Henry Zillon Felts v. State of Tennessee (State Appeal)

Following a jury trial, the Petitioner, Henry Zillon Felts, was convicted of attempted first degree murder and aggravated burglary. He was sentenced to twenty-one years in the Department of Correction. This Court affirmed his convictions and sentences. See State v. Henry Zillon Felts, No. M2005-01215-CCA-R3-CD, 2006 WL 2563374 (Tenn. Crim. App., Nashville, Aug. 25, 2006). He subsequently petitioned for post-conviction relief. The Criminal Court of Sumner County found that the Petitioner received the ineffective assistance of counsel at trial because: (1) trial counsel failed to fulfill his promise to the jury that the Petitioner would testify; and (2) trial counsel failed to argue attempted voluntary
manslaughter as a defense. The post-conviction court thus set aside the Petitioner’s convictions and granted him a new trial. In this appeal, the State contends that the postconviction court erred in granting the Petitioner relief. After our review, we affirm the judgment of the post-conviction court.