Larry E. Rathbone v. State of Tennessee

The State appeals from the post-conviction court’s order granting post-conviction relief to the Petitioner, Larry E. Rathbone, from his convictions for two counts of rape of a child, one count of attempted rape of a child, and one count of aggravated sexual battery, for which he is serving an effective fifty-six-year sentence. On appeal, the State contends that the post-conviction court erred in granting relief on the Petitioner’s ineffective assistance of counsel claim related to his trial attorney’s dual representation of him and the codefendant at their joint trial and related to counsel’s failure to obtain a severance. In cross-appeal issues, the Petitioner contends that the court erred in failing to grant relief on his claim that he received the ineffective assistance of counsel because trial counsel did not challenge the competency of the child victim who testified at the trial and that he is entitled to plain error relief based upon ineffective assistance of counsel due to counsel’s lack of objection to the introduction of evidence of uncharged criminal conduct. We conclude that the post-conviction court erred in granting relief and reverse its judgment.