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Patterson v. State9/10/1999
l were ineffective in failing to call him to explain the meaning of a "jungle war certificate" he obtained in the military and to testify that he received an honorable discharge from the army as well as various letters of merit and commendation. However, Petitioner has failed to specifically identify any prejudice that resulted from the failure of his counsel to call him to testify. In addition, it appears from Barrett's testimony during the post-conviction hearing that the decision of Petitioner's counsel not to introduce any evidence was based on their strategy of attempting to show that Petitioner only played a minor role in the events that occurred at the Smith residence. We are not free to second guess counsels' tactical decision. See Hellard, 629 S.W.2d at 9.
In short, Petitioner has failed to show that, without the alleged deficiencies of counsel in their investigation of the case or the manner in which they conducted the trial, there is a reasonable probability that the result of the proceedings in this case would have been different. Thus, we conclude that Petitioner has failed to demonstrate prejudice. This issue has no merit.
IV. CONCLUSION
In Conclusion, Petitioner has failed to show that the post-conviction court erred when it dismissed his petition for post-conviction relief. As to his claims regarding ineffective assistance of counsel, Petitioner has either failed to show that his counsel were deficient or that there is a reasonable probability that the result of the proceedings would have been different without the alleged deficiencies. As to his other claims, they are not cognizable in a post-conviction proceeding because this Court previously determined on direct appeal that the issues have no merit. Accordingly, the judgment of the post-conviction court is AFFIRMED.
JERRY L. SMITH, JUDGE
CONCUR:
THOMAS T. WOODALL, JUDGE
NORMA MCGEE OGLE, JUDGE
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