Charles E. Wagner v. State of Tennessee
E2016-00823-CCA-R3-PC
| Tenn. Crim. App. | Mar 31, 2017Background
- Charles E. Wagner was convicted (2011) of multiple offenses arising from three incidents in July–August 2008 involving his then-estranged wife Sylvia Wagner and her boyfriend William Hardy, including especially aggravated kidnapping and related assault/kidnapping counts; effective sentence ~19 years.
- Trial evidence: eyewitnesses and victims described Wagner striking Hardy with a stick, placing Sylvia in a headlock, dragging her, and forcing her toward/into his van; police recovered items from the van and victims received medical treatment.
- Post-trial, Wagner obtained new counsel for a motion for new trial (subsequent counsel) and appellate counsel for direct appeal; the direct appeal affirmed convictions and rejected ineffective-assistance claims where those claims had been litigated or inadequately supported at the motion hearing.
- Wagner filed a post-conviction petition alleging ineffective assistance by subsequent and appellate counsel for failing to preserve/prove trial counsel’s alleged errors at the motion for a new trial (severance, failing to accommodate his hearing impairment, juror-questioning during voir dire, concession that the stick was a deadly weapon, and admission of a threatening note).
- The post-conviction court found many failures by subsequent counsel to present live proof at the motion hearing (deficient), but Wagner failed to prove prejudice because trial counsel’s testimony was not developed and the record did not show that outcomes would differ; appellate counsel’s issue selection was reasonable.
- The Court of Criminal Appeals affirmed, holding Wagner failed to meet Strickland prejudice prong and many claims were previously determined or inadequately preserved.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Severance of incidents | Wagner: trial counsel ineffective for failing to obtain/rule on severance of the three incidents; prejudice from joinder | State: claim previously litigated on direct appeal; unavailable in post-conviction | Previously determined on direct appeal; not available for post-conviction relief |
| Hearing impairment at trial | Wagner: counsel failed to postpone/obtain accommodations; inability to hear deprived confrontation/due process | State: issue not raised properly earlier; trial record shows counsel notified court and Wagner participated; subsequent counsel credibly said Wagner was cognizant | No relief — trial counsel claims previously litigated; post-conviction court credited record and found no prejudice |
| Juror voir dire (domestic-violence disclosure) | Wagner: prosecutor’s voir dire elicited a juror’s traumatic family history and counsel should have objected/removed juror | State: failure to develop trial counsel’s reasons at motion hearing prevented showing deficiency/prejudice | Post-conviction court: subsequent counsel deficient for not questioning trial counsel at motion hearing, but no prejudice established; claim denied |
| Concession that stick was a deadly weapon | Wagner: subsequent counsel failed to present evidence at motion hearing that trial counsel improperly conceded deadly-weapon use, denying meaningful appeal | State: issue not pled properly for post-conviction and trial counsel’s reasoning was never developed; record supports deadly-weapon finding | Court: subsequent counsel’s failure to question trial counsel was deficient but Wagner failed to show prejudice without trial counsel’s testimony; claim denied |
| Admission of threatening note | Wagner: trial counsel should have objected; subsequent counsel failed to develop this at motion hearing | State: same preservation/problem — lack of trial-counsel testimony precludes showing deficiency/prejudice | Court: subsequent counsel deficient for not questioning trial counsel, but Wagner failed to prove prejudice; claim denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong standard for ineffective assistance: deficient performance and prejudice)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction factual findings are binding unless record preponderates otherwise)
- Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (standard of review for post-conviction findings and law-application)
- State v. Melson, 772 S.W.2d 417 (Tenn. 1989) (application of Strickland under Tennessee Constitution)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (failure to prove either prong of Strickland is sufficient to deny relief)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (competence standard for counsel’s performance)
- Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990) (counsel’s opinion of another lawyer’s conduct is not dispositive on ineffective-assistance claim)