Donald Mays v. State of Tennessee

The petitioner, Donald Mays, appeals the denial of his petition for post-conviction relief. The petitioner has previously been granted a remand to the post-conviction court for consideration of the issues that he now appeals: (1) whether trial counsel was ineffective for failing to allege in his motion for new trial that the trial court erred in failing to instruct the jury on robbery as a lesser included offense of aggravated robbery; and (2) whether appellate counsel was ineffective for failing to raise on appeal that it was plain error for the trial court not to instruct on robbery as a lesser included offense of aggravated robbery. After careful review, we affirm the judgment from the post conviction court.