State of Tennessee v. Tommy Holmes

The defendant, Tommy Holmes, was convicted by a Shelby County jury of aggravated rape, a Class A felony, and sentenced by the trial court as a violent offender to twenty-four years in the Department of Correction. He raised a number of issues in his original direct appeal, including whether the trial court erred in finding that he had forfeited his right to trial counsel. We found no merit in the other claims, but remanded to the trial court with instructions to hold an evidentiary hearing with respect to the forfeiture of counsel issue. See State v. Tommy L. Holmes, No. W2006-00236-CCA-R3-CD, 2007 WL 1651876 (Tenn. Crim. App. June 7, 2007), perm. to appeal denied (Tenn. Sept. 17, 2007). After holding that hearing, the trial court entered an order finding that the defendant had forfeited the right to counsel by physically assaulting his trial counsel. The defendant now appeals from that order, arguing that his behavior was not sufficiently egregious to warrant the denial of his Sixth Amendment right to counsel. Following our review, we affirm the trial court’s order finding that the defendant waived his right to counsel. Having previously found no merit to the defendant’s other issues raised on direct appeal, we also affirm his judgment of conviction.