IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
DECEMBER 1998 SESSION FILED
ISAIAH HIGGS, * C.C.A. # 02C01-9801-CR-00021
Appellant, * SHELBY COUNTY
December 31, 1998
VS. * Hon. Arthur T. Bennett, Judge
STATE OF TENNESSEE, * (Post-Conviction-First Degree Murder)
Cecil Crowson, Jr.
Appellee. *
Appellate C ourt Clerk
For Appellant: For Appellee:
Linda K. Parson, Attorney John Knox Walkup
511 Jackson Street Attorney General and Reporter
Corinth, MS 38834
Marvin E. Clements, Jr.
Assistant Attorney General
Cordell Hull Building, 2d Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
Glen Baity
Assistant District Attorney General
Criminal Justice Center, Third Floor
201 Poplar Avenue
Memphis, TN 38103
OPINION FILED:__________________________
AFFIRMED
GARY R. WADE, PRESIDING JUDGE
OPINION
The petitioner, Isaiah Higgs, appeals the trial court's denial of post-
conviction relief. In this appeal of right, the petitioner claims that his guilty pleas
were neither knowingly nor voluntarily entered. Because the evidence does not
preponderate against the findings to the contrary by the trial court, the judgment is
affirmed.
While on trial for first degree and felony murder, attempted especially
aggravated robbery, and four counts of attempted first degree murder, the petitioner,
on May 1, 1996, entered negotiated pleas of guilt to first degree murder, attempted
especially aggravated robbery (eight years), and two counts of attempted first
degree murder (fifteen years on each). A life sentence was imposed for the first
degree murder. As a result of the plea, the state withdrew a demand for the death
penalty. The trial court ordered concurrent sentences on all four counts.
On April 9, 1997, the petitioner filed this petition for post-conviction
relief alleging that his convictions were based upon involuntary guilty pleas "entered
without understanding the nature and consequences of the pleas" and contending
that his trial counsel was ineffective for the failure to adequately investigate the
circumstances and communicate with his client. At the conclusion of the evidentiary
hearing, the trial court determined that defense counsel had met the professional
guidelines of representation and further concluded as follows:
This court is satisfied that Petitioner was made fully
aware of all the consequences of his guilty plea and that
he entered into such plea knowingly and voluntarily.
Petitioner testified that he had read the guilty pleas and
that he understood all the rights he was giving up by
pleading guilty. Petitioner alleges that he was forced to
plead guilty because threats were being made against
him and his family by two of his co-defendants.
However, when accepting the guilty plea, petitioner made
no mention of any threats being made to him. Petitioner
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fully understood that he was entering the guilty plea
freely and voluntarily and [through review of the transcript
of the submission hearing] that no one could force or
compel him to enter a plea of guilty.
In this appeal, the petitioner has withdrawn his claim that trial counsel
was ineffective but persists in his argument that the pleas were neither knowingly
nor voluntarily made. In a post-conviction proceeding, the petitioner has the burden
of proving his allegations by and clear and convincing evidence. Tenn. Code Ann.
§ 40-30-210(f). On appeal, the findings of the trial court are conclusive unless the
evidence preponderates otherwise. Graves v. State, 512 S.W.2d 603 (Tenn. Crim.
App. 1973).
In Boykin v. Alabama, 395 U.S. 238 (1969), the United States
Supreme Court ruled that defendants should be advised of certain constitutional
rights before entering guilty pleas, including the right against self-incrimination, the
right to confront witnesses, and the right to a trial by jury. Id. at 243. The overriding
requirement under Boykin is that the guilty plea must be knowingly and voluntarily
made. Id. at 242-44. If the proof establishes that the defendant was aware of his
constitutional rights, he is entitled to no relief. Johnson v. State, 834 S.W.2d 922,
926 (Tenn. 1992).
In our view, the evidence does not preponderate against the trial
court's determination that the pleas were knowingly and voluntarily made. The
transcript establishes that at the guilty plea proceeding, the petitioner was advised of
his full panoply of constitutional rights. See State v. Neal, 810 S.W.2d 131 (Tenn.
1991), overruled in part by, Blankenship v. State, 858 S.W.2d 897 (Tenn. 1993).
Accordingly, the judgment is affirmed.
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________________________________
Gary R. Wade, Presiding Judge
CONCUR:
_____________________________
Thomas T. Woodall, Judge
_____________________________
John Everett Williams, Judge
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