State vs. Eddie Lowe

The petitioner, Eddie Lee Lowe, appeals the trial court's denial of his petition for post-conviction relief from his second degree murder and especially aggravated robbery convictions pursuant to guilty pleas. The petitioner contends that he received the ineffective assistance of counsel because neither his juvenile court attorney nor his trial attorneys preserved his right to appeal his transfer from juvenile court to criminal court for trial as an adult. Because the petitioner had no right to an acceptance hearing in the trial court, we hold that his juvenile court attorney was not deficient for failing to move for such a hearing. Also, we hold that the petitioner has failed to show deficient performance or prejudice by the fact that his trial attorney did not seek to reserve a certified question of law on the transfer issue. We affirm the trial court's denial of the petition.