IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT KNOXVILLE

April 23, 2024 Session

RYAN MICHAEL RAMEY v. STATE OF TENNESSEE

Appeal from the Criminal Court for Unicoi County

No. 7316 Lisa Rice, Judge

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No. E2023-00724-CCA-R3-PC

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The petitioner, Ryan Michael Ramey, appeals the denial of his post-conviction petition, 

arguing the post-conviction court erred in finding he received the effective assistance of 

counsel. After our review of the record, briefs, and applicable law, we affirm the denial of 

the petition.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

J. ROSS DYER, J., delivered the opinion of the court, in which ROBERT L. HOLLOWAY, JR.,

and ROBERT H. MONTGOMERY, JR., JJ., joined.

Cameron L. Hyder, Johnson City, Tennessee (on appeal) and Elizabeth Rae Jones, Erwin, 

Tennessee (at post-conviction hearing) , for the appellant, Ryan Michael Ramey.

Jonathan Skrmetti, Attorney General and Reporter; Garrett D. Ward, Senior Assistant 

Attorney General; Steven R. Finney, District Attorney General; and Todd Hull, Assistant 

District Attorney General, for the appellee, State of Tennessee.

OPINION

Facts and Procedural History

On direct appeal, this Court summarized the facts surrounding the petitioner’s 

convictions for rape and theft of $500 or less, as follows:

05/09/2024
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The victim, K.T.,1testified that on November 2, 2015, she fell asleep 

watching television in bed around 9:00 p.m. K.T. testified that at some point 

that night, she woke up to a man standing at the foot of her bed. K.T. recalled 

that the man was wearing a dark hooded sweatshirt and a baseball cap with 

the hood of the sweatshirt pulled up over the cap.

The man asked K.T., “Where the f--k is Earl at?” When K.T. told the 

man that she did not know who Earl was, the man responded, “B---h, don’t 

lie to me, I know you know where Earl’s at.” K.T. testified that the man said

that he “was just in this house a couple days ago” and that Earl owed him 

“money for dope.”

K.T. testified that when she picked up her cell phone to call 911, the 

man “jumped across the bed [and] grabbed [her] by the throat.” According 

to K.T., she and the man then “wrestled around” until they fell off the bed. 

K.T. further testified that during the attack, she “scream[ed] at the top of [her] 

lungs, hoping [that] the neighbors would hear [her].”

Once they were on the floor, the man pulled up K.T.’s shirt “and was 

rubbing on [her] chest.” K.T. testified that she begged the man to stop and 

not to rape her. According to K.T., the man responded by saying, “B---h, 

quit looking at me,” and put “a cloth” over her face. K.T. testified that the 

man then “pulled down [her] underwear and started rubbing” her vagina. She 

further testified that she was crying and begging the man to stop as he “stuck 

his fingers inside of [her].”

K.T. testified that when the man stopped touching her, he asked her if 

she had any money. K.T. responded that she had some cash in her wallet. 

According to her, the man took about sixty dollars out of her wallet. The 

man then told her not to call the police or he would come back and kill her 

and her children.

K.T. testified that she lay down on floor for a while after the man left. 

K.T. then went to check on her teenage son who had been sleeping in the 

bedroom down the hall from her bedroom. After seeing that her son was still 

asleep, K.T. went to a nearby relative’s house because she lost her cell phone 

during the struggle with the man. K.T. told her relative to get her gun, and 

they went back to K.T.’s house. K.T. woke her son up and had him go to a 

neighbor’s house. Her relative then called 911 and reported the incident.

 

1

It is the policy of this Court to refer to victims of sexual crimes by their initials. 
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K.T. identified the [petitioner] as the man who attacked her on 

November 2, 2015. K.T. testified that she did not know the [petitioner] and 

that she had not seen him before that night. K.T. further testified that she had 

no doubt that the [petitioner] was the man who attacked her. K.T. explained 

that her television and a lamp were on during the attack and that she saw the 

man’s face. K.T. told the jury that she would “never forget [his face] for the 

rest of [her] life.”

K.T. testified that a few weeks after the rape, her boyfriend told her 

that the police had been called to a neighbor’s house because “some guy had 

been across the street and that he had the same old story,” that he was looking 

for Earl. K.T. recalled that she talked to her neighbor the next day and 

decided to go to the police station to see why “the cops let [the guy] go.”

K.T. testified that when she got to the police station, she spoke to 

Erwin Police Department (EPD) Chief Regan Tilson. K.T. then described 

her interaction with Chief Tilson as follows: 

[Chief Tilson] said that . . . he was trying to figure out how to 

identify somebody in a lineup or pictures . . . . And he turned 

around and walk[ed] up to this table and pick[ed] up some 

pictures. [The petitioner’s] picture was on top, and before 

[Chief Tilson] said anything, I said, “That’s him.” 

K.T. testified that she identified the [petitioner] before Chief Tilson could 

even “fan [the pictures] out.”

K.T. testified that she kept her doors unlocked and that her backdoor 

had a broken door handle. She suspected that the [petitioner] just walked 

into her house on November 2, 2015. K.T. further testified that her son was 

“a very deep sleeper” and that she was not surprised that the sounds of her 

being attacked by the [petitioner] and screaming did not wake him up. K.T. 

admitted that she had no injuries or pain caused by the attack. K.T. also 

admitted that it was possible she went to the police station because she heard 

that a suspect had been arrested.

Detective Tony Buchanan testified that he was the detective for the 

EPD and that he began investigating this case the morning after when he was 

informed about the rape. Detective Buchanan recalled that K.T. thought her 

attacker “was probably on foot” because she had not heard a car. So
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Detective Buchanan decided to drive around K.T.’s neighborhood. Detective 

Buchanan testified that he saw the [petitioner] walking in K.T.’s 

neighborhood wearing a maroon hooded sweatshirt and a baseball cap. 

Detective Buchanan explained that he did not stop the [petitioner] because 

he was under the impression that the suspect was wearing a black or blue 

hooded sweatshirt, even though the suspect had been reported on the 911 call 

as wearing a brown or maroon one.

On November 16, 2015, there was a 911 call reporting that a man was 

“banging” on the door of the house “directly across” the street from K.T.’s 

house and “looking for Earl.” EPD Officer Chad McKinney stopped the 

[petitioner] while he was walking down a neighboring street. Officer 

McKinney testified that the [petitioner] “seemed a little nervous” and said 

that “he was looking for his friend, Earl.” Officer McKinney let the 

[petitioner] go because there were no warrants out for his arrest.

The next day, November 17, 2015, Detective Buchanan saw the 

[petitioner] and asked him who he had been looking for the previous night. 

Detective Buchanan testified that the [petitioner] said he was “looking for 

[his] friend, Earl.” Based upon this, Detective Buchanan and Chief Tilson 

decided to show K.T. a photographic lineup. Detective Buchanan testified 

that he went to pick up K.T., but when he got to her house, he was told that 

she had already gone to the police station.

Chief Tilson testified that he was in the process of printing off 

photographs for a lineup when there was a knock on the police station door. 

Chief Tilson further testified that he answered the door holding a photograph 

of the [petitioner] without realizing that K.T. was the victim in this case until 

she asked to see Detective Buchanan. According to Chief Tilson, K.T. saw 

the [petitioner’s] picture and said, “Is that him? That’s him.” Chief Tilson 

responded, “Is it?” Chief Tilson testified that K.T. responded, “Yes.” Chief 

Tilson further testified that he thought K.T. “seemed certain” when she 

identified the [petitioner]. Chief Tilson did not recall telling the victim that 

there was a suspect in her case.

Detective Buchanan testified that, after the [petitioner’s] arrest, the 

[petitioner] stated that he had been staying at a house a few blocks from 

K.T.’s home. Detective Buchanan admitted that there were no physical signs 

of an altercation in K.T.’s bedroom when he was there on November 3, 2015.

Detective Buchanan further admitted that K.T.’s money was not found on the 
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[petitioner] when he was arrested. There were also no visible injuries on the 

[petitioner].

Miguel Cervantes testified that the [petitioner] “stayed” with him 

frequently during the autumn of 2015. Specifically, Mr. Cervantes testified 

that the [petitioner] slept at his house on November 2, 2015. Mr. Cervantes 

testified that the [petitioner] was in the house when he went to bed around 

10:00 or 11:00 p.m. and that the [petitioner] was there when he woke up 

between 4:30 and 5:00 a.m.

Mr. Cervantes testified that it was possible that the [petitioner] left 

after he went to sleep, “but it would have been very hard.” Mr. Cervantes 

explained that the [petitioner] slept in the living room and that it was “a little 

thin house.” However, Mr. Cervantes admitted that outside of knowing that 

the [petitioner] was there on November 2, 2015, he was “a little shady” on 

the details of when or how long the [petitioner] stayed with him.

The [petitioner] denied raping K.T. The [petitioner] testified that he 

had never been in K.T.’s house or knocked on her door. The [petitioner]

further testified that he had never met K.T. According to the [petitioner], he 

came to Mr. Cervantes’s house from work, had a few beers, and went to bed 

around 10:00 or 11:00 p.m. on November 2, 2015. The [petitioner] further 

claimed that he only went outside to smoke that night.

The [petitioner] admitted that Mr. Cervantes’s house was about two 

blocks from K.T.’s house. The [petitioner] claimed that on November 16, 

2015, he decided to look for Earl while Mr. Cervantes was asleep. So the 

[petitioner] left Mr. Cervantes’s house and knocked on the door of the first 

house he saw with its lights on. The [petitioner] explained that he had been 

released from jail in September 2015 and that he had met Earl while he was 

incarcerated. The [petitioner] claimed that he did not know Earl’s address or 

phone number, but that he knew Earl lived in K.T.’s neighborhood. The 

[petitioner] further explained that he wanted to find Earl because he thought 

Earl might know about some possible job opportunities.

The [petitioner] testified that he was “shocked” when he was accused 

of raping K.T. The [petitioner] admitted that he “occasionally” used 

marijuana and that he had prior convictions for burglary, theft, and 

vandalism. The [petitioner] denied that he had ever been charged with 

assault or any other violent crimes.
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Based upon the foregoing, the jury convicted the [petitioner] as 

charged of rape and theft of $500 or less. Following a sentencing hearing, 

the trial court imposed a total effective sentence of fifteen years.

State v. Ramey, No. E2017-00580-CCA-R3-CD, 2018 WL 1151959, at *1-3 (Tenn. Crim. 

App. Mar. 5, 2018), no perm. app. filed. 

Following the denial of his direct appeal, the petitioner filed a pro se petition for 

post-conviction relief on February 12, 2019, arguing, in part, that trial counsel was 

ineffective for failing to file a motion to suppress the victim’s identification of the 

petitioner and failing to adequately advise the petitioner regarding his right to testify. 

Counsel was appointed, and the petitioner filed an amended petition. An evidentiary 

hearing was held on April 21, 2021, during which the petitioner, Chief Regan Tilson, and 

Detective Tony Buchanan testified.2 

The petitioner testified that, due to a learning disability, he often had trouble 

understanding the issues trial counsel discussed with him. Prior to trial, the petitioner and 

trial counsel spoke about the reliability of the victim’s identification of him. However, the 

petitioner could not recall whether trial counsel discussed the possibility of filing a motion 

to suppress the identification. The petitioner also testified that trial counsel never spoke to 

him about objecting to the victim’s in-court identification. On cross-examination, the 

petitioner agreed that trial counsel cross-examined the victim and officers about the 

identification during the preliminary hearing and the trial.

Regarding his decision to testify at trial, the petitioner stated that he did not realize 

his prior convictions would be used to impeach his testimony, and if he had known, he 

would have chosen not to testify. On cross-examination, the petitioner agreed that he was

in criminal court several times prior to this case. He could not recall whether the trial court 

conducted a Momon3 hearing prior to his testimony.

Chief Regan Tilson testified that approximately two weeks after the victim’s assault, 

a patrol officer encountered the petitioner on a separate call that had similarities to the 

victim’s case. Based on that information, Chief Tilson asked Detective Tony Buchanan to 

locate the victim so they could show her a photographic lineup that included the petitioner. 

Chief Tilson then obtained a photograph of the petitioner and was in the process of 

searching for similar photographs when someone knocked on the door of the police station. 

Chief Tilson, still holding the petitioner’s photograph, answered the door and greeted the 

victim, whom he did not recognize. The victim saw the photograph in Chief Tilson’s hand 

 

2 Although present at the evidentiary hearing, trial counsel did not testify.

3 Momon v. State, 18 S.W.3d 152 (Tenn. 1999).
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and stated, “That’s him.” Chief Tilson admitted that he would have preferred to show the 

victim multiple photographs at the same time, which was his general practice. Following 

his encounter with the victim, Chief Tilson contacted the district attorney to explain what 

happened. On cross-examination, Chief Tilson agreed that trial counsel “aggressive[ly]” 

cross-examined him at the preliminary hearing and the trial regarding the victim’s 

identification of the petitioner.

Detective Tony Buchanan testified that he was assigned to lead the investigation

concerning the rape of the victim. He agreed that there was no DNA recovered from the 

scene, that the victim did not suffer any injuries, and that the victim was the only witness 

to the crime. Although the petitioner did not have the victim’s property on him when he 

was arrested, Detective Buchanan stated that the arrest took place several weeks after the 

rape and theft. Detective Buchanan agreed that there was no physical proof tying the 

petitioner to the crime “other than his interview.” Regarding the victim’s description of 

the perpetrator, the victim told Detective Buchanan that her assailant was wearing “a hat 

and a hoodie,” but she could not describe his eye color or whether he had any tattoos. On 

cross-examination, Detective Buchanan agreed that, because the victim was digitally 

penetrated, he would not expect to find semen or other physical evidence at the crime scene. 

During the petitioner’s interview, Detective Buchanan mentioned DNA, and the petitioner 

said, “Well, if you can get DNA” while holding up his hand with two fingers extended.

After its review of the evidence presented, the post-conviction court denied relief, 

and this timely appeal followed.

Analysis

On appeal, the petitioner argues trial counsel was ineffective for failing to challenge 

the victim’s identification of him from a single photograph and for failing to protect the 

petitioner’s right to testify. The State contends the post-conviction court properly denied 

relief. Upon our review, we agree with the State.

The petitioner bears the burden of proving his post-conviction factual allegations by 

clear and convincing evidence. Tenn. Code Ann. § 40-30-110(f). The findings of fact 

established at a post-conviction evidentiary hearing are conclusive on appeal unless the 

evidence preponderates against them. Tidwell v. State, 922 S.W.2d 497, 500 (Tenn. 1996). 

This Court will not reweigh or reevaluate evidence of purely factual issues. Henley v. 

State, 960 S.W.2d 572, 578 (Tenn. 1997). However, appellate review of a trial court’s 

application of the law to the facts is de novo, with no presumption of correctness. See Ruff 

v. State, 978 S.W.2d 95, 96 (Tenn. 1998). The issue of ineffective assistance of counsel 

presents mixed questions of fact and law. Fields v. State, 40 S.W.3d 450, 458 (Tenn. 2001). 

Thus, this Court reviews the petitioner’s post-conviction allegations de novo, affording a 
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presumption of correctness only to the post-conviction court’s findings of fact. Id.; Burns 

v. State, 6 S.W.3d 453, 461 (Tenn. 1999).

To establish a claim of ineffective assistance of counsel, the petitioner must show 

both that counsel’s performance was deficient and that counsel’s deficient performance 

prejudiced the outcome of the proceedings. Strickland v. Washington, 466 U.S. 668, 687 

(1984); State v. Taylor, 968 S.W.2d 900, 905 (Tenn. Crim. App. 1997) (noting that the 

standard for determining ineffective assistance of counsel applied in federal cases is also 

applied in Tennessee). The Strickland standard is a two-prong test:

First, the defendant must show that counsel’s performance was 

deficient. This requires showing that counsel made errors so serious that 

counsel was not functioning as the “counsel” guaranteed the defendant by 

the Sixth Amendment. Second, the defendant must show that the deficient 

performance prejudiced the defense. This requires showing that counsel’s 

errors were so serious as to deprive the defendant of a fair trial, a trial whose 

result is reliable.

466 U.S. at 687. In order for a post-conviction petitioner to succeed, both prongs of the 

Strickland test must be satisfied. Id. Thus, courts are not required to even “address both 

components of the inquiry if the defendant makes an insufficient showing on one.” Id.; see 

also Goad v. State, 938 S.W.2d 363, 370 (Tenn. 1996) (stating that “a failure to prove 

either deficiency or prejudice provides a sufficient basis to deny relief on the ineffective 

assistance claim”).

A petitioner proves a deficiency by showing “counsel’s acts or omissions were so 

serious as to fall below an objective standard of reasonableness under prevailing 

professional norms.” Goad, 938 S.W.2d at 369 (citing Strickland, 466 U.S. at 688; Baxter 

v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)). The prejudice prong of the Strickland test is 

satisfied when the petitioner shows there is a reasonable probability, or “a probability 

sufficient to undermine confidence in the outcome,” that “but for counsel’s unprofessional 

errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 

694. However, “[b]ecause of the difficulties inherent in making the evaluation, a court 

must indulge a strong presumption that counsel’s conduct falls within the wide range of 

reasonable professional assistance; that is, the defendant must overcome the presumption 

that, under the circumstances, the challenged action ‘might be considered sound trial 

strategy.’” Id. at 689 (quoting Michel v. Louisiana, 350 U.S. 91, 101 (1955)).

I. Failure to File Motion to Suppress
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The petitioner asserts that trial counsel provided ineffective assistance in failing to 

seek suppression of the victim’s identification of him from a single photograph. He argues 

the inherent suggestive nature of the identification caused him prejudice. The State 

contends the post-conviction court properly found that trial counsel was not ineffective for 

failing to file a motion to suppress.

In order to establish a successful claim of ineffective assistance of counsel based on 

counsel’s failure to file a motion to suppress evidence, a petitioner “must prove: (1) a 

suppression motion would have been meritorious; (2) counsel’s failure to file such motion 

was objectively unreasonable; and (3) but for counsel’s objectively unreasonable omission, 

there is a reasonable probability that the verdict would have been different absent the 

excludable evidence.” Phillips v. State, 647 S.W.3d 389, 404 (Tenn. 2022). The petitioner 

continues to bear the burden of proving the factual allegations supporting his or her claims 

by clear and convincing evidence. Id. (citing Tenn. Code Ann. § 40-30-110(f)). In order 

to prevail, the petitioner should “[i]n essence . . . incorporate a motion to suppress within 

the proof presented at the post-conviction hearing.” Cecil v. State, No. M2009-00671-

CCA-R3-PC, 2011 WL 4012436, at *8 (Tenn. Crim. App. Sept. 12, 2011).

In Neil v. Biggers, 409 U.S. 188 (1972), the United States Supreme Court set forth 

the test for determining whether the pretrial identification of a defendant is admissible as 

evidence at trial. First, this two-part analysis requires the trial court to determine whether 

the identification procedure was unduly suggestive. Biggers, 409 U.S. at 198. The 

identification cannot be “conducted in such an impermissibly suggestive manner to create 

a substantial likelihood of irreparable misidentification.” State v. Cribbs, 967 S.W.2d 773, 

794 (Tenn. 1998). This Court has stated that a single photographic lineup is inherently 

suggestive. See State v. Hill, No. E2020-00721-CCA-R3-CD, 2021 WL 1742291, at *7 

(Tenn. Crim. App. May 3, 2021); State v. Tate, No. E2012-02576-CCA-R3-CD, 2013 WL 

5436533, at *5 (Tenn. Crim. App. Sept. 27, 2013). 

If the court finds the identification procedure was unduly suggestive, then the 

second question is whether the identification was reliable despite this undue suggestion. 

Biggers, 409 U.S. at 198-99. The factors to be considered in evaluating the reliability of 

an identification include: (1) the opportunity of the witness to view the criminal at the time 

of the crime, (2) the witness’ degree of attention, (3) the accuracy of the witness’ prior 

description of the criminal, (4) the level of certainty demonstrated by the witness at the 

confrontation, and (5) the length of time between the crime and the confrontation. Id. at 

199-200.

At the evidentiary hearing, the petitioner testified that he spoke with trial counsel 

regarding the reliability of the victim’s identification of him. However, the petitioner could 

not recall whether they discussed filing a motion to suppress and testified that they did not 
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discuss the possibility of objecting to the victim’s in-court identification of the petitioner. 

On cross-examination, the petitioner agreed that trial counsel cross-examined the victim 

and officers about the identification during the preliminary hearing and the trial. Chief 

Tilson testified that he was assembling a photographic lineup that included the petitioner’s 

photograph when the victim knocked on the door of the police station. Chief Tilson did 

not recognize the victim and answered the door holding the petitioner’s photograph. When 

the victim saw the photograph, she stated, “That’s him.” Chief Tilson agreed that showing 

the victim a single photograph was not standard procedure and testified that he would have 

preferred to show multiple photographs at the same time.

We note that the petitioner’s argument relative to the reliability of the victim’s 

identification was raised on direct appeal, and this Court concluded that the victim’s 

testimony that she would “never forget” her attacker’s face coupled with the circumstances 

of her identification were sufficient to sustain the petitioner’s convictions. Furthermore, 

in finding the petitioner was not entitled to plain error relief on the trial court’s admission 

of the victim’s single photograph and in-court identifications, this Court concluded that 

defense counsel cross-examined K.T. and Chief Tilson extensively about 

K.T.’s identification of the [petitioner] at the police station in an attempt to 

attack K.T.’s credibility. Likewise, defense counsel argued in both his 

opening and closing statements that the exchange between Chief Tilson and 

K.T. made any identification of the [petitioner] suspect. All of this is 

consistent with a tactical decision to waive the issue in order to attack K.T.’s 

credibility.

Even assuming arguendo that the single photograph identification was suggestive, 

the Biggers factors establish that the victim’s identification was reliable. When the victim 

awoke to find the petitioner in her bedroom, the television was on as well as a bedside 

lamp. Although, the petitioner was initially standing at the foot of the victim’s bed, when 

he “jumped on top of [her]” the petitioner’s face was very close to the victim’s, and she

stared at the petitioner until he covered her face with a cloth. The circumstances were such 

that the victim would have paid close attention to the petitioner. The victim described the 

petitioner consistently and provided police with his approximate height, build, and 

clothing. Two weeks after the assault, Chief Tilson was in the process of preparing a 

photographic lineup when the victim knocked on the door to the police station. Chief 

Tilson, unaware of what the victim looked like, opened the door holding the petitioner’s 

photograph, and the victim stated, “Is that him? That’s him.” Chief Tilson asked, “Is it?”,

and the victim replied, “Yes.” Chief Tilson testified that the victim “seemed certain” about 

the identification. Moreover, this Court previously reviewed the petitioner’s challenge of 

the victim’s identification and found that trial counsel made a tactical decision not to file a 

motion to suppress in order to challenge the victim’s credibility. The fact that a strategy 
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or tactic failed or was detrimental to the defense does not, alone, support a claim for 

ineffective assistance of counsel. Cooper v. State, 847 S.W.2d 521, 528 (Tenn. Crim. App. 

1992). Deference is given to sound tactical decisions made after adequate preparation for 

the case. Id. Accordingly, trial counsel was not deficient for failing to challenge the 

identification, and the petitioner is not entitled to relief on this issue.

II. Failure to Protect the Petitioner’s Right to Testify

The petitioner argues trial counsel was ineffective for failing to protect the 

petitioner’s right to testify. The petitioner alleges trial counsel failed to inform the 

petitioner that he would be subject to impeachment with his prior convictions if he chose 

to testify at trial. The State contends the post-conviction court properly found that trial 

counsel was not ineffective in failing to protect the petitioner’s right to testify.

At the evidentiary hearing, the petitioner testified that he did not know that his prior 

convictions would be used to impeach his testimony if he testified at trial, and had he 

known, he would not have testified. On cross-examination, the petitioner could not recall 

whether the trial court conducted a Momon hearing prior to his testimony. 

In ruling on this issue, the post-conviction court specifically discredited the 

petitioner’s testimony that he was unaware that his prior convictions would be used to 

impeach him. “Questions of credibility of the witnesses, the weight and value of the 

evidence, and resolution of conflicts in the evidence are matters entrusted to the trial judge 

as the trier of fact,” and the post-conviction court’s credibility determinations are 

conclusive on appeal unless the evidence preponderates against them. State v. Odom, 928 

S.W.2d 18, 23 (Tenn. 1996). Although the petitioner claimed he was unaware that his prior 

convictions would be admissible should he testify, the record shows that it was trial counsel 

who initially brought up the petitioner’s convictions, asking the petitioner if he had “been 

in trouble with the law before.” After the petitioner agreed that he had prior dealings with 

law enforcement, trial counsel asked the petitioner to “tell [the jury] a little bit about [his] 

past charges,” and the petitioner listed his prior convictions and testified that he was

released from jail a few months before the victim’s assault. As the post-conviction court 

noted in its order denying relief, “[t]his exchange between [the petitioner] and trial counsel 

indicates [] that [the petitioner] and trial counsel had discussed how the issue of prior 

crimes of dishonesty should be dealt with during his trial testimony and that he would be 

asked about those in the presence of the jury.” Therefore, the evidence does not 

preponderate against the post-conviction court’s credibility determination, and the 

petitioner is not entitled to relief on this issue. 
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Conclusion

Based upon the foregoing authorities and reasoning, we affirm the post-conviction 

court’s judgment denying the petitioner post-conviction relief.

____________________________________

 J. ROSS DYER, JUDGE