC (Tenn. Crim. App. Jun. 8, 2010)
Case details for

Timberlake v. State

Case Details

Full title:JERRY TIMBERLAKE v. STATE OF TENNESSEE

Court:Court of Criminal Appeals of Tennessee, at Jackson

Date published: Jun 8, 2010

Citations

No. W2009-01700-CCA-R3-PC (Tenn. Crim. App. Jun. 8, 2010)