L. B. Rittenberry, Jr. v. State of Tennessee, M2016-00409-CCA-R3-PC

In 2009 petitioner L.B. Rittenberry, Jr. killed Charles Steele; petitioner claimed self‑defense but was convicted of second‑degree murder and sentenced to 20 years. Appeal of conviction was previously denied.
Trial evidence: victim had multiple blows to the back of his head and a carpet‑imprint contusion consistent with being struck while face‑down; petitioner’s cellmate testified petitioner admitted beating the victim and later placing a knife in the victim’s hand.
Post‑conviction petition alleged ineffective assistance of trial counsel for failing to investigate and introduce evidence of Steele’s prior violent acts (conviction for simple assault in 1999; harassment arrest in 2008; alleged assault with an automobile in 1988).
At the post‑conviction evidentiary hearing, trial counsel admitted failing to pursue or introduce some prior‑acts materials (including forgetting the 2008 harassment warrant); petitioner produced witnesses recounting the 1988 automobile incident but they could not identify Steele at the scene.
The post‑conviction court found counsel’s investigation deficient but concluded petitioner failed to prove prejudice because the prior‑acts proof lacked underlying factual detail, some events were remote in time, and the trial evidence of guilt was strong.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial counsel was ineffective for failing to investigate/introdue evidence of Steele’s prior violent acts to support self‑defense	Trial counsel’s failure to investigate prior acts (1999 assault, 2008 harassment, 1988 automobile assault) was deficient and deprived Rittenberry of corroborative evidence that Steele was first aggressor	State: petitioner failed to show the prior‑acts would have been admissible or that their admission would have created a reasonable probability of a different outcome	Counsel was deficient in investigation, but petitioner failed to show prejudice; post‑conviction relief denied

Strickland v. Washington, 466 U.S. 668 (establishes two‑prong ineffective assistance test: deficient performance and prejudice)
State v. Ruane, 912 S.W.2d 766 (Tenn. Crim. App.) (prior‑acts evidence may corroborate self‑defense/first‑aggressor but is limited to corroborative use)
State v. Burns, 6 S.W.3d 453 (Tenn. 1999) (counsel must conduct reasonable investigation; deference to tactical choices depends on adequate preparation)
Black v. State, 794 S.W.2d 752 (Tenn.) (to obtain relief for failure to investigate, petitioner must produce a material witness who would have testified favorably)