Henry Epps v. State of Tennessee

Henry Epps (“the Petitioner”) entered a best interest plea to six counts of sexual exploitation of a minor; the remaining nine counts of sexual exploitation of a minor were dismissed per the negotiated plea agreement.  The Petitioner received an effective sentence of eight years with release eligibility after service of 100% of the sentence in the Department of Correction.  The Petitioner filed an original and an amended petition for post-conviction relief.  After an evidentiary hearing, the post-conviction court denied relief.  On appeal, the Petitioner argues that trial counsel’s performance was deficient in failing to subpoena the Petitioner’s computer forensic expert to testify at trial and in failing to inform the Petitioner until the Friday before his Monday trial that the expert had not been subpoenaed.  Petitioner claims that absent trial counsel’s deficient performance, the Petitioner would have proceeded to trial, and therefore the Petitioner’s best interest plea was entered involuntarily.  After a thorough review of the record and applicable case law, we reverse and remand for a new post-conviction hearing.