David Edward Niles v. State of Tennessee

Petitioner, David Edward Niles, was indicted for, and ultimately convicted of, first degree murder in Bedford County.  State v. David Edward Niles, No. M2011-01412-CCA-R3-CD, 2012 WL 1965438, at *1 (Tenn. Crim. App. Jun. 1, 2012), perm. app. denied (Tenn. Oct. 17, 2012).  His direct appeal was unsuccessful.  Id.  He subsequently sought post-conviction relief on the basis of ineffective assistance of counsel.  After a hearing, the petition was dismissed.  On appeal, Petitioner insists that the post-conviction court improperly dismissed the petition for relief and that he received ineffective assistance of post-conviction counsel.  After a review, we determine that Petitioner failed to establish that he received ineffective assistance of counsel at trial.  Further, we determine that Petitioner is not entitled to challenge the effectiveness of post-conviction counsel.  Consequently, the judgment of the post-conviction court is affirmed.