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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
A ssigned on Briefs February 1, 2005

W ILBER T R O G ER S v. STA TE O F TEN N ESSEE
      Direct Appeal from the Criminal Court for Shelby County No. P-26410, W. Fred Axley, Judge
No. W2004-00654-CCA-R3-PC  - Filed February 22, 2005
The petitioner, Wilbert Rogers, appeals the denial of post conviction relief, alleging ineffective assistance of counsel by his trial attorney. The petitioner was originally convicted by jury of second degree murder.  After careful review, we affirm the denial of post-conviction relief.

      Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
JOE H. WALKER, III, SP.J., delivered the opinion of the court, in which JOHN EVE R E TT WILLIA MS, and ALAN E. GLEN N JJ., joined.
Deborah A. Brandon, Tennessee, for the appellant, Wilbert Rogers.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis, Assistant Attorney General, for the appellee, State of Tennessee.

OPINION
Appellant was convicted by a jury of second degree murder.  On May 6, 1994, Appellant stabbed the victim, James Bowdery, with a butcher knife. Approximately fifteen months passed from the day the defendant stabbed Bowdery to the day Bowdery died from causes secondary to a stab wound to the heart.  The conviction was upheld on appeal by the Tennessee Supreme Court, State v. Rogers, 992 S.W.2d 393 (Tenn. 1999), which abolished the common law rule that the victim

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