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Anderson v. State

Court of Criminal Appeals of Tennessee, Jackson

February 15, 2018

DARRELL M. ANDERSON
v.
STATE OF TENNESSEE

          Assigned on Briefs December 5, 2017

          Appeal from the Circuit Court for Madison County No. C-16-294 Roy B. Morgan, Jr., Judge

         The petitioner, Darrell M. Anderson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the judgment of the post-conviction court.

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

          Joseph T. Howell, Jackson, Tennessee, for the appellant, Darrell Anderson.

          Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Jody Pickens, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which John Everett Williams and Alan E. Glenn, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         Facts and Procedural History

         A. Trial Proceedings and Direct Appeal

         In 2013, a Madison County jury convicted the petitioner of attempted aggravated assault for which he received a sentence of twelve years, as a career offender. On appeal, this Court affirmed the petitioner's conviction. State v. Darrell Anderson, No. W2014-01626-CCA-R3-CD, 2014 WL 4608144, at *1 (Tenn. Crim. App. Aug. 3, 2015), perm. app. denied (Tenn. Dec. 10, 2015). The Court summarized the facts, as follows:

          This case arose after the [petitioner] brandished a pistol and threatened the victim. On the afternoon of the incident, the victim noticed that another woman had parked her vehicle in the victim's parking space. The victim asked the woman why she was parked in that spot, and an altercation ensued. The victim and the other woman exchanged blows, and the victim was taken to the ground. She estimated that the fight lasted three to five minutes. The victim's fiancé exited their home and separated the two women. The victim's grandmother also interceded to break up the fight.

The victim returned to her home and went inside. About forty-five minutes later, the victim was walking back and forth between her front yard and her porch discussing the fight with her mother and several others. She noticed a green BMW driving down the street at a high rate of speed. She saw the [petitioner] exit the vehicle and display a pistol. The victim heard the [petitioner] say that he "would light this b***h up." The victim believed that the [petitioner] meant that he would fire the gun at her and her home. Once the victim saw the pistol, she "immediately" ran into her house. She explained that the pistol was not aimed directly at her but that it was pointed "[u]p at" the victim and the others on the porch. The victim testified that she felt "[s]cared for [her] life" and "threatened." She believed that the [petitioner] was "[a]bout ten feet" away from her when she saw the gun, and she estimated that she was able to see the [petitioner] for "[m]aybe 30 seconds to a minute."
Elisa Gray, the victim's mother, testified that she was in the victim's yard when she saw a green car "driving really fast" pull up beside the yard of the victim's next door neighbor. She saw the [petitioner] exit the vehicle with a gun, and she heard him cock the weapon. She also heard the [petitioner] say "something about lighting it up or something like that." She testified that she "was about six to eight feet away from" the [petitioner] at the time. She recalled that the victim ran into her house as soon as the [petitioner] got out of his vehicle with a gun. She was able to memorize the [petitioner]'s license plate number, and she later gave the number to police.
Laura Paar, a member of the Jackson Police Department, responded to a call at the victim's residence. She interviewed the victim, who was "very distraught" and "[f]rantic." She also interviewed other witnesses who were present and obtained a physical description of the [petitioner], along with his license plate number. She issued a "BOLO" containing the [petitioner]'s physical description and license plate number. Based on Officer Paar's report, Sergeant Chris Chestnut later compiled a photographic lineup that included ...

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