Randy A. Rice v. State of Tennessee, W2016-02592-CCA-R3-PC

Background

In 2004 David Martin was killed; years later Randy A. Rice was implicated by Cory Bowers and by Rice’s November 13, 2007 recorded statement to police admitting involvement as a getaway driver; Rice was indicted for first‑degree murder, felony murder, and especially aggravated robbery.
Rice moved to suppress the November 13 statement, arguing his right to counsel had been invoked after a public defender was appointed at arraignment; the trial court found Rice initiated the post‑arraignment contact, waived Miranda, and denied suppression.
At trial the State relied primarily on Bowers’s testimony and Rice’s November 13 statement; the State nolled premeditated murder, and the jury convicted Rice of felony murder and facilitation of especially aggravated robbery; he received consecutive sentences (life + 12 years).
Rice’s direct appeal affirmed convictions and consecutive sentencing.
Rice filed a post‑conviction petition alleging ineffective assistance: (1) trial counsel failed to request an accomplice‑corroboration jury instruction for Bowers; (2) trial counsel failed to move for acquittal on felony murder after the lesser conviction of facilitation; and (3) appellate counsel failed to raise the suppression ruling on direct appeal.
After an evidentiary hearing the post‑conviction court denied relief; the Court of Criminal Appeals affirmed, finding counsel performance non‑deficient and no prejudice.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Trial counsel ineffective for not requesting accomplice‑corroboration instruction for Bowers	Bowers was an accomplice; his testimony needed corroboration and Rice’s statement was the key corroboration	Bowers denied participation; no evidence showed he could be indicted as an accomplice, so instruction was unsupported	Not ineffective — no evidentiary basis to label Bowers an accomplice, so no duty to request instruction
Trial counsel ineffective for not moving for judgment of acquittal on felony murder given conviction for facilitation	Jury’s facilitation verdict shows lack of intent for robbery; felony murder requires intent to commit underlying felony	Inconsistent verdicts do not require reversal; sufficiency supported felony murder on direct appeal	Not ineffective — inconsistent verdicts permissible where evidence supports the convicted offense
Appellate counsel ineffective for not raising suppression denial on direct appeal	Suppression should have been appealed because Rice had invoked counsel and police initiated post‑arraignment contact	Appellate counsel strategically examined suppression, concluded issue lacked merit, and focused on stronger claims	Not ineffective — counsel made a reasonable strategic choice and suppression claim lacked merit under controlling law
Invocation of right to counsel / waiver validity	Rice contended he requested counsel on Nov. 12 and thus could not validly waive on Nov. 13	Trial testimony and Miranda waiver form show Rice initiated contact and knowingly waived; waiver valid despite appointment of counsel	Court held waiver valid; suppression claim would have lacked merit on appeal

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong standard for ineffective assistance: deficient performance and prejudice)
Montejo v. Louisiana, 556 U.S. 778 (2009) (a defendant may waive Sixth Amendment right to counsel voluntarily even after counsel appointment)
State v. Davis, 466 S.W.3d 49 (Tenn. 2015) (acquittal of underlying felony does not automatically invalidate a felony‑murder conviction)
State v. Bane, 57 S.W.3d 411 (Tenn. 2001) (conviction may not rest solely on uncorroborated accomplice testimony)
State v. Cauthern, 778 S.W.2d 39 (Tenn. 1989) (statements after appointment of counsel are admissible if defendant initiates communication and validly waives counsel)
Burns v. State, 6 S.W.3d 453 (Tenn. 1999) (deference to tactical decisions of counsel when made after adequate preparation)
Felts v. State, 354 S.W.3d 266 (Tenn. 2011) (strategic appellate choices after thorough investigation are virtually unchallengeable)