Court of Criminal Appeals of Tennessee, Knoxville
Assigned on Briefs May 17, 2017
Appeal from the Criminal Court for Hamilton County No. 287830
Barry A. Steelman, Judge
2012, the Petitioner, Corey Cortez Abernathy, pleaded guilty
to burglary of an automobile and theft of property and agreed
to a sentence of two years of incarceration. In 2013, the
Petitioner filed a petition for post-conviction relief based
upon ineffective assistance of counsel. The post-conviction
court held a hearing on the petition and denied relief. On
appeal, the Petitioner alleges that he was deprived of the
effective assistance of counsel because his counsel failed to
file a motion to suppress illegally obtained evidence. We
affirm the post-conviction court's judgment.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Miller, Chattanooga, Tennessee, for the appellant, Corey
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; M. Neal
Pinkston, District Attorney General; and Amanda G. Morrison,
Assistant District Attorney General, for the appellee, State
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and John Everett Williams, J.,
W. WEDEMEYER, JUDGE.
Facts and Procedural History
case arises from the Petitioner's burglary of an
automobile. For this offense, a Hamilton County grand jury
indicted the Petitioner for burglary of an automobile and
theft of property.
to entering a plea, the Petitioner complained that he had not
received the effective assistance of counsel from his
attorney ("Counsel") and asked to be appointed a
new attorney. The trial court denied his request and set a
trial date. On that date, the trial court informed the
Petitioner that it had reconsidered his request to have a new
attorney appointed, but the Petitioner informed the trial
court that a new attorney would not be necessary and that he
would like to resolve his case while represented by Counsel.
Counsel informed the trial court that it was her
understanding that the Petitioner wished to plead guilty. The
Petitioner affirmed that was his decision.
State then recited the following facts as a basis for the
trial court's acceptance of the Defendant's guilty
[The] State's proof would have been that on December the
2nd, [the Petitioner] burglarized a vehicle
belonging to Derek Weaver, and took a laptop.
And the State's proof . . . [would have been] the police
made contact on December the 9th with [the
Petitioner] and he was found to be in possession of a GPS
belonging to Dr. Tom Bibler, a former professor at UTC, and