Calvin Landers v. State of Tennessee

Petitioner, Calvin Landers, was convicted by a jury of rape of a child and sentenced to twenty years. His conviction and sentence were affirmed on direct appeal. State v. Calvin Landers, No. W2007-CCA-R3-CD, 2008 WL 2901603 (Tenn. Crim. App., at Jackson, Jul. 25, 2008), perm. app. denied, (Tenn. Jan. 20, 2009). Petitioner filed a timely petition for post-conviction relief on the basis of ineffective assistance of counsel. Petitioner also asserted that his sentence violated Blakely v. Washington, 542 U.S. 296 (2004) , that his conviction was based on evidence obtained pursuant to an unlawful arrest, that his conviction was based on evidence obtained pursuant to an unlawful search, and that there was a “fatal variance” between the indictment and the proof. After a hearing, the post-conviction court denied relief. Petitioner appealed. After a thorough review, we determine that Petitioner has failed to show by clear and convincing evidence that he is entitled to post-conviction relief where the proof showed that trial counsel made a tactical decision to forego a motion to suppress; met with Petitioner at least ten times prior to trial; and was given the opportunity to cross-examine witnesses. Moreover, Petitioner did not raise his issue with regard to exhibits in the petition for post-conviction relief so it cannot be raised on appeal. Accordingly, the judgment of the post-conviction court is affirmed.