Supreme Court Denies Relief To Defendant Seeking Third Appeal

Wednesday, May 21, 2014

The Tennessee Supreme Court has denied a request by a defendant seeking a third appeal of his sentence in a drunk driving case in which two people were killed in Knoxville in 2000. Guadalupe Arroyo petitioned the court for post-conviction relief, contending his trial attorney was ineffective by depriving him of his right to appeal a third sentencing order.

Mr. Arroyo pleaded guilty in 2002 to two counts of vehicular homicide after he drove drunk and killed two people in an automobile accident in Knoxville. The trial judge sentenced him to two consecutive 12-year terms for an effective sentence of 24 years. Mr. Arroyo’s trial counsel twice appealed Mr. Arroyo’s sentence to the Tennessee Court of Criminal Appeals, which each time sent the case back to the trial court to provide reasons for the consecutive sentencing. However, Mr. Arroyo’s trial counsel did not file a third appeal.

Mr. Arroyo filed a petition under the Tennessee Post-Conviction Procedure Act, asserting his trial counsel was ineffective and never filed a written waiver of appeal as required under the Tennessee Rules of Criminal Procedure, and did not consult with him about a third appeal. However, trial counsel testified at the post-conviction hearing that he spoke to Mr. Arroyo about the futility of filing a third appeal, and Mr. Arroyo did not object. The trial court found trial counsel more credible than Mr. Arroyo and denied post-conviction relief. The Court of Criminal Appeals agreed.

The Tennessee Supreme Court also denied Mr. Arroyo post-conviction relief. Justice Sharon G. Lee explained in the majority opinion that Mr. Arroyo’s trial counsel should have filed a written waiver of appeal, but that the failure to file a written waiver is not by itself deficient performance. Justice Lee determined that Mr. Arroyo failed to prove by clear and convincing evidence that he did not know of his right to appeal or otherwise did not waive that right.

Chief Justice Gary R. Wade wrote a dissenting opinion, finding that Tennessee Rule of Criminal Procedure 37(d)(2) required Mr. Arroyo’s trial counsel to file a written waiver of appeal. Chief Justice Wade further determined that trial counsel’s statement that Mr. Arroyo “pretty much” or “more or less” agreed to waive an appeal did not qualify as “clear and unambiguous evidence” of waiver. Chief Justice Wade would have granted Mr. Arroyo a delayed appeal under the Post-Conviction Procedure Act.


Compass Auctions To Auction Custom Motorcycle

Compass Auctions and Real Estate announced that the Auction Firm has been selected to host both the online and live auction of a one-off custom KTM 450 in cooperation with RedBull Media House to benefit the Kurt Caselli Foundation.  “This is a once in a lifetime opportunity to own a unique piece of history,” said Steven Holt, vice president of Compass. “It ... (click for more)

LBMC Gains Bryan Mattice

LBMC, PC, one of the Southeast’s largest accounting and business consulting firms, has added Bryan Mattice to the Accounting and Assurance services team. Bryan Mattice, CPA,   serves as a staff accountant serving a variety of industry clients in the Accounting and Assurance service team. Mr. Mattice comes to LBMC from BlueCross BlueShield of Tennessee where he worked ... (click for more)

Two North Shore Sold To Pennsylvania Real Estate Firm For Almost $24 Million

The Two North Shore commercial development on Manufacturers Road in North Chattanooga has been sold to a Pennsylvania real estate firm for  $23,983,363. Steve Arnsdorff, who developed the successful center from the ground up and has continued to manage it, said the deal closed last week. He said the sale for the property at 319 Manufacturers Road is to Stoltz Real Estate ... (click for more)

Lookout Valley Middle High School Closed Friday Due To Water Main Break

County school officials said late Thursday night that LookoutValley Middle High School will be closed Friday due to a water main break. Officials said, "This is an official message from the Hamilton County Department of Education to the parents, faculty, and staff of Lookout Valley Middle High School.  Please accept our apologies for the lateness of this message. "Due ... (click for more)

Thanks For Publishing The Stokes Photo Book

I pre-ordered the Stokes Photo Book and picked it up Wednesday . The covers and content are very high quality and contain photos you will not see anywhere else.  This book of photos is worth much more than $35.  I have seen many historic photos of my hometown Chattanooga, but this collection is amazing. My favorites are National Cemetery, Confederate Cemetery near ... (click for more)

Roy Exum: Saban: ‘Ratings Don’t Matter’

When the first College Football Playoff rankings were released earlier this week, Alabama football coach Nick Saban got it right on the button when he shrugged, “I don't even care, to be honest with you." "To me, none of it matters, What does it matter?” he laughed at the Tide’s No. 6 ranking. “I mean, it only matters where you end up at the end. So what matters to us is how ... (click for more)