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Parliment v. State

Court of Criminal Appeals of Tennessee, Nashville

May 5, 2017

JUSTIN PARLIMENT
v.
STATE OF TENNESSEE

          Assigned on Briefs March 14, 2017

         Appeal from the Circuit Court for Hickman County No. 13-CV-57 James G. Martin, III, Judge

         The Petitioner, Justin Parliment, was convicted of possession of a controlled substance in a penal institution and sentenced to eight years to be served consecutively to a previously-imposed twenty-three-year sentence for second degree murder. The Petitioner filed a petition for post-conviction relief alleging that he received the ineffective assistance of counsel, and the post-conviction court denied the petition. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed

          Jonathan W. Turner, Thompson's Station, Tennessee, for the appellant, Justin Parliment.

          Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Kim R. Helper, District Attorney General; and Sean Duddy, Assistant District Attorney General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which Robert W. Wedemeyer and Camille R. McMullen, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         On direct appeal, this court summarized the underlying facts as follows:

A Hickman County Circuit Court jury convicted the defendant of possession of a controlled substance in a penal institution based upon proof that he possessed 78 grams of marijuana inside Turney Center Industrial Prison on April 12, 2009.
At trial, corrections officer Heather Scott testified that she was in the control room monitoring a live feed from cameras located in the secured visiting area of the prison on April 12, 2009. She said that she paid particular attention to the defendant and his female visitor because "[i]t was about 40 degrees outside. They were the only people that went outside." As she watched the couple, the female visitor left the table and went into the restroom. Officer Scott described what happened when the woman returned from the restroom: "She returned to the table and she pulled her britches out and reached in her pants and passed on something beside of her. She laid it on the chair beside of her. And Mr. Parliment reached over and got it and put it in his pants." After viewing this exchange, Ms. Scott called Corporal Jason Clendenion "to take care of it." She said that Corporal Clendenion "called the people he needed to call and went out there" and that, once outside, the officers "took [the defendant] into custody and [were] going to take him and search him."
During cross-examination, Ms. Scott admitted that she did not actually see the object that was passed between the defendant and his visitor. During redirect examination, however, she maintained that she observed the visitor reach into her waistband, remove an object, and place the object on the chair before ...

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