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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON September 12, 2000 Session JIMMY LEE PIERCE v. STATE OF TENNESSEE
Direct Appeal from the Circuit Court for Fayette County Nos. 4514 and 4515 Jon Kerry Blackwood, Judge

No. W2000-00630-CCA-R3-CD - Filed November 2, 2000

The petitioner, Jimmy Lee Pierce, was convicted of aggravated kidnapping and was sentenced to a term of 11 years. Because the petitioner received the effective assistance of counsel at trial and because there is no merit to his claim that the evidence was insufficient to convict, he is not entitled to post-conviction relief. Tenn. R. App. P. 3; Judgment of the Trial Court Affirmed. GARY R. WADE, P.J., delivered the opinion of the court, in which DAVID G. HAYES and THOMAS T. WOODALL , JJ., joined. William S. Rhea, Somerville, Tennessee, for the appellant, Jimmy Lee Pierce. Paul G. Summers, Attorney General and Reporter, Lucian D. Geise, Assistant Attorney General, Elizabeth Rice, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION The petitioner, Jimmy Lee Pierce, appeals the trial court's denial of his petition for postconviction relief. The issues presented for review are whether the petitioner was denied effective assistance of counsel at trial and whether there was sufficient evidence to convict. The judgment is affirmed. On May 17, 1997, the victim, Samuel Richardson, was driving his gray Ford LTD through Fayette County. Lou Ann Vester was a passenger. When the victim saw the petitioner and two other men, Jermaine Johnson and Terrance Hunt, he offered them a ride. Along the way, Ms. Vester told the victim that she wanted to purchase some beer. The victim, who did not want to go drinking, drove to Ms. Vester's house and gave the petitioner his car keys. The petitioner, Johnson, and Hunt were supposed to buy some beer and then return with the victim's car. When they failed to return, the victim began to search for them.

The victim testified that he eventually saw the petitioner driving his car and signaled him to stop. The victim then asked the petitioner why he had not returned the automobile. When the petitioner answered that he had to "take care of business," an argument ensued and the petitioner drove to a dead-end street and stopped the vehicle. The petitioner, Johnson, and Hunt then assaulted the victim and forced him into the trunk of the car. As a vehicle passed near the assailants, however, the victim was able to escape. The petitioner and his friends then turned the car around and seized the victim a second time. They were attempting to shove the victim into the trunk when the police intervened. At trial, the petitioner claimed that the only reason the victim offered him and his friends a ride was because he needed drug money. He explained that the victim offered to let him use the car for five hours in exchange for 30 dollars. During this time, the petitioner and his friends damaged the car trunk so that it would not completely close. The petitioner maintained that when the victim flagged down the car and saw the damaged trunk, he became enraged. He contended that the victim swung at him with a baseball bat, but missed. The petitioner, claiming self-defense, testified that he punched the victim in the mouth, knocking him down. He then asserted that he helped the victim to his feet. It was at this point that Officer Chearis arrived on scene. The jury returned a guilty verdict for aggravated kidnapping. On direct appeal, this court affirmed. State v. Pierce, No. 02C01-9807-CC-00227 (Tenn. Crim. App., at Jackson, June 17, 1999). Our supreme court denied permission to appeal on October 29, 1999. In his petition for post-conviction relief, the petitioner asserted that trial counsel was ineffective for failing to adequately communicate with him or otherwise prepare a proper defense; for failing to investigate; and for failing to interview witnesses. At the conclusion of the evidentiary hearing, the post-conviction court ruled that the petitioner received effective assistance of counsel. It concluded that trial counsel adequately communicated with the petitioner and that the petitioner was unable to establish how the investigation was inadequate or how Ms. Vera Anderson's testimony would have been beneficial at trial. The trial court dismissed altogether the attack upon the sufficiency of the evidence. In a post-conviction proceeding, the petitioner has the burden of proving factual allegations by clear and convincing evidence. Tenn. Code Ann.

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