Charles Edward Overby v. State of Tennessee

The petitioner, Charles Edward Overby, was convicted by a jury in the Bradley County Criminal Court of second degree murder, theft over $1,000, theft under $500, aggravated assault, and possession of marijuana. He received a total effective sentence of thirty-five years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The post-conviction court dismissed the petition, finding that counsel was not ineffective. On appeal, the petitioner challenges this ruling and additionally contends that he should have been evaluated for competency prior to the commencement of the post-conviction hearing. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court.