Ronald P. Ellis v. State of Tennessee
Syllabus
Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of counsel after this Court affirmed his first degree murder conviction. State v. Ellis, No. W2017-01035-CCA-R3-CD, 2018 WL 4584124, at 1 (Tenn. Crim. App. Sept. 21, 2018). The post-conviction court denied relief. Petitioner appealed, arguing that trial counsel was ineffective for failing to include proof in the motion to suppress his statement to authorities about whether Petitioner was brought before a judge or magistrate before making his statement and whether Petitioner's cognitive abilities prevented him from adequately waiving his rights. Because the evidence does not preponderate against the post-conviction court's findings and conclusions, we affirm the judgment of the post-conviction court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that proper method for raising a defense of limitation is a motion under Rule 12(b) (6)
- noting “the importance of providing plaintiffs with the essential safeguards of summary judgment procedure whenever they face a motion to dismiss that turns on questions of fact”
- “Under either Rule 12(b)(1) or Rule 12(b)(6), a court need not consider matters outside the pleadings at all. But once it decides to consult such matters it should so inform the parties and set a schedule for submitting additional affidavits and documents if the parties wish.”
- Spotswood W. Robinson, III, C.J., concurring
Source: CourtListener parenthetical corpus (CC0).
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