IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE

AT NASHVILLE

Assigned on Briefs November 14, 2017

JERRY FINIS LAYNE v. STATE OF TENNESSEE

Appeal from the Circuit Court for Grundy County

No. 5169 Justin C. Angel, Judge

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No. M2017-00421-CCA-R3-PC

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The Petitioner, Jerry Finis Layne, appeals the denial of his petition for post-conviction 

relief, arguing that he received ineffective assistance of counsel and that his guilty plea 

was unknowingly and involuntarily entered. Following our review, we affirm the denial 

of the petition.

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

ALAN E. GLENN, J., delivered the opinion of the court, in which JOHN EVERETT 

WILLIAMS and NORMA MCGEE OGLE, JJ., joined.

B. Jeffery Harmon, District Public Defender; and Robert G. Morgan, Assistant Public 

Defender, for the appellant, Jerry Finis Layne.

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel;

James Michael Taylor, District Attorney General; and David L. Shinn, Jr., Assistant 

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

OPINION

FACTS

The Petitioner was indicted for two counts of aggravated assault and one count of 

aggravated kidnapping. On September 22, 2014, he pled guilty to one count of 

aggravated assault in exchange for a ten-year-sentence and dismissal of the other charges. 

The State recited the following factual basis for the plea at the guilty plea hearing 

as follows:

02/15/2018
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Testimony from Jody Dykes and Jody Kinnery would be that on April 7, 

2013, the [Petitioner] and Mr. Dykes and Ms. Kinnery, along with some 

other individuals were at Ms. Kinnery’s residence in the Daus Mountain 

area of Grundy County. Mr. Dykes and Ms. Kinnery’s testimony would be 

that the [Petitioner] became upset with Jody Dykes based upon some 

allegations the [Petitioner] made against Mr. Dykes. The [Petitioner] 

picked up a baseball bat and was threatening to kill Mr. Dykes. Came at 

him, took a swing at him. Mr. Dykes would testify that he swung towards 

his head. The only thing that saved him, Mr. Dykes would testify, he raised 

his arm and was struck on his elbow. There was a knot that came up on his 

elbow and some bruising. Mr. Dykes was separated from the [Petitioner].

At some time later that day the [Petitioner] got Ms. Kinnery to take 

him looking for a gun. Ms. Kinnery would state that the [Petitioner] was 

continuing to threaten to kill Mr. Dykes. Could not obtain a gun. They 

went back to Ms. Kinnery’s residence and the [Petitioner] picked up a knife 

and started chasing through the house looking for Mr. Dykes, threatened to 

kill Mr. Dykes and while the [Petitioner] was looking through the house for 

Mr. Dykes, the testimony from the witness would be that Mr. Dykes kind of 

slipped off and fled from the residence.

The [Petitioner] was later arrested. Jon Bell would testify that the 

knives that the [Petitioner] had in his possession were found thrown out in 

the yard of the area of the home of Ms. Kinnery. 

The trial court reviewed the Petitioner’s rights with him and inquired whether he 

understood those rights and was satisfied with counsel. The Petitioner testified that he 

understood the terms of his plea and had no questions for counsel regarding the plea. 

The State made the following announcement before the trial court accepted the 

plea:

[T]here is another . . . aggravated assault case pending here in Marion 

County and we will be entering a nolle [prosequi] on that as part of this 

agreement. We will not do that today. We’ll do that sometime in the 

future. I think it’s actually set in November. The [Petitioner] has 

expressed a desire not to go back to the Grundy County jail and be able to 

remain here or Sequatchie or Bledsoe County and so we’re going to leave 

that case open so he can stay here until – the jail administrator that I spoke 

to on Friday said she would try to arrange some way for him to be 
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transferred to Sequatchie or Bledsoe [County] once he becomes a state 

prisoner. 

The Petitioner filed a timely pro se petition for post-conviction relief on 

September 10, 2015, and appointed counsel filed an amended petition on June 6, 2016. 

In his petition, the Petitioner alleged that his guilty plea was not knowingly entered 

because he misunderstood the terms of his plea; specifically, he believed that he would 

serve his sentence “in a local county jail where he could receive maximum sentence 

reduction credits.” He further alleged that “his misunderstanding of the plea terms was 

due, in part, to ineffective assistance of counsel.” 

The post-conviction court conducted an evidentiary hearing on January 25, 2017. 

At the hearing, the Petitioner admitted that he had thirteen prior felony convictions 

involving acts of dishonesty. He said that he had appeared before a judge and entered 

guilty pleas those thirteen times, as well as on other occasions for a number of 

misdemeanors. Accordingly, he was familiar with the criminal justice system and the 

guilty plea procedure. The Petitioner admitted that he told the State’s investigator that he 

hit the victim with a baseball bat, albeit in self-defense, but denied kidnapping anyone. 

The Petitioner said that he spoke with counsel three or four times to discuss his 

case and any plea offers. He understood that he faced a minimum thirty-year-sentence on 

the aggravated kidnapping charge and fifteen years on the aggravated assault charges and 

that all the sentences would run consecutively. The Petitioner said that he and counsel 

had several discussions about his desire to be housed locally in a county jail, elaborating 

that he wanted to serve his sentence in a county jail because those jails were more 

generous with sentence reduction credits than the Department of Correction. The 

Petitioner recalled that counsel met with him the Friday before the scheduled Monday 

hearing date, and counsel told him that the prosecutor “ha[d] talked with the jail 

administrator and all this is going to happen if [he] t[ook] this plea.” However, he 

acknowledged that county jails were not required to give sentence reduction credits, nor 

did counsel promise him that county jail sentence reduction credits were guaranteed. 

The Petitioner maintained that he “agreed to 10 years to be served in the Bledsoe 

County jail or the Sequatchie County jail,” and he believed at the time he entered his plea 

that he would be transferred to one of those jails. He said that he was never informed that 

he might not be incarcerated locally, but he acknowledged that nothing in his guilty plea 

paperwork or on the judgment indicated that he would serve his sentence anywhere other 

than the Department of Correction. The Petitioner recalled, however, that it was 

announced during the plea hearing that “everything is suppose[d] to be in order” and that 

the Petitioner would “stay in Marion County until we can order a transfer to Bledsoe or

Sequatchie County.” 
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The Petitioner acknowledged that he told the court during the plea hearing that he 

was satisfied with counsel’s performance, which he claimed was true at the time. He said 

that had the trial court, the prosecutor, or counsel stated on the record at the plea hearing 

that he was not guaranteed where he would serve his sentence, he would not have 

accepted the plea offer and, instead, would have gone to trial. However, he also 

acknowledged that when the trial court asked him if he had been promised anything other 

than the plea offer, he answered no. 

The Petitioner testified that, when he learned that he would not be housed in a 

county jail, he wrote a letter to counsel expressing his desire to withdraw his guilty plea. 

Counsel visited him and advised against withdrawing his plea. He claimed that counsel 

told him, “[I]t’s going to happen[]. We’ve talked with them. The next day or so you’ll 

be transferred.” 

Counsel testified that she had many meetings with the Petitioner and 

recommended that he accept the State’s ten-year offer based on his record and the facts of 

the case. She recalled that the Petitioner was agreeable with a ten-year sentence given his 

potential exposure. Counsel stated that the Petitioner expressed his desire to serve his 

sentence in a county jail and that was a central point of their discussions. 

Before the plea, the prosecutor informed counsel that he had spoken with the jail 

administrator about transferring the Petitioner to a county jail, and the jail administrator 

indicated that he “would do what . . . he could[] to have [the Petitioner] transferred to one 

of the local jails.” However, counsel confirmed that there was no provision in the plea 

petition or the judgment indicating that the Petitioner would serve his sentence in a 

county jail. Counsel was not concerned that the plea did not include such provision

because there was “no guarantee that the transfer would take place” as part of the offer, 

and she explained that to the Petitioner. She told the Petitioner that neither she nor the 

prosecutor could promise that he would serve his sentence in a county jail. Counsel did 

not believe that the Petitioner was confused about where he would be incarcerated, 

elaborating that he “understood perfectly.” 

Counsel said that in hindsight, she could not say that she would have done 

anything differently at the plea hearing. Counsel recalled that she was contacted by the 

Board of Professional Responsibility about a complaint filed by the Petitioner and that 

her response to the Petitioner’s complaint included the following statement, “‘If you 

recall, when you agreed to enter your plea, I explained to you that I could not promise 

that the transfer would take place.’” 
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Counsel testified that sometime after the plea hearing, the Petitioner contacted her 

about withdrawing his plea because he had not been transferred. She discussed a motion 

to withdraw with the Petitioner and left the decision up to him as to whether a motion 

should be filed. She called the jail administrators in Marion County, Sequatchie County, 

and Bledsoe County to try to get the Petitioner transferred. She called so often that one 

of the county jails stopped returning her calls. She asked the Petitioner whether he 

wanted her to file a motion to withdraw the plea or continue working on trying to get him 

transferred, and the Petitioner replied that he wanted her to continue working on a 

transfer. 

At the conclusion of the hearing, the post-conviction court made oral findings, 

which were incorporated later into a written order, denying the petition. The court found 

that the Petitioner desired to be housed in a county jail rather than the Department of 

Correction and that counsel went “above and beyond what is normal representation” 

trying to effectuate that desire. The court noted, however, that counsel explained to the 

Petitioner before he entered the plea that there was no guarantee he would be housed 

locally. The court noted that the judgment, signed by the Petitioner, indicated that 

service of the sentence was in the “TDOC” and that there was no additional provision

indicating that the Petitioner would be incarcerated locally or in a county jail. The court 

likewise found that there was no such provision in the plea petition, which was also 

signed by the Petitioner. The court recalled that the Petitioner affirmed at the plea 

hearing that he understood the proposed sentence. The court concluded that the 

Petitioner’s plea was knowingly and voluntarily entered and that there was no deficiency 

in counsel’s performance.

ANALYSIS

The Petitioner argues that his plea was unknowingly and involuntarily entered, 

partly due to ineffectiveness of counsel. He asserts that he misunderstood the terms of 

his plea and that “his ignorance and incomprehension” were compounded due to 

comments made by the prosecutor at the plea hearing. He further asserts that counsel’s 

failure to state on the record at the plea hearing “that there was no promise that he would 

serve his sentence in a local jail was ineffective.” 

The post-conviction petitioner bears the burden of proving his or her allegations 

by clear and convincing evidence. See Tenn. Code Ann. § 40-30-110(f). When an 

evidentiary hearing is held in the post-conviction setting, the findings of fact made by the 

court are conclusive on appeal unless the evidence preponderates against them. See

Tidwell v. State, 922 S.W.2d 497, 500 (Tenn. 1996). Where appellate review involves 

purely factual issues, the appellate court should not reweigh or reevaluate the evidence. 

See Henley v. State, 960 S.W.2d 572, 578 (Tenn. 1997). However, review of a trial 
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court’s application of the law to the facts of the case 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, which presents mixed questions of fact and law, is reviewed de 

novo, with a presumption of correctness given only to the post-conviction court’s 

findings of fact. See Fields v. State, 40 S.W.3d 450, 458 (Tenn. 2001); Burns v. State, 6

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

To establish a claim of ineffective assistance of counsel, the petitioner has the 

burden to show both that trial counsel’s performance was deficient and that counsel’s 

deficient performance prejudiced the outcome of the proceeding. Strickland v.

Washington, 466 U.S. 668, 687 (1984); see State v. Taylor, 968 S.W.2d 900, 905 (Tenn. 

Crim. App. 1997) (noting that same standard for determining ineffective assistance of 

counsel that is applied in federal cases also applies 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.

The deficient performance prong of the test is satisfied by showing that “counsel’s 

acts or omissions were so serious as to fall below an objective standard of reasonableness 

under prevailing professional norms.” Goad v. State, 938 S.W.2d 363, 369 (Tenn. 1996) 

(citing Strickland, 466 U.S. at 688; Baxter v. Rose, 523 S.W.2d 930, 936 (Tenn. 1975)). 

The prejudice prong of the test is satisfied by showing a reasonable probability, i.e., 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. In the context of a guilty plea, the petitioner must show a 

reasonable probability that were it not for the deficiencies in counsel’s representation, he 

or she would not have pled guilty but would instead have insisted on proceeding to trial. 

Hill v. Lockhart, 474 U.S. 52, 59 (1985); House v. State, 44 S.W.3d 508, 516 (Tenn. 

2001).

Courts need not approach the Strickland test in a specific order or even “address 

both components of the inquiry if the defendant makes an insufficient showing on one.” 

466 U.S. at 697; see also Goad, 938 S.W.2d at 370 (stating that “failure to prove either 
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deficiency or prejudice provides a sufficient basis to deny relief on the ineffective 

assistance claim”).

Before a guilty plea may be accepted, there must be an affirmative showing in the 

trial court that it was voluntarily and knowingly entered. Boykin v. Alabama, 395 U.S. 

238, 242 (1969); State v. Mackey, 553 S.W.2d 337, 340 (Tenn. 1977). This requires a 

showing that the defendant was made aware of the significant consequences of the plea. 

State v. Pettus, 986 S.W.2d 540, 542 (Tenn. 1999) (citing Mackey, 533 S.W.2d at 340). 

A plea is not “voluntary” if it results from ignorance, misunderstanding, coercion, 

inducements, or threats. Blankenship v. State, 858 S.W.2d 897, 904 (Tenn. 1993). The 

trial court must determine if the guilty plea is “knowing” by questioning the defendant to 

make sure he or she fully understands the plea and its consequences. Pettus, 986 S.W.2d 

at 542; Blankenship, 858 S.W.2d at 904.

Because the plea must represent a voluntary and intelligent choice among the 

alternatives available to the defendant, the trial court may look at a number of 

circumstantial factors in making this determination. Blankenship, 858 S.W.2d at 904. 

These factors include: (1) the defendant’s relative intelligence; (2) the defendant’s 

familiarity with criminal proceedings; (3) whether the defendant was represented by 

competent counsel and had the opportunity to confer with counsel about alternatives; (4) 

the advice of counsel and the court about the charges against the defendant and the 

penalty to be imposed; and (5) the defendant’s reasons for pleading guilty, including the 

desire to avoid a greater penalty in a jury trial. Id. at 904-05.

In denying the petition, the post-conviction court found:

There is no proof in the record as a whole of any promise, either explicit or

implied, made to the Petitioner stating his ten-year sentence would be 

served in a local jail.

[Counsel]’s not placing on the record during the plea colloquy [that] 

there was no promise or guarantee the Petitioner’s sentence would be 

served in a local jail was not ineffective and this did not prejudice the 

Petitioner.

[Counsel’s] overall representation of the Petitioner was not 

ineffective and her performance did not prejudice the Petitioner. 

The record shows that the Petitioner was quite familiar with guilty plea 

proceedings, having thirteen prior felony convictions, all of which resulted from guilty 

pleas. By his own admission, the Petitioner was very acquainted with the criminal justice 
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system and the procedure for entering pleas. The Petitioner admitted that he was guilty 

of assaulting the victim and risked a far greater sentence if convicted at trial. The 

Petitioner had many opportunities to discuss his case and the State’s offer before entering 

his plea and was advised by the trial court of the ramifications of waiving a trial and 

entering a plea. Counsel was clear in her testimony, which the post-conviction court 

accredited, that she informed the Petitioner before entering his plea that service in a 

county jail could not be guaranteed and was therefore not part of the plea agreement. 

Because there was no such guarantee, the plea petition and judgment, both signed by the 

Petitioner, contain no provision indicating that service would be anywhere other than in 

the Department of Correction. At the plea hearing, the Petitioner verified to the court that 

he had not been promised anything other than what was in the plea offer. Although the 

prosecutor referenced the Petitioner’s desire to remain in a county jail and that the jail 

administrator would “try” to assist the Petitioner, such was not a promise but merely a 

statement that a transfer might occur. The Petitioner has not met his burden of 

demonstrating either that he received ineffective assistance of counsel or that his guilty 

plea was unknowing and involuntary. Accordingly, we affirm the denial of the petition 

for post-conviction relief. 

CONCLUSION

Based on the foregoing authorities and reasoning, we affirm the judgment of the 

post-conviction court denying the petition for post-conviction relief.

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ALAN E. GLENN, JUDGE