State of Tennessee v. Devoris Antoine Newson

Case Number
W2020-00611-CCA-R3-CD

Pursuant to a plea agreement, the Defendant, acting pro se, entered guilty pleas to various
felony offenses and received an effective sentence of six years’ imprisonment. A few
weeks later, the Defendant filed a motion to withdraw his guilty pleas, claiming they were
unknowing and involuntarily entered because he was not advised of the consequences of
the guilty pleas.1 Following a hearing, the trial court denied the Defendant’s motion. For
the first time in this appeal, the Defendant claims that his waiver of his Sixth Amendment
right to counsel was not knowingly and voluntarily entered; therefore, his subsequent guilty
pleas were constitutionally invalid. The Defendant additionally claims the trial court
abused its discretion in denying his motion to withdraw his guilty pleas and determining
that his guilty pleas were knowingly and voluntarily entered. Upon our review, we
conclude that the trial court’s investigation of the factors bearing upon the Defendant’s
knowing and intelligent waiver of his right to counsel complied with Faretta v. California,
422 U.S. 806 (1975), and Iowa v. Tovar, 541 U.S. 77 (2004). We further conclude that the
Defendant failed to establish that manifest injustice required the withdrawal of his guilty
pleas. Accordingly, we affirm the judgments of the trial court.

Authoring Judge
Presiding Judge Camille R. McMullen
Originating Judge
Judge Kyle C. Atkins
Date Filed
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