Kennath Henderson v. State of Tennessee

The petitioner, Kennath Henderson, appeals as of right from the May 21, 2003 judgment of the Fayette County Circuit Court denying his petition for post-conviction relief. The petitioner entered guilty pleas to first degree premeditated murder, two (2) counts of especially aggravated
kidnapping, aggravated robbery, attempted especially aggravated kidnapping, aggravated assault, and felonious escape. The petitioner waived his right to jury sentencing. After a capital sentencing hearing, the trial court imposed the death sentence for the murder count and an effective sentence of twenty-three (23) years in prison for the noncapital offenses. The petitioner’s convictions and sentences, including the sentence of death, were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Henderson, 24 S.W.3d 307 (Tenn. 2000), cert. denied, 531 U.S. 934 (2000). A pro se petition for post-conviction relief was filed on February 12, 2001, which was followed by an amended petition on November 30, 2001. An evidentiary hearing was held on April 28-29, 2003, and, on May 21, 2003, the trial court denied relief and dismissed the petition. The petitioner appeals, presenting for our review the following claims: (1) the trial judge erred in failing to recuse himself at both the trial and the post-conviction hearings; (2) the post-conviction court’s findings were clearly erroneous; (3) trial counsel was ineffective; (4) appellate counsel was ineffective; (5) the post-conviction court erred in prohibiting a witness from testifying; and (6) the imposition of the death penalty is unconstitutional. After a careful and laborious review of the record, this Court concludes that there is no error requiring reversal. Accordingly, the order of the post-conviction court denying post-conviction relief is affirmed.