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Carney v. State

Court of Criminal Appeals of Tennessee, Nashville

July 3, 2017

JERRY D. CARNEY
v.
STATE OF TENNESSEE

          Assigned on Briefs March 14, 2017

         Appeal from the Criminal Court for Davidson County No. 97-D-2821 Cheryl A. Blackburn, Judge

         In 1998, a Davidson County jury convicted the Petitioner, Jerry D. Carney, of first degree premeditated murder. On direct appeal, this Court affirmed the Petitioner's convictions. See State v. Jerry D. Carney, No. M1999-01139-CCA-R3-CD, 2000 WL 1335770, at *1 (Tenn. Crim. App., at Nashville, Sept. 15, 2000), perm. app. denied (Tenn. April 24, 2001). On December 19, 2014, the Petitioner filed his fourth petition for a writ of error coram nobis and in it alleged newly discovered evidence. The trial court issued an order on April 22, 2014, dismissing the petition as time-barred and meritless. We affirm the trial court's judgment.

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

          Jerry D. Carney, Only, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Katherine C. Redding, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Megan M. King, Assistant District Attorney General, for the appellee, State of Tennessee.

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

          OPINION

          ROBERT W. WEDEMEYER, JUDGE

         A Davidson County jury convicted the Petitioner of first degree premeditated murder after evidence at trial showed that the Petitioner, on August 13, 1997, shot the victim, Craig Cartwright, six times. This court summarized the underlying facts and procedural history in our last opinion addressing the Petitioner's third petition for a writ of error coram nobis.

         Our direct appeal opinion provides the following summary of the proof presented at trial:

On the night of August 13, 1997, the [Petitioner], Jerry Carney, was "riding around" Nashville and drinking beer with his friends Eric Bradshaw, Mike Shane, Jimmy Womack, and Melia Gribble. Erin Harris, another friend, paged the [Petitioner] and requested that he pick her up at 716 Virginia Avenue. On the way to Virginia Avenue, Bradshaw remarked that he believed that someone who had a problem with his brother, someone named "Shane" or "Shawn, " lived at that address.
Upon arriving at the residence, the four males exited the car and began urinating in the front yard. Bill Massey and [the victim] walked out of the residence to investigate. The [Petitioner] began asking several people, "Who is Shane?" [The victim] responded that he was Shane. Upon hearing [the victim] identify himself as Shane, the [Petitioner] quickly walked back to the vehicle and sat in the back seat behind the driver.
Massey approached the car on the driver's side and noticed a gun on the seat near the [Petitioner]. Massey asked if the [Petitioner] had a problem. The [Petitioner] replied that there was no problem. Massey then requested one of the beers that was located in the back seat. The [Petitioner] handed Massey a beer. As soon as Massey touched the beer, the [Petitioner] grasped the gun with both hands. Massey threw down the beer and grabbed the [Petitioner], hoping to disarm him. [The victim] had moved to the passenger side of the car. Although Massey was in direct contact with the [Petitioner], the [Petitioner] never looked at Massey. Instead, the [Petitioner] pulled the slide of the gun back twice and fired six shots into [the victim] who was standing near the open passenger door.
The [Petitioner], Bradshaw, Shane, Womack, Gribble, and Harris sped away in the car to Bradshaw's house. The [Petitioner] took a shirt and wiped the car, inside and out, in order to destroy evidence. He also removed a decal from the back glass of the car and tried to remove all of the spent shell casings from the car. The [Petitioner] entered Bradshaw's house, removed his bloody clothes, and soaked them in water in the bathtub. He then went to sleep and slept until the next day when he was picked up by the police for questioning.
The [Petitioner] testified that he shot [the victim] in self-defense. The [Petitioner] stated that he was afraid of Massey and [the victim] because they were much larger than he. The [Petitioner] claimed that Massey had grabbed the [Petitioner] by the shirt collar prior to the [Petitioner's] retreat to the car. The [Petitioner] alleged that he ...

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