State of Tennessee v. Brian Howard

Memphis, Tennessee, criminal defense lawyer represented the Defendant charged with second degree murder, attempted second degree murder, felony possession of a firearm, and employing a firearm during the commission of a felony.

After a domestic dispute turned deadly, a Shelby County Grand Jury indicted
Petitioner on one count each of (1) second degree murder, (2) attempted second degree murder, (2) felon in possession of a firearm, and (4) employing a firearm during the commission of a dangerous felony—to wit, attempted second degree murder. The Grand Jury also indicted a co-defendant, Quentin Brown, for his role in the shooting, which involved Brown delivering a firearm to Petitioner just moments before the shooting occurred. The two men were tried together. After a jury trial, Petitioner was convicted of (1) voluntary manslaughter, as a lesser included offense of second degree murder; (2) attempted voluntary manslaughter, as a lesser included offense of attempted second degree murder; (3) felon in possession of a firearm; and (4) employing a firearm during the commission of a dangerous felony—to wit, attempted voluntary manslaughter. The trial court imposed an effective sentence of sixty-seven years in confinement, to be served consecutively with a fifteen-year federal sentence that Petitioner was already serving. This
court later affirmed his convictions on direct appeal. See State v. Howard, No. W2020-00207-CCA-R3-CD, 2021 WL 144235, at *3-6 (Tenn. Crim. App. Jan. 15, 2021), perm. app. denied (Tenn. May 14, 2021).1

The Defendant was found guilty.

On appeal, the Defendant claimed ineffective assistance of trail counsel.