Find Laws Find Lawyers Free Legal Forms USA State Laws
Laws-info.com » Cases » Tennessee » Court of Criminal Appeals » 2007 » Paul S. Bush v. State of Tennessee
Paul S. Bush v. State of Tennessee
State: Tennessee
Court: Court of Appeals
Docket No: M2006-02442-CCA-R3-PC
Case Date: 11/05/2007
Plaintiff: Paul S. Bush
Defendant: State of Tennessee
Preview:IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT NASHVILLE
Assigned on Briefs August 15, 2007

PAUL S. BUSH v. STATE OF TENNESSEE
Direct Appeal from the Criminal Court for Macon County
Nos. 04-190, 04-191 J. O. Bond, Judge

No. M2006-02442-CCA-R3-PC - Filed November 5, 2007
The petitioner, Paul S. Bush, appeals the dismissal of his petition for post-conviction relief and contends that he received ineffective assistance of counsel regarding his guilty plea.  Specifically, the petitioner argues that counsel met with him only three or four times, failed to sufficiently review the plea agreement with him, told him he had to take the plea, made no attempt to have him mentally evaluated, failed to file a motion to suppress, and failed to review discovery materials with him prior to entering his guilty plea.  After careful review, we conclude that no error exists and affirm the judgment from the post-conviction court.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
JOHN EVERETT WILLIAMS, J., delivered the opinion of the court, in which JERRY L. SMITH and ALAN
E. GLENN, JJ., joined.
Comer L. Donnell, District Public Defender, and Thomas H. Bilbrey, Assistant Public Defender, for the appellant, Paul S. Bush.
Robert E. Cooper, Jr., Attorney General and Reporter; Leslie E. Price, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Linda D. Walls and Howard L. Chambers, Assistant District Attorneys General, for the appellee, State of Tennessee.

OPINION
The petitioner pled guilty to one count of aggravated burglary, a Class C felony, and one count of burglary, a Class D felony.  He was sentenced to consecutive four-year terms for each conviction as a Range I, standard offender for the aggravated burglary conviction and as a Range II, multiple offender for the burglary conviction.  
During the post-conviction hearing, the petitioner testified that counsel was appointed to represent him and that, prior to entering his guilty plea, they met at her office three or four times.
The petitioner said that he left messages with counsel that went unreturned and that, rather than make appointments with counsel, he would just go to her office in hopes of finding her there.  He advised counsel that he had a history of mental illness, including time spent in a mental hospital and the taking of medication.  He said counsel should have had him evaluated based on his addiction and mental health history.  
He said that counsel told him the State had adequate evidence against him, provided him with a copy of the discovery materials, and advised him of the charges against him.  He said she told him that he was taking the eight-year plea, regardless.  He contends that he wanted to go to trial, but counsel told him he had to sign the plea agreements.  He said he signed them because he thought she would know better.  He was unsure if counsel told him he could have a jury trial.  
He said he did not know what evidence the State had against him, but counsel told him it was
Download BushpsOPN.pdf

Tennessee Law

Tennessee State Laws
Tennessee Tax
Tennessee Labor Laws

Comments

Tips