Court of Criminal Appeals of Tennessee, Nashville
Session: April 18, 2017
from the Circuit Court for Maury County No. 20549 Robert L.
petitioner, Michael Goodrum, appeals the denial of
post-conviction relief from his 2012 Maury County Circuit
Court jury convictions of possession with intent to sell .5
grams or more of cocaine within 1, 000 feet of a park and
possession with intent to sell .5 grams or more of cocaine
within 1, 000 feet of a school, for which he received a
sentence of 15 years. In this appeal, the petitioner contends
that he was denied the effective assistance of counsel and
that the cumulative effect of his counsel's errors
prevented him from receiving a fair trial. Discerning no
error, we affirm.
R. App. P. 3; Judgment of the Circuit Court Affirmed
M. Schweri, Columbia, Tennessee, for the appellant, Michael
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Assistant Attorney General; Mike Bottoms, District
Attorney General; and Patrick Powell, Assistant District
Attorney General, for the appellee, State of Tennessee.
Curwood Witt, Jr., J., delivered the opinion of the court, in
which John Everett Williams and Camille R. McMullen, JJ.,
CURWOOD WITT, JR., JUDGE.
Maury County Grand Jury charged the petitioner with one count
each of possession with intent to sell .5 grams or more of
cocaine within 1, 000 feet of a park and possession with
intent to sell .5 grams or more of cocaine within a drug-free
school zone. The petitioner's first trial ended in a hung
jury, but the petitioner was convicted as charged in a second
trial in 2012. The trial court merged the alternative counts
and imposed the mandatory minimum 15-year sentence. This
court affirmed the convictions on direct appeal. See
State v. Michael Goodrum, No. M2012-02066-CCA-R3-CD
(Tenn. Crim. App., Nashville, March 20, 2014), perm. app.
denied (Tenn. Aug. 29, 2014).
evidence adduced at the petitioner's trial established
that members of the Columbia Police Department
("CPD") executed a search warrant at 504 East 9th
Street on the night of July 9, 2008, following a controlled
purchase of crack cocaine through a confidential informant.
Id., slip op. at 2. Both Raven Fleming and Gary
Fleming were initially named in the search warrant.
Id. Following the execution of the warrant, both
Robert Fitzgerald and the petitioner were added to the search
warrant. Id. CPD Officer Jason Dark described the
events that unfolded thusly:
Officer Dark said that when he and his team arrived at the
Flemings' residence to execute the search warrant,
Trammell Jennings, a known drug dealer, was in the front
yard. Jennings saw the police and fled from the scene on
foot. Due to this compromise, five or six officers quickly
entered the residence through the front door. Upon entry, the
officers identified themselves as police and told everyone
inside to get on the ground and show their hands. Officers
secured the scene and Sergeant Haywood advised the persons
inside of their Miranda rights. When Officer Dark
entered the residence, he saw the [petitioner] lying on the
living room floor "just beyond the front door." He
also saw Raven Fleming in the living room with the
[petitioner]. Ms. Fleming was lying on the floor in front of
the couch. A person named Gary Brown was in the area beyond
Ms. Fleming and the [petitioner]. Robert Fitzgerald, a known
drug dealer, was found in the kitchen.
Officer Dark testified that when he first saw the
[petitioner], Sergeant Haywood was securing him. Officer Dark
was preparing the residence for a search when Sergeant
Haywood called him over to the area of the [petitioner].
Officer Dark observed the [petitioner] on his side and a bag
of crack cocaine underneath the chest area where he had been
lying. Officer Dark said that Sergeant Haywood searched the
[petitioner] and did not find a crack pipe or anything else
for smoking crack cocaine. To Officer Dark's knowledge,
the [petitioner] did not have anything on his person such as
a weapon, scales, a cell phone, or substantial currency.
During the execution of the search, the police found a bag of
marijuana behind the couch, Xanax pills in Ms. Fleming's
bedroom closet, and ecstasy pills on the kitchen counter near
where Mr. Fitzgerald was secured. The police also found a
crack pipe on Mr. Brown's person, but no drugs. A total
of $291 was seized from Ms. Fleming. According to Officer
Dark, Ms. Fleming was subsequently charged with possession of
marijuana and the Xanax pills; Mr. Fitzgerald was charged
with possession of the ecstasy pills; Mr. Brown was charged
with possession of the crack pipe; and the [petitioner] was
charged in the case sub judice. Officer Dark testified that
the bag found beneath the [petitioner] was secured as
evidence and sent to the Tennessee Bureau of Investigation
(TBI) Crime Laboratory for testing. He said the TBI analysis
determined the substance to be crack cocaine in the amount of
1.7 grams. . . .
Id., slip op. at 2-3.
Dark testified that 504 East 9th Street "was located
within a 1, 000 feet radius of both Frierson-Johnson Park and
College Hill School." Id., slip op. at 4. After
using a computer program to assess the distance between the
residence and the park and school, Officer Dark personally
measured the distance between the relevant points using a
counter wheel with a tape measure and verified that the
computer measurements were accurate. Id.
Sergeant Jeremy Haywood testified that he was "the third
or fourth person to enter" the subject residence and
that he "encountered the [petitioner] in the living room
near the front door." Id.
The [petitioner] was in the process of getting to the floor
as ordered. Sergeant Haywood also observed Ms. Fleming make
her way from the couch to the floor. Until the scene was
secured, Sergeant Haywood remained in the living room and
monitored Ms. Fleming and the [petitioner] as ...