State of Tennessee v. Donald Gwin
W2016-01783-CCA-R3-CD
| Tenn. Crim. App. | May 17, 2017Background
- On July 29, 2009 a pickup truck crashed into a Mapco Express; three men entered, threatened the clerk, and stole the ATM. Bates was later identified by the clerk and charged with aggravated robbery, burglary, and vandalism.
- Bates was convicted by a Shelby County jury and sentenced to an effective 42 years; direct appeal affirmed and the Tennessee Supreme Court denied review.
- Bates filed a post-conviction petition alleging trial counsel was ineffective for failing to call Emma Jones as an alibi witness; Jones testified at the post-conviction hearing she spent her birthday night (July 29–30) with Bates.
- Bates testified he told trial counsel about Jones and expected counsel to contact her; he did not contact her directly.
- Trial counsel, with >20 years’ experience, said he was not informed of Jones and, even if he had been, he would not have relied on her because the offense occurred in the early morning hours (police responded ~2:45 a.m.) and counsel doubted the alibi would change the outcome.
- The post-conviction court found trial counsel credible, discredited Bates and Jones, and denied relief; the Court of Criminal Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for not calling an alibi witness | Bates: he informed trial counsel of Jones and her testimony would have established an alibi for the night of the offense | State/Trial counsel: counsel was not told of Jones; even if known, her testimony conflicted with the timing of the offense and would not have changed the verdict | Denied — petitioner failed to prove deficiency or prejudice |
Key Cases Cited
- Vaughn v. State, 202 S.W.3d 106 (Tenn. 2006) (post-conviction factual-findings are conclusive unless the evidence preponderates otherwise)
- Felts v. State, 354 S.W.3d 266 (Tenn. 2011) (standards for appellate review of post-conviction claims)
- Frazier v. State, 303 S.W.3d 674 (Tenn. 2010) (post-conviction review principles)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (ineffective-assistance performance standard)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (counsel performance legal standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance: deficiency and prejudice)