Autrey v. State

SELBY, Justice.

John Autrey, Jr. was convicted of murder and sentenced to a term of fifty-five (55) years.1 The only issue raised on appeal is whether defendant’s right to effective assistance of counsel under the Sixth Amendment of the United States Constitution was violated when trial counsel failed to tender instructions on the lesser included offenses of murder. We conclude that this failure was an intentional and permissible tactical decision by trial counsel and does not constitute ineffective assistance of counsel. We affirm the trial court.

FACTUAL BACKGROUND

The events at issue in this…