# FILED February 6, 1998 Cecil Crowson, Jr. Appellate C ourt Clerk IN THE COURT OF CRIMINA L APPEALS OF T ENNESSEE AT KNOXVILLE DECEMB ER SESSION, 1997
EDDIE E.GLENN, ) C.C.A. NO. 03C01-9703- CC-00115 Appe llant, ) ) ) UNION COUNTY VS. ) ) HON. LEE ASBURY STATE OF TENNESSEE, ) JUDGE ) Appellee. ) (Post-Convi ction)

ON APPEA L FROM THE JUDGMENT OF THE CRIMINAL COURT OF UNION COUNTY
FOR THE APPELLANT : FOR THE APPELLEE : EDDIE GLENN, Pr

o Se JOHN KNOX WALKUP Route 4, Box 600 Attorney Generaland Reporter Pikevil le, TN 37367-9243 CLINTON J. MORGAN Assistant Attorney General 425 5th Avenu e North Nashvill e, TN 37243 WILLIAM PAUL PHI LLIPS Distri ct Attorney General CLIFTON S. S EXTON Assistant Distri ct Attorney General P.O. Box 10 Huntsvil le, TN 37756
OPINION FILED ________________________ AFFIRMED PURSU ANT TO RU LE 20 DAVID H. WELLES , JUD GE-2- 

## ORDER

The Petiti oner , Edd ie E. Gl enn, appeals the trialco urt’s deni al ofhis petiti on for pos t-conv iction re li ef. I n this appeal, he argues that the trial court failedto word its o rder of dism issal ade quately a nd urge s th is Cour t to remand to the trial court to evaluate h is claim of ineffective assista nce of coun sel fully.

The Petiti oner fil ed his fi rst petition for post-convi ction rel ief on August 30, 1991, which was d enied by the tr ial c ourt on M ay 28, 1993, and whi ch was affirmed by this Cour t on March 8, 1995
. State v. Eddie Glenn , C.C.A. No. 03C01-9311-CR-00362, Union Co unty (T enn. Crim. App., Knoxvill e, March 8, 1995). The Petiti oner’s second pet ition f or post-conv ictionrelief w as fil ed on December 1, 1994 and was dismi ssed by the t rial cour t on Octob er 29, 19 96. It is from th e orde r dism issing his second petit ion for post-convi ction rel iefthat the Petitioner appeals.

After review ing the record in this case , includ ing this Cour t’s opinion on t he first post-convi ction pet ition and the all egations rai sed in the second petiti on, we must conclud e that the general issue of inef fectiv e assistance has

been previousl y determined and that any additional claims regard ing that issue have been waived. Tenn. Code Ann. § 40-30-112(a)(repealed) . It app ears that t he Petiti onernow raises addi tional f acets of i neffective as sistance and new evidence he allege s were not pre viously prese nted b ecau se tria l couns el and po stconvicti on coun sel did not prop erly investiga te. However, our supr eme court has determined that a petiti oner is bound by the acti on or inact ion of counselin prior post-convi ction proceedings on t he applicat ion of defenses of waive r and-3-

previousdeterm ination. Hous e v. State , 911 S.W.2d 705 , 706 ( Tenn. 19 95). There fo re, any failu re by th e Petitio ner or h is prior c ouns el in pre sentin g all grounds for relief in a prio r procee ding resu lts in a waiver of those issues in any subsequentpost-convi ction proceeding. Thus, the Petiti oner’s cl aim of improper jury instruction s has be en waive d. W e a lso conclude t hat the waiv er issue was previo usly determined i n this Court’s opini on in the Pe titioner’s first pos tconvicti on proceeding. Thus the petit ion for post-convi ction rel iefwas prope rly dismissed.

We conclude that

the evidenc e does not prep ondera te against t he findi ngs of the trialjudge and that no error of

law requirin g a reve rsal of th e judg men t is apparenton the re cord. Ba sed up on a tho rough re ading o f the record , the briefs of the parties , and the la w gover ning the is sues p resente d for review , th e judgment of the tria l court is affirme d in ac corda nce w ith Rule 20 of the Court of Criminal Appeal s of Tennessee.

____________________________________ DAVID H. WELLES , JUD GE

CONCUR:

___________________________________ DAVID G. HAY ES, J UDGE

___________________________________ THOMAS T. WOODALL, J UDGE