Alden Joe Daniel, Jr. v. State of Tennessee

Petitioner, Alden Joe Daniel, Jr., appeals the trial court’s denial of his petition for post-conviction relief. In his initial brief filed with the assistance of retained counsel, Petitioner argues that the trial court erred in finding that Petitioner’s plea of guilty was voluntary and knowing and in finding that Petitioner’s trial counsel rendered effective assistance of counsel during the interval between Petitioner’s first and second trial and during plea negotiations. After the filing of his initial brief, this Court granted Petitioner’s counsel leave to withdraw as counsel and denied Petitioner’s motion for the appointment of substitute counsel. Thereafter, Petitioner filed a motion to reconsider post-judgment facts pursuant to Rule 14 of the Tennessee Rules of Appellate Procedure and a pro se supplemental brief. In his brief, Petitioner alleges that his post-conviction counsel rendered ineffective assistance of counsel and that the trial court based its findings on erroneous facts. Petitioner requests that this Court remand the matter to the trial court for an evidentiary hearing as to factual matters not presented at Petitioner’s post-conviction proceeding. For the reasons discussed herein, we deny Petitioner’s motion to consider post-judgment facts and affirm the trial court’s dismissal of the petition for post-conviction relief.