Assigned on Briefs September 7, 2016
from the Criminal Court for Shelby County No. 11-03840 Paula
L. Skahan, Judge
Petitioner, Warren Hildred, appeals the Shelby County
Criminal Court's denial of his petition for
post-conviction relief from his conviction of second degree
murder and resulting seventeen-year sentence. On appeal, the
Petitioner claims that he received the ineffective assistance
of trial counsel. Based upon the record and the parties'
briefs, we affirm the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Jaber, Memphis, Tennessee, for the appellant, Warren Hildred.
Herbert H. Slatery III, Attorney General and Reporter;
Jeffrey D. Zentner, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Samuel David Winnig,
Assistant District Attorney General, for the appellee, State
McGee Ogle, J., delivered the opinion of the court, in which
Robert W. Wedemeyer and D. Kelly Thomas, Jr., JJ., joined.
MCGEE OGLE, JUDGE
afternoon of February 19, 2011, the Petitioner shot and
killed the victim, Stephanie Brown, at his home in Memphis.
State v. Warren Hildred, No. W2012-01032-CCA-R3-CD,
2013 WL 3329011, at *1 (Tenn. Crim. App. at Jackson, June 27,
2013), perm. to appeal denied, (Tenn. Nov. 13,
2013). The Petitioner and the victim had been in a
relationship and had a son together but were estranged at the
time of the shooting. See id at *1, 3. At trial, an
eyewitness to the crime testified that on the day of the
shooting, the victim went to the Petitioner's home to get
the victim's insulin medication and the battery charger
for the victim's cellular telephone. Id. at *1.
The victim, who was standing on the Petitioner's front
porch, asked the Petitioner through a closed, wrought-iron
storm door to get her medicine. Id. The Petitioner
opened the door, threw some of the victim's clothes onto
the porch, and closed the door. Id. The victim
knocked on the door and asked the Petitioner for her medicine
and battery charger. Id. The Petitioner opened the
door again and fired one gunshot at the victim, striking her
in the upper abdomen. Id. at *1, 2. The victim fell
on the porch, and the Petitioner went into his house and sat
on his living room sofa. Id. at *1. The witness said
the victim never opened the front door or stepped inside the
Petitioner's house. Id.
police officer arrived on the scene and found the victim
lying on her left side on the porch. Id. at *2. The
Petitioner later told the officer that the victim had tried
to break into his home and that he shot her. Id. A
second police officer examined the storm door and found no
evidence of forced entry. Id. at *3. An investigator
testified that he photographed the crime scene and that the
photographs showed a glucose meter, test strips, and the
victim's medicine on the porch. Id. at *2. A
second eyewitness testified that none of those items were on
the porch at the time of the shooting. Id.
police arrested the Petitioner, and he gave a statement in
which he said the following: The Petitioner opened the storm
door, placed the victim's medicine on the porch, and
locked the door. Id. at *3. The victim asked for her
battery charger and "'must have gotten mad and then
she started pulling on the door.'" Id. The
victim "'had the look in her eyes'" and
took about five steps into the house. Id. The victim
had a blue object in her hand. Id. The Petitioner
did not know what the victim was going to do, so he shot her.
Id. The victim "'fell back out the
Isreal Taylor testified that he conducted a second interview
with the Petitioner. Id. The Petitioner told Officer
Taylor that he and the victim began arguing over her clothes,
that he put her "stuff on the porch, and that he
retrieved his gun from a closet because he feared for his
life. Id. at *4. The Petitioner noticed a blue,
"'rag tipped' comb" in the victim's
hand, and he thought she was going to use it as a weapon
"'[b]ecause of previous incidents.'"
Id. The Petitioner said that he meant to shoot the
victim but that he did not mean to kill her. Id.
After the shooting, the Petitioner put the gun on a coffee
table and telephoned the Memphis Police Department's
non-emergency number. Id.
Petitioner testified at trial that the victim had been
violent toward him in the past by hitting him in the head
with a brick. Id. at *5. The Petitioner was
hospitalized, and the victim was arrested. Id. In
other incidents, the victim attempted to stab the Petitioner
with a knife and shoved him against the corner of his house,
tearing his rotator cuff. Id. On the day of the
shooting, the victim arrived at the Petitioner's home and
told him that "I'm going to show your ass something,
" which he took as a threat. Id. He retrieved
his handgun and shot the victim when she
"'snatched'" open the door and approached
him with the blue comb. Id. He maintained that he
thought the victim was going to use the comb as a weapon and
that he was trying ...