Larry McNutt v. State of Tennessee, W2016-01086-CCA-R3-PC

On October 29, 2010, Jessie Lewis (victim) was cut with a razor/box cutter after refusing the defendant, Larry McNutt, money; he required stitches and identified McNutt in a photo lineup.
McNutt gave a statement admitting he sliced the victim with a razor during an altercation; defense witnesses described an earlier tussle in which the victim carried a bat and the defendant acted in self-defense.
McNutt was convicted of reckless endangerment and aggravated assault; his direct appeal was decided by this Court (opinion summarized in the record).
McNutt filed a post-conviction petition alleging ineffective assistance of counsel, chiefly that trial counsel failed to include all meritorious issues in the motion for new trial and thus waived them on appeal.
Trial counsel had filed a motion for new trial raising three issues but did not include other issues McNutt wanted preserved; counsel is deceased and his file showed preparation and investigation.

Issue	McNutt's Argument	State's Argument	Held
Whether trial counsel was ineffective for failing to include all desired claims in the motion for new trial	Counsel omitted meritorious issues, causing waiver on appeal and prejudice	Counsel filed a timely motion; omitted claims must show actual prejudice and McNutt failed to identify or develop those claims	Denied — no proof of actual prejudice and appellant waived issues by failing to identify them or support them in briefing

Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009) (standard of review for post-conviction fact findings and mixed questions)
Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (deference to trial court on witness credibility in post-conviction proceedings)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (effective-assistance performance and prejudice standard)
Wallace v. State, 121 S.W.3d 652 (Tenn. 2003) (presumed prejudice where counsel completely fails to pursue post-trial remedies)
Fahey v. Eldridge, 46 S.W.3d 138 (Tenn. 2001) (preservation of issues via motion for new trial required)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (failure to prove either deficient performance or prejudice is sufficient to deny ineffective-assistance claim)
Hellard v. State, 629 S.W.2d 4 (Tenn. 1982) (deference to informed trial strategy)
Melson v. State, 772 S.W.2d 417 (Tenn. 1989) (application of Strickland under Tennessee Constitution)
Cooper v. State, 847 S.W.2d 521 (Tenn. Crim. App. 1992) (failed tactics alone do not establish ineffective assistance)