Assigned on Briefs July 11, 2017
from the Criminal Court for Shelby County No. 13-00173 J.
Robert Carter, Jr., Judge
Petitioner, Cedric Taylor, filed a post-conviction petition,
seeking relief from his convictions of aggravated robbery,
aggravated burglary, and employment of a firearm during the
commission of a dangerous felony. In the petition, the
Petitioner alleged that his trial counsel was ineffective by
calling an alibi witness whose testimony was not favorable to
the Petitioner. The post-conviction court denied the
petition, 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
A. Timmerman, Bartlett, Tennessee, for the Appellant, Cedric
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Dru Carpenter,
Assistant District Attorney General, for the Appellee, State
McGee Ogle, J., delivered the opinion of the court, in which
D. Kelly Thomas, Jr., and Camille R. McMullen, JJ., joined.
direct appeal, this court summarized the following pertinent
facts adduced at the Petitioner's trial:
[The victim testified that on] June 23, 2012, [she] lived on
Longfellow Road in Memphis. That night, a friend picked her
up at her home to go dancing at a club called
"Eclipse." Thereafter, the women had dinner at a
restaurant, and the victim arrived at her residence between
4:00 and 4:30 a.m. on June 24. As the victim opened the outer
black iron door and entered her home, her friend drove away.
The victim reached behind her to close the outer door, and
she observed two black males, one pointing a gun at her. The
male who held the gun pushed her through her open inner door
and into her house. She called out to "Mario, " one
of the individuals with whom she lived at the time, but the
male struck her in the head with the gun and instructed her
to "shut up." At that point, the second male
entered the residence. They "grabbed" the victim,
"pushed" her, and then took her handbag. The victim
was bleeding from the attack.
After the two males stole the victim's purse, they fled
from the residence, and the people with whom she lived
entered the room. They called the police and an ambulance,
and the victim was later transported to the hospital via
ambulance. The victim stated that she required staples in her
head as a result of being struck with the gun.
The victim stated that the perpetrator who held the gun and
struck her was dressed all in black with white lettering on
his shirt. He also had long hair with dreadlocks, a braid in
the back of his hair, a goatee, and a beard. She believed him
to be between twenty-three and twenty-seven years of age. The
other male was also dressed in black and had short hair with
a "line" and acne on his face.
A few days later, the victim spoke with Detective Ivan Lopez
who showed her a photograph array from which she identified
the perpetrator who had wielded the weapon and struck her on
the head. She testified at trial that she was "a hundred
percent sure that it ...