Wadie Michael Holifield v. State of Tennessee

The petitioner, Wadie Holifield, appeals the denial of his petition for post-conviction relief by the Tipton County Circuit Court. The petitioner was convicted of one count of aggravated sexual battery, a Class B felony, and sentenced to eighteen years in the Department of Correction. On appeal, he raises the single issue of ineffective assistance of counsel, specifically arguing that trial counsel was ineffective by failing to: 1) investigate his mental health and his claim of impotence as possible defenses; 2) ensure an untainted jury by requesting “the Rule” prior to voir dire; 3) effectively preclude introduction or properly cross-examine a witness following testimony about the petitioner’s prior drug habit; and 4) effectively advise the petitioner. As an initial argument, the State contends that the petitioner has waived review based upon an untimely notice of appeal. We agree that the notice was not timely filed, but, in the interest of justice, we elect to review the petitioner’s issue. Following review of the record, we find no error and affirm the denial of relief.