Michael Lynn Walton v. State of Tennessee

Petitioner, Michael Lynn Walton, appeals the trial court's denial of relief under his post-conviction petition. Petitioner alleged he received ineffective assistance of counsel at trial based on counsel’s failure (1) to adequately advise Petitioner of the consequences of proceeding to trial; (2) to adequately cross-examine the victim; (3) to require the State to elect which offenses it was relying upon to support Petitioner’s convictions; and (4) to appeal the State’s failure to make an election.  Based upon a thorough review of the record, we affirm the judgment of the post-conviction court denying Petitioner’s claim for relief based on counsel’s failure to adequately advise Petitioner about the potential consequences resulting from two rape convictions and failure to specifically address the victim’s inconsistent statements at the second trial. However, we disagree with the post-conviction court’s finding that counsel’s failure to require an election of offenses was not deficient conduct and that Petitioner was not prejudiced by such conduct. Accordingly, the judgment is reversed, Petitioner is granted post-conviction relief, and the case is remanded to the trial court for retrial on the two counts of rape.