guilty plea hearing in Tennessee

2025As such, we rely on the archived appellate record to assist in the resolution of these proceedings. 2 We note that the guilty plea transcript is not included in the record on appeal or the archived appellate record. “[A] transcript of the guilty plea hearing is often (if not always) needed in order to conduct a proper review of the sentence imposed.” State v. Keen, 996 S.W.2d 842, 844 (Tenn. Crim.

2025OPINION Initially, we note that the guilty plea transcript hearing is not included in the record on appeal. “[A] transcript of the guilty plea hearing is often (if not always) needed in order to conduct a proper review of the sentence imposed.” State v. Keen, 996 S.W.2d 842 , 843- 44 (Tenn. Crim.

2026The post-conviction court stated, “[t]he transcript of the plea acceptance hearing supports the conclusion that Petitioner fully understood the consequences of his plea, and nothing in that transcript suggests Petitioner had any problem with his attorney’s performance.” See Blackledge v. Allison, 431 U.S. 63, 74 , 97 S.Ct. 1621 , 52 L.Ed.2d 136 (1977) (A petitioner’s testimony at a guilty plea hearing “constitute[s] a formidable barrier” in any subsequent collateral proceeding because “[s]olemn declarations in open court carry a strong presumption of verity.”).

2026The post-conviction court stated, “[t]he transcript of the plea acceptance hearing supports the conclusion that Petitioner fully understood the consequences of his plea, and nothing in that transcript suggests Petitioner had any problem with his attorney’s performance.” See Blackledge v. Allison, 431 U.S. 63, 74 , 97 S.Ct. 1621 , 52 L.Ed.2d 136 (1977) (A petitioner’s testimony at a guilty plea hearing “constitute[s] a formidable barrier” in any subsequent collateral proceeding because “[s]olemn declarations in open court carry a strong presumption of verity.”).

2025Likewise, Petitioner is not entitled to relief regarding her 3 We recognize our supreme court’s holding in State v. Caudle, 388 S.W.3d 273, 279 (Tenn. 2012), that, when a guilty plea hearing transcript is absent, appellate courts must determine on a case-by-case basis whether the record permits meaningful review under State v. Bise, 380 S.W.3d 682 (Tenn.2012). -9- ineffective assistance of counsel claims.

2025When the record does not include a transcript of the guilty plea hearing, this court should determine “on a case-by-case basis whether the record is sufficient for a meaningful review under the standard adopted in Bise.” Caudle, 388 S.W.3d at 279 (Tenn. 2012).

2025The guilty plea hearing transcript is not included in the record.1 1 See T.R.A.P. 24(b); see also State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983) (The Defendant has the burden of preparing a fair, accurate, and complete account of what transpired in the trial court relative to the issues raised on appeal, which includes the obligation to have a transcript of the guilty plea hearing prepared); State v. Stack, 682 S.W.3d 866 , 876 (Tenn. Crim.

2025In the present case, the parties and the trial court did not dispute Ms. Meness’s previous testimony in the general sessions court. 2 See T.R.A.P. 24(b); see also State v. Bunch, 646 S.W.2d 158, 160 (Tenn. 1983) (The Defendant has the burden of preparing a fair, accurate, and complete account of what transpired in the trial court relative to the issues raised on appeal, which includes the obligation to have a transcript of the guilty plea hearing prepared); State v. Stack, 682 S.W.3d 866 , 876 (Tenn. Crim.

2012The “‘failure to include the transcript of the guilty plea hearing in the record prohibits the court’s conducting a full de novo review of the sentence under [Tennessee Code Annotated section] 40-35-210(b).’” State v. Farmer, 239 S.W.3d 752, 756 (Tenn. Crim.

2011The “‘failure to include the transcript of the guilty plea hearing in the record prohibits the court’s conducting a full de novo review of the sentence under [Tennessee Code Annotated section] 40-35-210(b).’” State v. Farmer, 239 S.W.3d 752, 756 (Tenn. Crim.

2006Powers v. State, 942 S.W.2d 551, 556 (Tenn. 1996) (quoting Blankenship v. State, 858 S.W.2d 897, 904 (Tenn. 1993)). 3 W e also note that the District Attorney specifically stated at the guilty plea hearing on M ay 25, 2004, “[The police] advised Mr. Tomlin as to the reason they were present and if he had any drugs or of any drug activity.

2006Blankenship, 858 S.W.2d at 904 (citations omitted). -4- We note that the petitioner has failed to include a transcript of the guilty plea hearing or a copy of the guilty plea form in the record on appeal.

2013Id.

2011See State v. Oody, 823 S.W.2d 554 (Tenn. Crim.

2017When determining the knowing and voluntary nature of a guilty plea, the standard is “whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.” Alford, 400 U.S. at 31 (1970).

2017When determining the knowing and voluntary nature of a guilty plea, the standard is “whether the plea represents a voluntary and intelligent choice among the alternative courses of action open to the defendant.” Alford, 400 U.S. at 31 .

2022Initially, in State v. Ward, 315 S.W.3d 461, 464 (Tenn. 2010), our supreme court addressed a trial court’s failure to advise a defendant during a guilty plea hearing of the consequences of lifetime community supervision.

2013In support of his claims, the petitioner cites State v. Ward, 315 S.W.3d 461, 464 (Tenn. 2010), in which our supreme court examined the effect of a trial court’s failure to advise a defendant during a guilty plea hearing of the consequences of being subject to community supervision for life.

2011Keith Lemont Farmer, slip op. at 5; see also State v. Robinson, 139 S.W.3d 661, 664-65 (Tenn. Crim.

2011In Farmer, despite noting that ‘‘[w]ithout the guilty plea hearing, [the appellate court did] not have at [its] disposal all of the facts considered by the trial court,” Farmer, 239 S.W.3d at 756 , the court determined that “the limited record before [it] supports the trial court’s denial of alternative sentencing,” id., which was based upon Farmer’s extensive criminal record, id.; see State v. Robinson, 139 S.W.3d 661, 664-65 (Tenn. Crim.

2025SWORD, JUDGE 3 See State v. Caudle, 388 S.W.3d 273, 279 (Tenn. 2012) (when a guilty plea hearing transcript is absent, appellate courts must determine on a case-by-case basis whether the record permits meaningful review under State v. Bise, 380 S.W.3d 682 (Tenn.2012)).

2025Likewise, Petitioner is not entitled to relief regarding her 3 We recognize our supreme court’s holding in State v. Caudle, 388 S.W.3d 273, 279 (Tenn. 2012), that, when a guilty plea hearing transcript is absent, appellate courts must determine on a case-by-case basis whether the record permits meaningful review under State v. Bise, 380 S.W.3d 682 (Tenn.2012). -9- ineffective assistance of counsel claims.

2009Johnson, 834 S.W.2d 922, 926 (Tenn. 1992).

1992Also, if all the proof presented at the post-conviction hearing, including the transcript of the guilty plea hearing, shows that the petitioner was aware of his constitutional rights, he is not entitled to relief. 834 S.W.2d at 926 .

2021In Frazier, the supreme court reversed its decision in Wlodarz v. State, 361 S.W.3d 490, 503-04 (Tenn. 2012), which held that a petitioner who had entered a guilty plea could challenge his convictions through a writ of error coram nobis.

2015Id. at 504 .

2017See T.C.A. §§ 40-35-102, -103, - 210; Ashby, 823 S.W.2d at 168 ; Moss, 727 S.W.2d at 236 .

2002Ashby, 823 S.W.2d at 169 . 1 The statement of facts as set forth in the pre-sentence report are utilized because no factual basis for the plea was presented at the guilty plea hearing.

2019A petitioner has the burden to provide an adequate record for his habeas corpus claim, and “[i]n the case of an illegal sentence claim based on facts not apparent from the face of the judgment, an adequate record for summary review must include pertinent documents to support those factual assertions.” Summers, 212 S.W.3d at 261 ; see T.R.A.P. 13(e) (stating the facts that may be considered on appeal).

2017See also Summers I, 212 S.W.3d at 262 ("The State bears no burden of showing that the record of the proceedings upon which the judgment was rendered reveals that [the petitioner's] factual assertions are false.

2014See Goad, 938 S.W.2d at 370 (citing Strickland, 466 U.S. at 697 ).

2010This court also found that “the transcript of the guilty plea hearing reflects that his plea was knowingly and voluntarily entered.” Id., slip op. at 9.

2026It is the Petitioner’s duty to prepare a complete and adequate record, State v. Ballard, 855 S.W.2d 557, 560 (Tenn.1993), which includes the duty to “have prepared a transcript of such part of the evidence or proceedings as is necessary to convey a fair, accurate and complete account of what transpired with respect to those issues that are the bases of appeal.” Tenn. R.

2012T.R.A.P. 24(b); State v. Ballard, 855 S.W.2d 557, 560 (Tenn. 1993).

2020Additionally, “the burden is on [the] defendant to see that these prerequisites are in the final order . . . .” Preston, 759 S.W.2d at 650 (emphasis added).

2016Additionally, “the burden is on [the] defendant to see that these prerequisites are in the final order . . . .” Preston, 759 S.W.2d at 650 (emphasis added).

2019See Cantrell v. Easterling, 346 S.W.3d 445 , 449 n.2 (Tenn. 2011). -3- Filed with the petition for habeas corpus relief (in which Petitioner is represented by counsel) are the following documents: (1) Petitioner’s affidavit; (2) The undated amended judgment which is the subject of this appeal; (3) Tennessee Department of Correction letter of discharge upon completion of Petitioner’s sentence; (4) The original judgment entered on March 23, 2000; (5) Judgments entered June 30, 2000, and November 14, 2001, pertaining to revocations of probation; (6) The petition to enter a plea of guilty to the o

2013App. R. 20. 2 The Petitioner failed to include a copy of the transcript of the guilty plea hearing or the judgments for each of his convictions resulting from his guilty pleas. -2- Analysis “Whether to grant relief upon review of the denial of a petition for a writ of habeas corpus is a question of law.” Cantrell v. Easterling, 346 S.W.3d 445, 448 (Tenn. 2011) (citing Hart v. State, 21 S.W.3d 901, 903 (Tenn. 2000)).

2017“Generally, this [C]ourt is precluded from addressing an issue on appeal when the record fails to include relevant documents.” State v. Robinson, 73 S.W.3d 136, 154 (Tenn. Crim.

2007State v. Robinson, 73 S.W.3d 136, 154 (Tenn. Crim.

2014The facts are taken from the post-conviction court’s order of dismissal. 2 for counsel’s errors, he would not have pleaded guilty but would have insisted upon going to trial.” Hicks v. State, 983 S.W.2d 240, 246 (Tenn. Crim.

2008Hicks v. State, 983 S.W.2d 240, 246 (Tenn. Crim.

2011See State v. -5- Bennett, 798 S.W.2d 783, 789 (Tenn. Crim.

2008See State v. Bennett, 798 S.W.2d 783, 789 (Tenn. Crim.

2020App. Aug. 15, 1997), and noted that “[a]llegations of constitutional violations, such as ineffective assistance of counsel or an involuntary guilty plea, may be appropriately addressed pursuant to a timely motion to withdraw a guilty plea because a violation of a constitutional right creates a manifest injustice as a matter of law.” Patrick Bumpus, 2019 WL 1896562 , at *2 (citing Crowe, 168 S.W.3d at 742-42 ); see also State v. Gregory Darnell Valentine, No. M2010-02356-CCA-R3-CD, 2012 WL 3263117 , at *2 (Tenn. Crim.

2012However, “a defendant’s change of heart about pleading guilty or a defendant’s dissatisfaction with the punishment ultimately imposed does not constitute manifest injustice warranting withdrawal.” Crowe, 168 S.W.3d at 743 . -4- The record reflects that at the guilty plea hearing, the trial court advised the petitioner that he would receive a sentence between twelve and fifteen years and that the court would determine the manner of service of the sentence.

2010Neal, 810 S.W.2d at 137 .

2010As Neal states, “Where there is substantial compliance the root purpose of the prescribed litany has been served and the guilty plea passes due process scrutiny because it was made voluntarily and understandingly.” Id.

2020Id.

2019See Ward, 315 S.W.3d at 476 (concluding that CSL is a direct and punitive consequence of a guilty plea and that a trial court has an affirmative duty to inform a defendant of the sentence before accepting a guilty plea); see also State v. Nagele, 353 S.W.3d 112 (Tenn. 2011).

2018The court also referred to State v. Bonestel, 871 S.W.2d 163 (Tenn. Crim.

2001See State v. Herron, 767 S.W.2d 151, 156 (Tenn. 1989) (requiring a trial court to clearly state on the record its specific reasons for denying judicial diversion, in order to allow for meaningful appellate review); see also, State v. Hammersley, 650 S.W.2d 352, 355 (Tenn. 1983); State v. Bonestel, 871 S.W.2d 163,168 (Tenn. Crim.

2017See T.C.A. §§ 40-35-102, -103, - 210; Ashby, 823 S.W.2d at 168 ; Moss, 727 S.W.2d at 236 .

2005State v. Moss, 727 S.W.2d 229, 235 (Tenn. 1986). -2- The factual background of the offense was summarized at the guilty plea hearing as follows: Your Honor, this case began when Detective John Blessing with the Kingsport Police Department was called to the Sam’s Club located at Sam Walton Drive in the Blountville area here in Sullivan County, Kingsport, Blountville, regarding thefts from a vender within Sam’s.

2013App. R. 20. 2 The Petitioner failed to include a copy of the transcript of the guilty plea hearing or the judgments for each of his convictions resulting from his guilty pleas. -2- Analysis “Whether to grant relief upon review of the denial of a petition for a writ of habeas corpus is a question of law.” Cantrell v. Easterling, 346 S.W.3d 445, 448 (Tenn. 2011) (citing Hart v. State, 21 S.W.3d 901, 903 (Tenn. 2000)).

2003McLaney v. Bell, 59 S.W.3d 90, 92 (Tenn. 2001) (citing Hart v. State, 21 S.W.3d 901 , 1 The petitioner appears to quote this language from the transcript of the guilty plea hearing.