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Daniel v. State9/23/2003
counsel to assist him with his post-conviction petition and proceeding, there is no statutory right to effective assistance of counsel. Id. As a result, Petitioner's claims are without merit.
Petitioner finally alleges that the post-conviction court based its judgment on erroneous facts. Essentially, Petitioner asks us to remand this matter so that he may relitigate his post-conviction claims. Post-conviction proceedings are governed by the Post-conviction Act of 1995. Tenn. Code Ann. § 40-30-201. The Act specifically permits the filing on only one post-conviction petition except for certain limited exceptions which are not applicable here. Id. -202. Petitioner was afforded the opportunity at a full and fair hearing to present his evidence and cross-examine witnesses, and he is bound by the action or inaction of his post-conviction counsel. See House, 911 S.W.2d at 714; Tenn. Code Ann. § 40-30-206(h). The allegation of Petitioner in this case that he should be granted a new post-conviction hearing because the post-conviction court based its judgment on erroneous facts is without merit.
CONCLUSION
After a careful review of the record in this matter, we affirm the judgment of the trial court.
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