Kelvin Taylor v. State
02C01-9512-CC-00387
Tenn. Crim. App.Dec 1, 2010Background
- Appellant Kelvin A. Taylor was convicted by guilty plea to a Class C felony robbery; other charges were dismissed.
- Offer to plead guilty to robbery for a three-year sentence was negotiated; Taylor initially rejected it but later agreed after in-hallway discussions with a public defender investigator and the district attorney.
- Taylor ultimately entered a guilty plea as a Range I offender to a three-year term under Westate Corrections Network, with colloquy indicating acceptance of guilt and satisfaction with counsel.
- Taylor later violated a behavioral contract at Westate Corrections, resulting in resentencing to three years in the Tennessee Department of Correction.
- Taylor filed a pro se post-conviction petition alleging the plea was involuntary and that counsel failed to interview alibi witnesses and provide effective assistance.
- The trial court found Taylor had supplied alibi witness names only on the day of the plea and that, given his desire to plead guilty, there was no prejudice from lack of witness interviews.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the guilty plea knowing and voluntary? | Taylor contends plea was involuntary/unknowing due to counsel's handling. | State argues proper 11 procedures were followed and no prejudice shown. | No error; plea valid and voluntarily entered. |
| Did counsel's alleged failure to interview alibi witnesses render the plea ineffective? | Taylor claims ineffective assistance due to lack of witness interviews. | State asserts trial court properly found no prejudice; witnesses not interviewed because Taylor chose to plead. | No prejudice; Strickland standard not met; petition denied. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard requiring deficient performance and prejudice)
- Hill v. Lockhart, 474 U.S. 52 (U.S. 1985) (prejudice showing in guilty-plea context)
- Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (requirement that guilty plea be knowing and voluntary)
- McBee v. State, 655 S.W.2d 191 (Tenn. Crim. App. 1983) (petitioner bears burden of proving allegations by preponderance)
- State v. Buford, 666 S.W.2d 473 (Tenn. Crim. App. 1983) (trial findings conclusive unless evidence preponderates)
- State v. Mackey, 553 S.W.2d 337 (Tenn. 1977) (procedure for accepting guilty pleas)
- Bankston v. State, 815 S.W.2d 213 (Tenn. Crim. App. 1991) (plea-related prejudice standard)