State of Tennessee v. Jimmy Newell
E2015-01913-CCA-R3-CD
| Tenn. Crim. App. | Aug 8, 2017Background
- Defendant Jimmy Newell pled guilty in multiple Bradley County cases at a single hearing under a global plea deal for a total four-year sentence.
- Newell moved to withdraw his pleas pro se; counsel was appointed and an evidentiary hearing followed, after which the trial court denied withdrawal.
- Trial counsel testified about pretrial plea negotiations: a three-year offer to wrap all cases, later replaced by a four-year offer encompassing all charges; Newell agreed.
- Newell testified he believed the deal included community corrections and that he would serve 30% of the sentence, later learning the actual terms differed.
- Prosecutor testified the original offer was three years to wrap cases; the final offer was four years TDOC-concurrent, with no community corrections.
- The trial court found the pleas knowingly, voluntarily, and intelligently entered and denied withdrawal, noting credibility determinations and the strength of the State’s case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were the pleas knowingly and voluntarily entered? | Newell claims involuntary/unknowing pleas. | Newell argues lack of understanding and ineffective counsel. | No abuse of discretion; pleas were knowingly, voluntarily entered. |
| Did the trial court substantially comply with Rule 11 demands for guilty pleas? | Newell asserts Rule 11 compliance failed because of missing max-penalty advisement. | State contends substantial compliance. | Court substantially complied; no relief warranted. |
| Did the court improperly participate in plea negotiations? | Newell claims court interfered by pressuring terms. | State contends court did not compel offers; only stated discretion on incarceration. | No improper interjection; plea negotiations remained prosecutorial domain. |
| Did any ineffective assistance of counsel or conflict of interest render the plea involuntary? | Newell asserts ineffective aid and conflict due to relations between counsel and a State witness. | Newell contends conflicts affected representation. | No reversible prejudice; no actual conflict established; counsel performance not deficient in plea context. |
Key Cases Cited
- Lane v. State, 316 S.W.3d 555 (Tenn. 2010) (substantial compliance acceptable for Rule 11)
- Newsome, 778 S.W.2d 34 (Tenn. 1989) (substantial compliance doctrine for plea advisements)
- Mackey, 553 S.W.2d 337 (Tenn. 1977) (knowingly voluntary plea standard guidance)
- Howell v. State, 185 S.W.3d 319 (Tenn. 2006) (factors for voluntary plea validity)
- Turner, 919 S.W.2d 346 (Tenn. Crim. App. 1995) (manifest injustice standard in plea withdrawal)
- Crowe, 168 S.W.3d 731 (Tenn. 2005) (withdrawal of guilty pleas; ineffective-assistance framework)
- Hill v. Lockhart, 474 U.S. 52 (1985) (guilty plea must be evaluated under Strickland prejudice standard)
