Carroll Crews v. State of Tennessee
W2017-00578-CCA-R3-PC
| Tenn. Crim. App. | Oct 16, 2017Background
- Crews was convicted of selling dihydrocodeinone (hydrocodone) as a career offender and sentenced to 12 years at 60%,
- On direct appeal, conviction and sentence were affirmed.
- Post-conviction, Crews alleged ineffective assistance of counsel.
- At the post-conviction hearing, Crews claimed trial counsel failed to call Upchurches, failed to investigate a store clerk, and failed to introduce other pill bottles and a video.
- The post-conviction court denied relief, and the Tennessee Court of Criminal Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for not calling Upchurches | Crews; Upchurches would help defense | Counsel reasonably determined no useful testimony | denied relief for lack of deficient performance/prejudice |
| Ineffective assistance for not investigating store clerk | Clerk's testimony could have aided defense | Clerk had no helpful information | denied relief; no prejudice shown |
| Ineffective assistance for introducing other pills and a video | Other pill bottles and video could aid defense | Video would bolster the state's witness credibility; bottles irrelevant | denied relief; no deficient performance or prejudice |
Key Cases Cited
- Vaughn v. State, 202 S.W.3d 106 (Tenn. 2006) (standard for post-conviction findings and de novo review of law)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (ineffective-assistance standard under Strickland)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice prong)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (establishes performance/prejudice frameworks)
- Felts v. State, 354 S.W.3d 266 (Tenn. 2011) (post-conviction burden and standards)
- Frazier v. State, 303 S.W.3d 674 (Tenn. 2010) (ineffective assistance review principles)
- Atkins v. State, 911 S.W.2d 334 (Tenn. 1994) (preserves trial-strategy deference)
- Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009) (clear-and-convincing evidence standard in post-conviction)
- Lane v. State, 316 S.W.3d 555 (Tenn. 2010) (credibility and factual findings review)
- Black v. State, 794 S.W.2d 753 (Tenn. Crim. App. 1990) (witnesses and post-conviction witness availability considerations)