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Woods v. State2/18/2003
ng reported the alleged rapes to third parties, and that his deficiency can "only properly be viewed as a breakdown of the adversarial process in this case." However, we agree with the State that the petitioner failed to show how trial counsel's questioning of the victim's mother prejudiced the outcome of his trial. The State submits that, rather than prejudicing the petitioner, evidence that the victim waited over two years before informing anyone of the rapes "probably undermined the State's case, since this was ultimately an issue of credibility between [the victim] and her father." The record supports the determination of the post-conviction court that the petitioner failed to establish that he was prejudiced by trial counsel's handling of this matter.
F. Failure to Submit Written Request for Special Jury Instruction
Finally, the petitioner contends trial counsel was ineffective for failing to request in writing that the trial court instruct the jury that it could consider, in its determination of the victim's credibility, the fact that she had not immediately reported the rapes after they had occurred. Trial counsel raised the trial court's failure to give the requested instruction as an issue on direct appeal, where this court concluded the issue was waived because trial counsel did not file a written request for the instruction before the jury retired to deliberate, in accordance with Tennessee Rule of Criminal Procedure 30(a). Id. at *6. Because the petitioner did not show a reasonable probability that the outcome of his trial would have been different had the jury instruction been given, we conclude he is not entitled to post-conviction relief on this claim.
The petitioner cites United States v. Cronic, 466 U.S. 648, 659, 104 S. Ct. 2039, 80 L. Ed. 2d 657 (1984), and Brimmer v. State, 29 S.W.3d 497, 508 (Tenn. Crim. App. 1998), to argue that trial counsel's combined alleged deficiencies in performance resulted in an "actual breakdown of the adversarial process," Cronic, 466 U.S. at 657, 104 S. Ct. at 2046, thereby eliminating the need to show prejudice. The post-conviction court found, however, that trial counsel fully developed the issue of the credibility of the witnesses at trial, adequately investigated and prepared the case, did not know of Sheila Hudson's existence prior to trial, and that all other allegations of deficient performance were choices made by trial counsel as part of his trial strategy. The record supports these findings.
CONCLUSION
Having reviewed the entire record in this case, including pertinent portions of the direct appeal record, we conclude that the petitioner has failed to meet his burden of demonstrating that he was denied the effective assistance of counsel. Accordingly, we affirm the post-conviction court's denial of the petition for post-conviction relief.
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