Assigned on Briefs January 5, 2017
from the Criminal Court for Shelby County No. 13-03935 James
M. Lammey, Jr., Judge
petitioner, Robert Lindiment, appeals the denial of his
petition for post-conviction relief, arguing that the court
erred in finding that he received effective assistance of
counsel. Following our review, we affirm the denial of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
J. Beasley (on appeal) and Megan R. House (at hearing),
Memphis, Tennessee, for the appellant, Robert Lindiment.
Herbert H. Slatery III, Attorney General and Reporter;
Jonathan H. Wardle, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Glen C. Baity,
Assistant District Attorney General, for the appellee, State
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Camille R. McMullen, JJ., joined.
E. GLENN, JUDGE
August 15, 2013, the then-seventeen-year-old petitioner and a
co-defendant, Corey Mitchell, were indicted by the Shelby
County Grand Jury for attempted first degree murder,
aggravated assault, and employing a firearm during the
commission of a dangerous felony. On April 7, 2014, the
petitioner, who had turned eighteen, pled guilty to the
attempted first degree murder charge, a Class A felony, in
exchange for a fifteen-year sentence at thirty percent as a
Range I offender. Pursuant to the terms of his negotiated
plea agreement, the remaining charges were dismissed.
joint guilty plea hearing, the prosecutor recited the
following factual basis for the petitioner and Mr.
Had the matters respectively proceeded to trial, the State
submits that [the] proof would have been on February 2, 2013,
at approximately 11 p.m., the victim Jeremiah Mays was at
2574 Malone here in Memphis, Shelby County[, ] when he was
confronted by two male blacks. He didn't know them very
well. He did, however, know they were in a rival gang.
There had been some confrontation prior to this about
apparent allegation [sic] there may have been a prior
shooting prior to this date. The males were upset with Mays
because they felt he was flirting with their girlfriends.
There was an argument that escalated when apparently [the]
victim thought bought [sic] may have pulled guns but
according to the co[-]defendant it was actually [the
petitioner] who . . . fired his weapon several times at the
victim, striking him twice in the leg. Corey Mitchell
apparently was the driver of the vehicle as it drove by.
All events did occur in Memphis, Shelby County,
Tennessee. . . . [T]he victim did pick out both out of a
photo lineup and sa[id] one was the driver Corey Mitchell and
also [the petitioner] was the shooter in fact.
[The petitioner] did in fact give a confession saying he
was the shooter and that Corey Mitchell did in fact drive
the vehicle. And there were several Facebook pages taken
where there was a photo on both Facebook pages with guns
very similar to those described by the victim.
October 10, 2014, the petitioner filed a pro se petition for
post-conviction relief, followed by an amended petition after
the appointment of counsel. In his petitions, the petitioner
raised claims of ineffective assistance of trial counsel and
an unknowing and involuntary guilty plea. Specifically, he
alleged that his plea was the product of ignorance,
incomprehension, and coercion based on his youth, limited
education, and diminished mental capacity. The petitioner
asserted that trial counsel failed to adequately explain the
consequences of his plea and coerced him to enter the plea.
The petitioner asserted that, were it not for trial
counsel's deficiencies in representation, he would not
have pled guilty but instead would have proceeded to trial.
June 30, 2015 evidentiary hearing, the nineteen-year-old
petitioner testified that he had a seventh grade education
and had been diagnosed with bipolar disorder and
schizophrenia. The petitioner denied that trial counsel
explained his rights to him, but he "[s]ort of"
remembered the trial court's discussing his rights at the
guilty plea hearing. He said he did not understand that he
would not have a trial if he pled guilty and thought he would
be sentenced to two years if he ...