Tennessee appellate panel hears arguments that defense counsel wrongly advised client not to testify, and disputes over a social-media photo

Summary

At oral argument in the Carlos Gonzales post-conviction appeal, petitioner’s counsel argued trial counsel was ineffective for advising Gonzales not to testify and that appellate counsel waived a key photograph. The state defended the strategy and called the photograph unauthenticated and meritless.

Lance Chisholm, appointed counsel for petitioner Carlos Gonzales, told a Tennessee appellate panel that trial counsel was objectively unreasonable in advising Gonzales not to testify at his trial and that omission of a disputed photograph from the appellate record deprived the court of critical context.

Chisholm said trial counsel cited the lack of corroborating witnesses and damaging jail-call statements as reasons to keep Gonzales off the stand, but that these were not sufficient. "We are saying it was deficient performance," Chisholm argued, adding that Gonzales in jail calls admitted the shooting was in self-defense and could have explained apparent inconsistencies to a jury.

Chisholm framed the claim under the governing appellate standards, noting three Bates factors he said favored advising testimony: Gonzales was uniquely positioned to give a full account of events; the state had not filed a Rule 609 notice to introduce impeachment by prior convictions; and Gonzales could…

Tennessee appellate panel hears arguments that defense counsel wrongly advised client not to testify, and disputes over a social-media photo

Summary

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