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Court of Criminal Appeals hears arguments on remand, ineffective-assistance claim in Boyd post‑conviction appeal
Summary
The Tennessee Court of Criminal Appeals heard oral arguments in the appeal of Tracy Boyd on a post‑conviction petition that challenges whether Boyd knowingly and voluntarily entered guilty pleas and whether the trial court’s written order contained required factual findings.
The Tennessee Court of Criminal Appeals heard oral arguments in the appeal of Tracy Boyd on a post‑conviction petition that challenges whether Boyd knowingly and voluntarily entered guilty pleas and whether the trial court’s written order contained required factual findings.
The appeal centers on two contests: whether the trial court’s brief written order must be supplemented or whether the case should be returned for a new post‑conviction hearing, and whether trial counsel provided ineffective assistance by failing to review all discovery before Boyd pleaded guilty.
Defense attorney Mitch Raines, appointed by the public defender’s office for the appeal, told the panel that the trial court’s order “does not comply with Tennessee statute” and asked the court either to remand for a full new post‑conviction hearing or to return the case to the trial court to produce a new written order with factual findings. Raines argued a new hearing would best protect the record because more than a year had passed since the original proceeding and credibility…
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