Samuel Winkfield v. State of Tennessee

The petitioner, Samuel Winkfield, was indicted for first degree (premeditated) murder, first degree (felony) murder, especially aggravated kidnapping, tampering with evidence, and conspiracy to tamper with evidence. During his July 2007 trial, the petitioner was acquitted of the felony murder and conspiracy to tamper with evidence charges. Because the jury was unable to reach a decision regarding the remaining charges, he was retried in January 2008 and convicted of second degree murder, a Class A felony, and tampering with evidence, a Class C felony. The jury was again unable to reach a decision on the kidnapping charge, and this charge was eventually dismissed. On the direct appeal of his convictions, the petitioner challenged the admission into evidence of his testimony from the first trial, the exclusion from evidence of the MySpace page of the State’s chief witness, the sufficiency of the evidence, and his sentence. His convictions and sentences were affirmed. The petitioner then filed a timely post-conviction petition, asserting ineffective assistance of counsel. The petitioner asserted his trial counsel’s performance was deficient in failing to investigate and produce witnesses; in failing to obtain expert testimony; in failing to adequately cross-examine witnesses; and in failing to explore alternative defense strategies. After a hearing, the post-conviction court denied the petition, and the petitioner appeals. Having reviewed the record, we discern no error and affirm the judgment of the post-conviction court.