Assigned on Briefs December 5, 2017
from the Criminal Court for Shelby County No. 08-02978 Paula
L. Skahan, Judge
Petitioner, Matthew Perry, appeals the post-conviction
court's denial of his petition for post-conviction relief
in which he challenged his convictions for first degree
felony murder and attempted aggravated robbery. On appeal,
the Petitioner contends that trial counsel rendered
ineffective assistance by leaving before the close of the
trial, which effectively pressured the Petitioner not to
testify in his own defense, and by failing to introduce an
exculpatory photograph into evidence. Upon reviewing the
record and the applicable law, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Golder, Memphis, Tennessee (on appeal); Stephen C. Bush,
District Public Defender; and Neil Umsted, Assistant District
Public Defender (at hearing), for the appellant, Matthew
Herbert H. Slatery III, Attorney General and Reporter;
Caitlin Smith, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Pam Stark, Assistant District
Attorney General, for the appellee, State of Tennessee.
Everett Williams, J., delivered the opinion of the court, in
which Alan E. Glenn and J. Ross Dyer, JJ., joined.
EVERETT WILLIAMS, JUDGE.
AND PROCEDURAL HISTORY
evidence presented at trial established that on October 3,
2007, Mr. Asa McGhee, the victim, was shot and killed in his
own home during an attempted robbery perpetrated by the
Petitioner and another man identified only as "Big
P." The facts relevant to this post-conviction appeal
are summarized below; a complete recitation of the evidence
presented at trial is included in this court's opinion on
direct appeal. See State v. Matthew Perry, No.
W2010-00951-CCA-R3-CD, 2011 WL 3962865, at *1-8 (Tenn. Crim.
App. Sept. 8, 2011), perm. app. denied (Tenn. Jan.
Paris Humes, the victim's girlfriend and mother of his
child, testified that she arrived at the victim's home at
approximately 9:30 a.m. on the morning of the murder. She
noticed the victim's car parked in the street with its
door and trunk open. Ms. Humes got out of her car and saw a
man, "Big P, " exiting the victim's house. Ms.
Humes had never seen "Big P" before that day. She
took her baby out of the car, went into the house, and
noticed that the wood on the inside of the carport door was
cracked. "Big P" followed Ms. Humes inside the
house and asked if she was the victim's girlfriend. Ms.
Humes replied affirmatively and asked where the victim was.
Ms. Humes walked toward the victim's bedroom and could
hear voices, one of which belonged to the victim. Inside the
bedroom, she saw the Petitioner, whom she knew as "ATL,
" kneeling over the victim as the victim lay on the
floor between the bed and the wall. When "Big P"
entered the bedroom, Ms. Humes asked what was happening and
he responded, "[Y]ou know what this is." The victim
told the Petitioner, "[M]an, I ain't got
nothing." Ms. Humes then noticed that "Big P"
had a gun, and she began to scream, "[P]lease don't
P" then forced Ms. Humes and her baby into a small
bathroom connected to the victim's bedroom. Ms. Humes
heard the Petitioner tell the victim, "Man, I got your
baby in here, and your girl here now, you going to give me
the money or what." The victim maintained that the only
money he had was in his pants and urged the Petitioner to
check his car to confirm that he did not have any money. The
Petitioner said they had already checked his car. Ms. Humes
then heard the Petitioner say, "[M]an, give me the gun,
" followed by three to four gunshots. She heard the
victim groan after each gunshot except the last. "Big
P" told Ms. Humes to stay inside the bathroom. After she
heard a car leave, she stepped out of the bathroom to check
on the victim. The victim was wrapped in a blanket with
multiple gunshot wounds. Ms. Humes heard someone banging on
the window and saw Mr. Ponsay Bratcher. Mr. Bratcher said he
had called the police. The victim died of multiple gunshot
wounds: one in the chest, one in the abdomen, and one in the
Humes testified that she had met the Petitioner while she was
with the victim. After introducing Ms. Humes to the
Petitioner, the victim told her that the Petitioner wanted to
purchase the victim's watch. She had seen the Petitioner
at the victim's house on one other ...