Charles Owens v. State of Tennessee

Petitioner, Charles Owens, was convicted by a Davidson County jury of six counts of aggravated sexual battery. He received a sentence of twenty-four years. State v. Charles Owens, No. M2005-02571-CCA-R3-CD, 2007 WL 1094136, at *1 (Tenn. Crim. App., at Nashville, Apr. 12, 2007), perm. app. denied, (Tenn. Aug. 20, 2007). Petitioner's convictions were affirmed on appeal. Id. Petitioner subsequently sought post-conviction relief on the basis of alleged ineffective assistance of counsel. After an evidentiary hearing,the post-conviction court denied the petition for relief. Petitioner appeals, arguing that the post-conviction court improperly denied the petition for relief. We agree with the post-conviction court that Petitioner failed to show that he received ineffective assistance of counsel for counsel's failure to object to various things at trial, in part because this Court had already determined on direct appeal that the alleged "prosecutorial misconduct" at trial did not affect the outcome of trial. Accordingly, because we determine that the post-conviction court properly dismissed the petition for post-conviction relief, the judgment of the post-conviction court is affirmed.