Joseph D. Taylor v. State of Tennessee

Petitioner, Joseph Taylor, filed a petition for post-conviction relief which was subsequently amended. Following an evidentiary hearing, the trial court dismissed the petition. On appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel because he (1) failed to adequately meet with Petitioner prior to trial; (2) failed to interview and call certain witnesses to testify; (3) failed to request a jury instruction on assault as a lesser-included offense of attempted rape; and (4) failed to object to the classification of Petitioner as a career offender when the trial court sentenced Petitioner for attempted rape. Petitioner also alleges that his appellate counsel rendered ineffective assistance of counsel when he failed to appeal the classification of Petitioner as a career offender for purposes of sentencing. After a thorough review of the record, the judgment of the trial court is affirmed in part and reversed in part, and this case is remanded to the trial court for a new sentencing hearing in accordance with this opinion.