Tennessee Supreme Court
James D. Harris, Appellee v. State of Tennessee, Appellant
April 18, 19941994 Tenn. LEXIS 127
Summary
The Supreme Court affirmed the post-conviction courts' finding that Harris's trial counsel rendered ineffective assistance by failing to timely communicate the State's five-year plea offer, satisfying the two-part incompetence-and-prejudice standard notwithstanding the sentencing judge's retrospective assertion that he would have rejected the plea. It then fixed the remedy: the State must reinstate the original offer and negotiate in good faith, while the trial court retains sole discretion to accept or reject any plea agreement, because remedies must be tailored to the injury suffered and plea agreements are unenforceable until judicially accepted. Justice Daughtrey did not participate; no separate writings were issued.