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Layne v. State

Court of Criminal Appeals of Tennessee, Nashville

February 15, 2018

JERRY FINIS LAYNE
v.
STATE OF TENNESSEE

          Assigned on Briefs November 14, 2017

         Appeal from the Circuit Court for Grundy County No. 5169 Justin C. Angel, Judge

         The 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.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          B. Jeffery Harmon, District Public Defender; and Robert G. Morgan, Assistant Public Defender, for the appellant, Jerry Finis Layne.

          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.

          Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Norma McGee Ogle, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE.

         FACTS

         The 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 [Petitioner].
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 Ms. Kinnery.

         The 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 ...


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