Harvey Phillip Hester v. State of Tennessee

The State appeals the Hamilton County Criminal Court’s granting the petitioner’s request for postconviction relief from his convictions for two counts of second degree murder and one count of attempted second degree murder and effective sixty-two-year sentence. In this appeal, the State claims that the trial court erred by concluding (1) that the petitioner received the ineffective assistance of trial counsel and (2) that the petitioner did not voluntarily and knowingly waive his right to a twelve-member jury verdict. Upon review of the record and the parties’ briefs, we conclude that the trial court erred by granting the petitioner’s request for post-conviction relief and reverse the judgment of the trial court.