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Freddie Vaught v. State of Tennessee
State: Tennessee
Court: Court of Appeals
Docket No: M2003-00955-CCA-R3-PC
Case Date: 12/30/2003
Plaintiff: Freddie Vaught
Defendant: State of Tennessee
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs December 16, 2003

FREDDIE VAUGHT v. STATE OF TENNESSEE
Direct Appeal from the Circuit Court for Rutherford County
No. F-52218 James K. Clayton, Jr., Judge

No. M2003-00955-CCA-R3-PC - Filed December 30, 2003
The petitioner appeals the denial of post-conviction relief.  He argues his guilty plea to second degree murder was involuntary due to ineffective assistance of trial counsel. We affirm the judgment of the post-conviction court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
JOE G. RILEY, J., delivered the opinion of the court, in which THOM AS T. WOODA LL and NORMA MCGEE OGLE, JJ., joined.
Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Freddie Vaught.
Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and John W. Price, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION
On March 8, 2001, the petitioner pled guilty to second degree murder in exchange for a fifteen-year sentence.  The plea was entered on the third day of his trial for first degree murder. He timely sought post-conviction relief, arguing his guilty plea was involuntary due to conflicts with a member of the defense team.  The post-conviction court denied his request for relief, and this appeal ensued.

POST-CONVICTION RELIEF HEARING
The petitioner testified the District Public Defender represented him on the charge of first degree murder.  He stated he had no problems with the District Public Defender, who was lead counsel on his case; however, he had a poor relationship with the assistant public defender who also helped with his case.  He further complained his attorneys did not keep him properly advised as to the status of his case prior to trial.
The petitioner testified the assistant public defender urged him to accept the state
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