Assigned on Briefs at Knoxville May 17, 2017
from the Criminal Court for Shelby County No. 09-05640 Lee V.
Shelby County jury convicted the Petitioner, Demetrius
Hollins, of attempted second degree murder and especially
aggravated robbery, and the trial court sentenced him to an
effective sentence of sixty years of incarceration. This
Court affirmed the Petitioner's convictions and sentence
on appeal. State v. Demetrius Hollins, No.
W2012-02001-CCA-R3-CD, 2013 WL 6199463, at *1 (Tenn. Crim.
App., at Jackson, Nov. 25, 2013), perm. app. denied
(Tenn. May 15, 2014). The Petitioner filed a petition for
post-conviction relief alleging that he received the
ineffective assistance of counsel based upon his trial
counsel's failure to subpoena several alibi witnesses.
After a hearing, the post-conviction court denied the
Petitioner relief, and we affirm the post-conviction
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
A. Timmerman, Memphis, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Stacy M. McEndree, Assistant
District Attorney General, for the appellee, State of
W. Wedemeyer, J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and John Everett Williams, J.,
W. WEDEMEYER, JUDGE.
case arises from a 2008 robbery and shooting in a
McDonald's parking lot. For these offenses, a Shelby
County grand jury indicted the Petitioner for attempted first
degree murder and especially aggravated robbery. A Shelby
County jury convicted the Petitioner of the lesser-included
offense attempted second degree murder and especially
aggravated robbery. The Petitioner appealed his convictions
to this Court, and we summarized the facts presented at trial
At trial, Truman Greer testified that, on August 29, 2008, he
stopped at a McDonald's restaurant on the way home from
work with his co-workers, Calvin Walker and "Little
Joe." Mr. Greer parked in the McDonald's parking
lot, and his co-workers walked toward the restaurant. Mr.
Greer remained in his car, and he decided to count the money
he had received earlier from cashing his paycheck. While he
was counting his money, he noticed a black man wearing a blue
bandana to the left of his periphery; the bandana was
covering the man's nose and mouth. Mr. Greer "just
froze" when he saw the man, out of concern that the man
would notice the cash he was holding. The man approached the
car parked directly to the left of Mr. Greer's vehicle.
Mr. Greer heard the man say something to the effect of,
"Give me your money, sucker, " followed by the
"bang" of a gunshot, at which point Mr. Greer saw
the victim slump over in the driver's seat of his
vehicle. The gunman reached inside the victim's vehicle
and took something from the victim's person. Mr. Greer
watched the shooter run across the street and out of his line
of vision. Mr. Greer ran inside the McDonald's to get
assistance for the victim.
On cross-examination, Mr. Greer acknowledged that, in the
statement he gave to the police on the evening of August 29,
2008, he described the gunman as either five feet, four
inches or five feet, five inches tall and estimated his age
to be between 19 and 20. Mr. Greer explained, however, that
he was merely guessing, due to his very brief observation of
Calvin Walker testified that, when Mr. Greer parked his
vehicle in the McDonald's parking lot, he and Joseph
Brown, or "Little Joe, " got out of the car, and as
they began walking toward the restaurant, a white Lincoln
Town Car with three men inside nearly ran over them. The two
gentlemen continued toward the restaurant. Mr. Walker opened
the door for Mr. Brown, and before Mr. Walker could step
inside, he heard a gunshot. Mr. Walker later gave a
description of the three men to law enforcement officers,
describing two of the men as having "braids and tweeds
in their head" and stating that the other man was bald.
Mr. Walker testified that one of the men "was
young" but the other two men appeared to be in their
mid-30s. Mr. Walker also recalled that the Lincoln had a
"[b]lue or red rag top on it." After he heard the
gunshot, Mr. Walker saw a man running away from the
McDonald's. The man he saw fleeing from the scene had
"little tweeds or braids in his head" and was
wearing a white t-shirt and blue shorts. Mr. Walker did not
notice a bandana. Mr. Walker told Mr. Brown to get help for
the victim, and Mr. Walker took off his shirt and wrapped it
around the head of the victim in an attempt to stop the
bleeding from the gunshot wound.
Mr. Walker testified that the victim was
"hysterical." Mr. Walker asked the victim if he
knew the man who had shot him, and the victim told Mr. Walker
that "he knew who had did it to him" although he
did not give Mr. Walker a name. Mr. Walker observed that the
victim had been shot in the head, and he stated that
"blood was everywhere." Emergency medical personnel
arrived five to 10 minutes later. Mr. Walker testified that
he told law enforcement officers at the scene that the victim
knew who had shot him. Mr. Walker also informed law
enforcement officers that he was only able to see the side of
the gunman's face as he was fleeing from the scene. Mr.
Walker was never shown a photographic lineup. At trial, Mr.
Walker positively identified the [Petitioner] as the man he
saw running from the crime scene on August 29.
On cross-examination, Mr. Walker denied telling law
enforcement officers on the evening of August 29 that the
victim did not know who shot him. When defense counsel
provided Mr. Walker with a copy of his signed statement, Mr.
Walker denied that the signature on the document was his. Mr.
Walker also denied telling the [Petitioner's] private
investigator that the victim did not know who had shot him.
Joseph Brown testified that he accompanied Mr. Greer and Mr.
Walker to a McDonald's restaurant on August 29 at the end
of the work day. Mr. Brown went inside the restaurant to
place his order, and while he was in inside, he heard a
gunshot. Mr. Brown waited inside the restaurant for "a
minute" before walking outside. When he walked outside,
he saw the victim "slumped over in the car" with
"a whole lot of folks trying to help him." Mr.
Brown never spoke with anyone about the crime because he
"didn't see nothing."
The victim, Willie Edwards, testified that he stopped at the
McDonald's restaurant on August 29 before reporting for
his shift at a Krystal restaurant. After ordering his food
inside the restaurant, he returned to his vehicle in the
parking lot. He opened his car door, placed his bag of food
on the passenger seat, and sat down in the driver's seat,
but before he was able to close the driver's door, a man
approached him and demanded that Mr. Edwards "give [him]
something." When making this demand, the gunman lifted
the hem of his shirt to reveal a small, black revolver. Mr.
Edwards took the gunman's demand to mean that he wanted
money, and Mr. Edwards replied that he had nothing to give
the man. Mr. Edwards admitted at trial that he actually had
$350 in cash in the right front pocket of his shorts. After
indicating to the gunman that he had no cash, Mr. Edwards
next remembered waking up on the passenger side of his
vehicle, holding the left side of his head behind his ear. He
was covered in blood and was in pain. Mr. Edwards recalled a
man at his side, instructing him to stay still and applying
pressure to his head wound. Mr. Edwards testified that he had
never seen that man before and that he had not seen him since
the shooting until he arrived at court to testify. Mr.
Edwards did not recall speaking to any law enforcement
officers at the scene of the shooting.
Mr. Edwards described the gunman as a dark-skinned male with
short braids in his hair. Mr. Edwards did not recall anything
covering the gunman's face. He testified that he had seen
the gunman before because the gunman "used to stay in
the same apartments that [Mr. Edwards'] sister used to
stay in" and where Mr. Edwards formerly resided when he
was a teenager. Mr. Edwards stated that he had seen the
gunman around the Tulane apartment complex nearly every day
"[f]or about six months to a year." Mr. Edwards
stated that the gunman's apartment was "one door
down" from Mr. Edwards' sister's apartment. At
the time of the shooting, Mr. Edwards had not seen the gunman
in five to six years.
Mr. Edwards testified that he recalled arriving at the
hospital in the ambulance but that he remembered nothing
after that point until he awoke in the hospital with staples
on the left side of his head and a large scar behind his ear.
He stated that he has lost all hearing in his left ear. Mr.
Edwards testified that a law enforcement officer spoke with
him after he awoke from surgery on August 30, and Mr. Edwards
informed the officer that he knew who had shot him,
identifying the gunman by his nickname, "Main." Mr.
Edwards provided the officer with identifying information
about the gunman, including the name of the gunman's
girlfriend and the address of the apartment where the gunman
formerly resided. Mr. Edwards testified that, after providing
the officer with this information, the officer returned later
that same day with a photographic lineup, from which Mr.
Edwards immediately identified the [Petitioner] as the man
who shot him. Mr. Edwards stated that he did not realize the
defendant had stolen his $350 until he was released from the
On cross-examination, Mr. Edwards acknowledged that, when he
was residing at the Tulane apartments, he did not know the
[Petitioner] but that rather he was someone Mr. Edwards would
see in passing. He agreed that he had no disagreements or
altercations with the [Petitioner] while living at the Tulane
apartments. Mr. Edwards testified that he did not recall
anything he might have said to Mr. Walker at the scene of the
shooting before emergency ...