Kenneth M. Scott v. State Tennessee

The petitioner, Kenneth M. Scott, appeals as of right from the Shelby County Criminal Courts denial of post-conviction relief. The petitioner was convicted in 1991 of theft of a motor vehicle valued at more than ten thousand dollars and received a Range III, persistent offender sentence of thirteen years in the Department of Correction. The conviction and sentence were affirmed on appeal. State v. Kenneth Scott, 1992 Tenn. Crim. App. LEXIS 919, No. 02C01-9202-CR-00048, Shelby Co. (Tenn. Crim. App. Dec. 16, 1992), app. denied (Tenn. Mar. 22, 1993). In the present appeal, the petitioner contends that the trial court erred (1) by finding that he failed to show by a preponderance of the evidence that his trial attorney rendered ineffective assistance and (2) by having the petitioner removed from the proceeding after his testimony, but before his trial attorney testified as a witness for the state.