Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs May 10, 2017
from the Criminal Court for Davidson County No. 2010-B-1016
Mark J. Fishburn, Judge
Petitioner, Michael Terrell McKissack, filed a petition for
post-conviction relief from his convictions of especially
aggravated robbery, aggravated robbery, and facilitation of
attempted carjacking. In the petition, the Petitioner argued
that his trial counsel was ineffective (1) by failing to call
two of his co-defendants to testify on his behalf; (2) by
failing to inform him that his third co-defendant would
testify against him; and (3) by failing to adduce proof
during the guilt phase regarding his lack of education and
mental health issues. The post-conviction court denied
relief, and the Petitioner appeals. Upon review, we affirm
the judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
C. Caldwell, Nashville, Tennessee, for the Appellant, Michael
Herbert H. Slatery III, Attorney General and Reporter;
Courtney N. Orr, Assistant Attorney General; Glenn R. Funk,
District Attorney General; and Brian Ewald, Assistant
District Attorney General, for the Appellee, State of
McGee Ogle, J., delivered the opinion of the court, in which
Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.
Petitioner was charged with especially aggravated robbery,
aggravated robbery, and attempted carjacking. On direct
appeal, this court summarized the proof adduced at the
Petitioner's trial as follows:
After joining a group of four young men intent on committing
a robbery, the [Petitioner] participated in robbing one
victim and then robbing and shooting another. The five men
were apprehended as they drove away from the crimes, and ski
masks such as those used in the robberies, along with
property stolen from the shooting victim, were found in the
car. . . .
Officer Hoadley testified that at 6:20 a.m. on January 20,
2010, he received a call regarding a robbery at Lincoya Bay
Apartments . . . [, and the] dispatch informed Officer
Hoadley that the suspects were driving a light blue or light
tan Honda Civic hatchback with tinted windows. . . .
. . . .
Officer Hoadley was about to turn into the entrance to the
apartments when he saw a vehicle generally matching the
description of the suspects' car. The vehicle was a
light-colored silver, two-door Honda with tinted windows.
Because his siren was already on, he shut the siren off and
honked his horn, and the car stopped at the intersection. He
could see two men up front and could tell there were
passengers in the back. He could tell the occupants were
black. He stopped his patrol car with the nose pointing to
the driver's side, and he walked behind the car to the
passenger's side as another officer approached the
driver. . . . At this point, he could see that there were
five black men in the car and that at least one had
dreadlocks. Officer Hoadley testified that he was receiving
dispatches contemporaneously with the stop and that at some
point, he was alerted there had been a second robbery and
shooting where the suspects were black men with dreadlocks
wearing dark clothing. The 911 recordings indicated that a
bystander from a bus stop had called regarding the shooting,
describing a black man dressed in white screaming and running
from a black man wearing black and with a gun. The bystander
heard a gunshot after escaping to his home. The second
victim's girlfriend also described the shooting, telling
the 911 operator that two very young-looking black men
wearing black had shot her boyfriend, Roman Sanders, and that
she had seen them run.
Officer Hoadley asked the passenger to open the window, and
the passenger rolled the window partially down. Officer
Hoadley could see that the majority of the men were wearing
all dark clothing. The men stated that they did not live in
the complex but were on their way to school. Officer Hoadley
elaborated that they said that they were picking up someone
to go to school, which did not make sense given that the car
was full and none of the occupants lived in the complexes.
They appeared nervous and were "not telling [Officer
Hoadley] a whole lot."
Because he knew that the perpetrators of the crimes were
armed and because he could not keep an eye on all five of the
car's occupants at once, Officer Hoadley asked the men to
get out of the car. They were immediately patted down and
handcuffed. . . . They were separated and placed in patrol
cars due to the rain. After they stepped out, he saw a brown
wallet on the floorboard behind the passenger's seat, two
ski masks, and one dark bandana. He testified that one of the
dispatches had stated that masks were used. After an officer
told him that a wallet had been taken, Officer Hoadley picked
up the wallet and discovered it belonged to the second
victim. A cell phone was also recovered.
. . . Kevin Boone, a co-defendant, testified that in the
early morning hours of January 20, 2010, he, his twin brother
Keith Boone, Kortez Potter Woods, and Mr. Woods's
brother, Keith Potter, had been socializing at a basketball
game and at clubs. He and Mr. Potter had court in the
morning, so they were planning to sleep at the same house.
Around 1:00 or 2:00 a.m., they went to Mr. Potter's house
in Donelson, where the [Petitioner], known as "Ratchett,
" was apparently asleep. The four men were in Kevin
Boone's car, which was a silver, two-door Honda Civic
with tinted windows. Mr. Boone's twin, Keith, was
driving, and according to Mr. Boone's testimony, Mr.
Potter decided to pick up the [Petitioner] and go on a
When they pulled up to Mr. Potter's house, three of the
men stayed in the car while Mr. Potter went to wake the
[Petitioner]. The two spoke at the front of the house, and
the [Petitioner] initially refused to participate in the
robberies but eventually relented to Mr. Potter's
pressure and went to change clothes. According to Mr.
Boone's testimony and photographs of the men at the time
of their arrest, the twins were wearing white tops and the
other three men were dressed in all black clothing. Mr.
Boone's twin had a .38 special pistol under the
passenger's seat, but Mr. Boone did not see any other
guns until after the first robbery. The men chose to go to an
apartment complex on the theory that there would likely be
someone walking around in the early morning hours.
At the complex, the men saw a woman who would become the
first victim, and Mr. Potter instructed Mr. Boone's twin
to stop the car. The [Petitioner], Mr. Potter, and Mr. Woods
got out, while the Boone twins remained in the vehicle during
both crimes. Mr. Woods had a zip-up ski mask, and the
[Petitioner] had a camouflage bandana. Although it was still
mostly dark, Mr. Boone could see that someone had drawn a gun
and aimed it at the first victim, but he could not tell who
had the gun. He then saw one of his companions get into the
woman's car and start it. Apparently, they could not
operate the stick shift, and Mr. Boone saw the ...