Timothy Webber v. State of Tennessee

In January 2007, the Davidson County Grand Jury indicted Petitioner, Timothy Webber, for one count of second degree murder and one count of aggravated assault in connection with the death of a homeless woman and the beating of a man. On October 22, 2007, Petitioner pled guilty to second degree murder. As part of his plea agreement, Petitioner was sentenced to seventeen years to be served at 100%. Petitioner subsequently filed a petition for postconviction relief alleging that he was afforded ineffective assistance of counsel because counsel did not explain to Petitioner that he was pleading guilty to a "knowing killing." In addition, Petitioner alleged that because he was afforded ineffective assistance of counsel, his plea was not entered knowingly, voluntarily, and intelligently. The post-conviction court held an evidentiary hearing on the issues. In a written order, the post-conviction court denied the petition. Petitioner appealed to this Court. After a thorough review of the record, we conclude that trial counsel and the trial court explained to Petitioner that he was pleading guilty to a knowing killing and that Petitioner understood that fact. Therefore, he was not afforded ineffective assistance of counsel and his plea was entered knowingly, voluntarily, and intelligently. We affirm the post-conviction court's denial of the petition.