A Shelby County jury convicted the Petitioner, Robert Page, of second degree murder, and the trial court sentenced him to serve thirty-eight years in the Tennessee Department of Correction. The Petitioner appealed, and this Court reversed the conviction and remanded the case for a new trial, concluding that the trial court’s failure to instruct the jury on facilitation was reversible error. State v. Robert Page, No. W2003-01342-CCA-R3-CD, 2004 WL 3352994, at *16 (Tenn. Crim. App., at Jackson, Aug. 26, 2004). Upon further review, our Supreme Court reversed the Court of Criminal Appeals judgment concluding that the failure to instruct on lesser-included offenses in the Petitioner’s case did not constitute plain error. State v. Page, 184 S.W.3d 223, 226 (Tenn. 2006). The Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, the Petitioner contends that the post-conviction court erred when it dismissed his petition because he received the ineffective assistance of counsel. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.
Case Number
W2010-02268-CCA-R3-PC
Originating Judge
Judge Chris Craft
Case Name
Robert Page v. State of Tennessee
Date Filed
Dissent or Concur
No
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