Assigned on Briefs May 17, 2017
from the Circuit Court for Obion County No. CC-16-CR-49 Jeff
Joseph Cordell Brewer, III, appeals from the denial of relief
following a hearing on his petition for post-conviction
relief. Only Petitioner and his trial counsel testified at
the post-conviction hearing. Since Petitioner failed to
present evidence of any prejudice to him as a result of trial
counsel's alleged deficient representation, we affirm the
judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
B. Allen, Martin, Tennessee, for the appellant, Joseph
Cordell Brewer, III.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Thomas A. Thomas, District
Attorney General; and Jim Cannon, Assistant District Attorney
General, for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which John Everett Williams and Robert W. Wedemeyer, JJ.,
T. WOODALL, PRESIDING JUDGE
a jury trial, Petitioner was convicted of the Class C felony
theft of a 2009 Honda Odyssey minivan, one count of Class D
felony evading arrest, and one count of Class A misdemeanor
evading arrest. On direct appeal to this Court, the
conviction for Class D felony evading arrest was reduced to a
conviction for Class E felony evading arrest, the other two
convictions were affirmed, the Class E felony evading arrest
conviction was remanded for resentencing, and the other
sentences were affirmed. State v. Joseph Cordell
Brewer, III, No. W2014-01347-CCA-R3-CD, 2015 WL 4060103
(Tenn. Crim. App. June 1, 2015).
to the issues raised in this post-conviction appeal,
Petitioner was identified as the driver of the stolen vehicle
by a police officer. The officer observed Petitioner driving
the vehicle just prior to a high speed chase that began after
the same officer turned on his blue lights to initiate a stop
of the vehicle. When the vehicle drove through a red light at
approximately 100 miles per hour, the officer backed off the
chase until he could safely cross the same intersection.
After the officer saw the vehicle make a turn, the officer
also turned, and he found the vehicle crashed into a chain
link fence with the engine running and the car in the drive
gear. However, the vehicle was unoccupied, and nobody was at
the scene. State v. Joseph Cordell Brewer, III, 2015
WL 4060103 at *1-3.
argues on appeal that trial counsel rendered ineffective
assistance of counsel by: (1) failing to present an expert
witness to testify about the problems with eyewitness
testimony, and (2) failing to raise a challenge to the
constitutionality of the racial makeup of the jury venire,
pursuant to Batson v. Kentucky, 476 U.S. 79 (1986).
by Petitioner at the post-conviction hearing, trial counsel
testified that he had been an attorney for twenty-nine years
and had been a criminal defense attorney for all but three
years. Trial counsel stated that he cross-examined Officer
Buchanan, the policeman who ...