Warren Hildred v. State of Tennessee
W2015-02454-CCA-R3-PC
| Tenn. Crim. App. | Apr 10, 2017Background
- In February 2011 Warren Hildred shot and killed his estranged partner, Stephanie Brown, on his front porch; he claimed he acted in self-defense because she tried to force entry and approached him with a blue object.
- Hildred was convicted by a jury of second-degree murder and sentenced to 17 years; this Court affirmed on direct appeal.
- At trial the court excluded (1) certain testimony about prior domestic incidents (hearsay/foundation issues) and (2) evidence of Brown’s prior reckless aggravated assault conviction after finding its probative value outweighed by prejudice.
- Hildred filed a pro se post-conviction petition alleging ineffective assistance of trial counsel for (a) failing to subpoena witnesses to establish prior violence and the prior conviction, (b) failing to introduce his telephone records, and (c) failing to present evidence of his physical disability (clubfoot/missing big toe).
- At the post-conviction evidentiary hearing trial counsel testified about strategic choices and acknowledged possible alternatives; Hildred did not present the suggested witnesses or records at the hearing.
- The post-conviction court denied relief, finding Hildred failed to prove deficient performance and prejudice; this appeal affirmed that denial.
Issues
| Issue | Hildred's Argument | State's Argument | Held |
|---|---|---|---|
| Trial counsel ineffective for not calling Joy Jones to prove Brown’s prior reckless aggravated assault conviction admissible | Calling Jones would corroborate Hildred’s claim Brown was first aggressor and would have been admissible | Trial court properly excluded conviction given underlying facts; Hildred failed to present Jones at post-conviction hearing | Denied — no relief; Hildred failed to prove prejudice and did not produce Jones at hearing |
| Counsel ineffective for not subpoenaing officers who investigated prior domestic incidents (to lay foundation) | Proper officers could have laid foundation and admitted prior-incident evidence to show Brown was first aggressor | Officer testimony was limited by hearsay/foundation and Hildred failed to present those officers at hearing | Denied — petitioner did not present those witnesses at the evidentiary hearing; no clear-and-convincing proof of prejudice |
| Counsel ineffective for failing to introduce telephone records showing prior 911/non‑emergency calls | Records would corroborate Hildred’s testimony about prior assaults and his fear | Records were not produced at hearing; trial testimony was more probative of state of mind | Denied — records not produced and trial testimony was sufficient; no prejudice shown |
| Counsel ineffective for failing to present evidence of petitioner’s physical disability (clubfoot/missing toe) | Physical disability would support inability to retreat and bolster self-defense claim | Disability evidence was vague, not shown to impair escape; no medical proof presented | Denied — Hildred failed to prove disability would have altered outcome or established prejudice |
Key Cases Cited
- State v. Ruane, 912 S.W.2d 766 (Tenn. Crim. App. 1995) (prior violent acts admissible to corroborate defendant’s claim of victim as first aggressor when defendant knew of them)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post‑conviction factual findings entitled to deference; credibility determinations for trial court)
- Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (standard of review for post‑conviction findings and deference to trial court)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part test for ineffective assistance: deficient performance and prejudice)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (applying Strickland in Tennessee; burden on petitioner to prove both prongs)
- Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (performance standard for counsel in Tennessee)
- Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990) (when alleging counsel failed to present witnesses, petitioner should present those witnesses at post‑conviction hearing)