BRIAN HOWARD v. STATE OF TENNESSEE - Articles

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BRIAN HOWARD v. STATE OF TENNESSEE

Posted by: Azya Thornton on Apr 2, 2026

Court: TN Court of Criminal Appeals

Attorneys 1: Terrell Tooten (at hearing and on appeal), Memphis, Tennessee, for the appellant, Brian Howard.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Benjamin L. Barker, Assistant Attorney General; Steven J. Mulroy, District Attorney General; and Monica Timmerman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILSON

Petitioner, Brian Howard, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in concluding that he received the effective assistance of trial counsel. He argues trial counsel was ineffective in two ways: first, by failing to sever Petitioner’s trial from that of his co-defendant, or alternatively, failing to introduce the co-defendant’s pretrial statement to police during their joint trial; and second, by failing to waive lesser included offense instructions. He also raises a standalone due process claim, arguing that criminal defendants should have a constitutional right to affirmatively waive lesser included charges contrary to Tennessee law. Following our review, we affirm the judgment of the post-conviction court.

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