State v. McKenzie

James McKenzie was convicted by a jury of murder in the first degree. On May 1, 1972, he filed a post-conviction petition raising the single contention that he did not knowingly elect to testify at his trial. He sought a new trial. A hearing was held on his petition on July 26, 1972. In his opinion, Judge Turnbull set forth that *596McKenzie’s trial counsel testified that he had no independent recollection of advising his client of his Fifth Amendment rights; that the defendant never objected to testifying; and that the defendant was willing to do so. Judge Turnbull further indicated that…