In this post-conviction appeal, we must determine whether Petitioner Henry Zillon Felts was denied the effective assistance of counsel at his trial for aggravated burglary and attempted first degree murder. The post-conviction court vacated Petitioner’s convictions after concluding that trial counsel’s representation was ineffective because he: (1) pursued self-defense exclusively, rather than pursuing self-defense along with the alternative strategy of convincing the jury to convict Petitioner of the lesser-included offense of attempted voluntary manslaughter, and (2) failed to keep a promise to the jury made during opening statements that Petitioner would testify at trial. The Court of Criminal Appeals affirmed. We granted the State’s application for permission to appeal. We hold that the courts below erred by concluding that trial counsel performed deficiently. Accordingly, we reverse the judgment of the Court of Criminal Appeals and remand this case for reinstatement of Petitioner’s convictions.
Case Number
M2009-00639-SC-R11-PC
Originating Judge
Judge Dee David Gay
Case Name
Henry Zillon Felts v. State of Tennessee
Date Filed
Dissent or Concur
No
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