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Taylor v. State

Court of Criminal Appeals of Tennessee, Jackson

February 28, 2018

CEDRIC TAYLOR
v.
STATE OF TENNESSEE

          Assigned on Briefs July 11, 2017

         Appeal from the Criminal Court for Shelby County No. 13-00173 J. Robert Carter, Jr., Judge

         The 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.

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

          Monica A. Timmerman, Bartlett, Tennessee, for the Appellant, Cedric Taylor.

          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 of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which D. Kelly Thomas, Jr., and Camille R. McMullen, JJ., joined.

          OPINION

          NORMAMCGEEOGLE, JUDGE

         I. Factual Background

         On 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 ...

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