Stevie Gibson v. State of Tennessee

Petitioner, Stevie Gibson, appeals the denial of his petition for post-conviction relief, in which he challenged his Shelby County Criminal Court convictions for two counts of second degree murder and one count of aggravated robbery. On appeal, Petitioner argues that he was denied the effective assistance of counsel based on trial counsel’s failure to argue at trial that Petitioner could not form the requisite mens rea for the charges of first degree murder and aggravated robbery due to his voluntary intoxication at the time of the offense. Additionally, Petitioner asserts that he was denied a full and fair hearing due to the post-conviction judge’s refusal to recuse himself. After a thorough review of the facts and applicable law, we affirm.