James D. Harris v. State Tennessee

This is an appeal by the State of Tennessee from a Court of Criminal Appeals judgment affirming an order of post-conviction relief for petitioner, James D. Harris. Relief was granted at the trial level upon a determination that defense counsel failed to timely communicate a plea offer to the petitioner. The trial court found that the defense attorneys inaction clearly amounted to ineffective assistance of counsel at the pre-trial stage of the criminal proceedings. After an evidentiary hearing the conviction was vacated and the post-conviction Judge ordered the State to enter into "reasonable settlement Discussions" with the petitioner and that the petitioner be given a new trial should no settlement be reached. The Court of Criminal Appeals affirmed the finding of ineffective assistance of counsel. However, the appeals court was unable to determine a jurisdictional consensus for an appropriate remedy "to meet the particular needs" of the case, and remanded the cause for further proceedings.