Tarver v. State

Johnny Tarver appeals from the summary denial of his motion for posteonviction relief. Tarver raised two claims in his motion, both of which warrant relief. Therefore, we reverse and remand for action consistent with this opinion.

First, Tarver claimed his trial attorney was ineffective for refusing his request to testify in his own behalf at trial. Since the order denying relief is unaccompanied by any supporting documentation, we are unable to determine whether relief was properly denied on this point. On remand, unless the case files and records conclusively show Tar-ver is not entitled to…