Jack Layne Benson vs. State

The petitioner, Jack Layne Benson, appeals the trial court's dismissal of his petition for post-conviction relief. Convicted in 1996 of first degree felony murder and especially aggravated robbery, and sentenced to consecutive terms of life and 24 years, the petitioner contended that he was entitled to post-conviction relief on the grounds that he was denied the effective assistance of counsel at trial and on direct appeal. In this appeal, the petitioner argues that trial counsel was ineffective for failing to adequately communicate, for failing to adequately investigate, and for failing to obtain a transcript of the preliminary hearing. The petitioner argues that his appellate counsel was ineffective for failing to present additional issues on direct appeal. Because the petitioner has been unable to establish both deficiency in the performance of his counsel and prejudice in consequence thereof, the judgment of the trial court is affirmed.