Ronnie M. Cauthern v. State of Tennessee

The petitioner, Ronnie M. Cauthern, appeals the Montgomery County Circuit Court's denial of his petition for post-conviction relief. In 1988, the petitioner was convicted by a jury of two counts of felony murder and sentenced to death. He was also convicted of the related crimes of first degree burglary and aggravated rape. His convictions were affirmed on direct appeal by the Tennessee Supreme Court, but his death sentences were reversed and remanded for a new sentencing trial. Upon retrial before a jury in 1995, the petitioner received the death penalty for the murder of one victim and a sentence of life imprisonment for the second victim's murder. Those sentences were appealed and affirmed, following which the petitioner instituted a collateral proceeding seeking post-conviction relief from his convictions and sentences. Lengthy hearings were conducted on the petitioner's claims, the majority of which involved allegations that counsel representing him in his 1988 and 1995 trials rendered constitutionally ineffective assistance of counsel. On appeal, the petitioner contends (1) that trial counsel's services were deficient and prejudicial; (2) that the state suppressed exculpatory evidence in violation of his due process rights; (3) that the United States Supreme Court's opinions in Apprendi v. New Jersey and Ring v. Arizona require that his death sentence be set aside; (4) that he was entitled to but was not notified of his right to seek German consular assistance pursuant to the Vienna Convention on Consular Relations; (5) that the lower court erroneously concluded that some of his claims had been waived or previously determined; (6) that Tennessee's system of capital punishment is unconstitutional; and (7) that erroneous jury instructions impaired his right to a fair trial. After an extensive review of the record and consideration of applicable law, we affirm the judgment of the post-conviction court.