Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs November 14, 2017
from the Circuit Court for Grundy County No. 5169 Justin C.
Petitioner, Jerry Finis Layne, appeals the denial of his
petition for post-conviction relief, arguing that he received
ineffective assistance of counsel and that his guilty plea
was unknowingly and involuntarily entered. Following our
review, we affirm the denial of the petition.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Jeffery Harmon, District Public Defender; and Robert G.
Morgan, Assistant Public Defender, for the appellant, Jerry
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Counsel; James Michael Taylor, District
Attorney General; and David L. Shinn, Jr., Assistant District
Attorney General, for the appellee, State of Tennessee.
E. Glenn, J., delivered the opinion of the court, in which
John Everett Williams and Norma McGee Ogle, JJ., joined.
E. GLENN, JUDGE.
Petitioner was indicted for two counts of aggravated assault
and one count of aggravated kidnapping. On September 22,
2014, he pled guilty to one count of aggravated assault in
exchange for a ten-year-sentence and dismissal of the other
charges. The State recited the following factual basis for
the plea at the guilty plea hearing as follows:
Testimony from Jody Dykes and Jody Kinnery would be that on
April 7, 2013, the [Petitioner] and Mr. Dykes and Ms.
Kinnery, along with some other individuals were at Ms.
Kinnery's residence in the Daus Mountain area of Grundy
County. Mr. Dykes and Ms. Kinnery's testimony would be
that the [Petitioner] became upset with Jody Dykes based upon
some allegations the [Petitioner] made against Mr. Dykes. The
[Petitioner] picked up a baseball bat and was threatening to
kill Mr. Dykes. Came at him, took a swing at him. Mr. Dykes
would testify that he swung towards his head. The only thing
that saved him, Mr. Dykes would testify, he raised his arm
and was struck on his elbow. There was a knot that came up on
his elbow and some bruising. Mr. Dykes was separated from the
At some time later that day the [Petitioner] got Ms. Kinnery
to take him looking for a gun. Ms. Kinnery would state that
the [Petitioner] was continuing to threaten to kill Mr.
Dykes. Could not obtain a gun. They went back to Ms.
Kinnery's residence and the [Petitioner] picked up a
knife and started chasing through the house looking for Mr.
Dykes, threatened to kill Mr. Dykes and while the
[Petitioner] was looking through the house for Mr. Dykes, the
testimony from the witness would be that Mr. Dykes kind of
slipped off and fled from the residence.
The [Petitioner] was later arrested. Jon Bell would testify
that the knives that the [Petitioner] had in his possession
were found thrown out in the yard of the area of the home of
trial court reviewed the Petitioner's rights with him and
inquired whether he understood those rights and was satisfied
with counsel. The Petitioner testified that he understood the
terms of ...