Larry Hunt v. State of Tennessee
W2015-01836-CCA-R3-PC
| Tenn. Crim. App. | Dec 15, 2016Background
- Larry Hunt, a former hotel employee, was convicted of aggravated robbery, aggravated kidnapping, and aggravated rape; effective sentence modified on appeal to 32 years.
- First trial: convictions for aggravated robbery and aggravated kidnapping; jury deadlocked on rape. Second trial: convicted of aggravated rape.
- Hunt filed a post-conviction petition alleging ineffective assistance of counsel; initial post-conviction order lacked findings and was remanded for a new hearing after the judge died.
- At the remand hearing, trial counsel testified about strategy: limited pretrial investigation, reliance on preliminary-hearing testimony, decision not to call Hunt or use an investigator, and advice about plea offers and potential for consecutive sentencing under then-existing law.
- Hunt alleged, among other things, counsel failed to investigate the victim, failed to file a pretrial suppression motion for an allegedly coerced statement, and gave bad advice about a 15-year plea offer; the post-conviction court denied relief.
- On appeal the Court of Criminal Appeals affirmed, finding several claims waived for not having been raised properly below and rejecting the asserted ineffective-assistance claims on the merits where considered.
Issues
| Issue | Hunt's Argument | State's Argument | Held |
|---|---|---|---|
| Failure to prepare/investigate victim | Counsel relied only on preliminary-hearing transcript and did not interview the victim or use an investigator | Counsel’s preparation was reasonable; claim not raised in post-conviction pleadings below | Waived for failure to raise below; not considered on appeal |
| Failure to file pretrial motion to suppress (coerced statement) | Counsel should have filed a suppression motion before trial to exclude alleged coerced statement | Claim not alleged before first trial; not raised in post-conviction pleadings below | Waived for failure to raise below; not considered on appeal |
| Advice re: 15-year plea offer and sentence consequences | Counsel failed to explain that accepting 15-year offer would have capped total exposure at 15 years and misadvised re: consecutive sentencing risk | Counsel informed Hunt of offers and risks under existing law; record shows Hunt rejected offer knowingly | No deficient performance or prejudice; plea claim rejected and relief denied |
| Cumulative errors | Combined errors deprived Hunt of effective assistance | Errors were not established or were waived; no prejudice shown | Cumulative-claim fails because underlying errors not proven; relief denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance: deficiency and prejudice)
- State v. Anthony, 817 S.W.2d 299 (Tenn. 1991) (kidnapping incidental-to-robbery doctrine relevant to consecutive sentencing analysis)
- State v. White, 362 S.W.3d 559 (Tenn. 2012) (later treatment of kidnapping/robbery legal framework)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction findings of fact afforded deference on appeal)
- Lockhart v. Fretwell, 506 U.S. 364 (1993) (clarifies prejudice inquiry under Strickland)