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Carwell v. State

Court of Criminal Appeals of Tennessee, Jackson

April 26, 2018

KEDRICK CARWELL
v.
STATE OF TENNESSEE

          Assigned on Briefs April 3, 2018

          Appeal from the Criminal Court for Shelby County No. 11-03417 James C. Beasley, Jr., Judge

         The petitioner, Kedrick Carwell, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. Within the context of his post-conviction claims, the petitioner attempts to challenge the jury instructions recited at trial, claiming the instructions led to a non-unanimous verdict. Following our review, we affirm the denial of the petition and conclude the petitioner has waived any challenge to the jury instructions or verdict.

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

          Christopher Ingram, Jr., Memphis, Tennessee, for the appellant, Kedrick Carwell.

          Herbert H. Slatery III, Attorney General and Reporter; Ronald L. Coleman, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Stephen Ragland, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which D. Kelly Thomas, Jr. and Robert L. Holloway, Jr., JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         FACTS

         A Shelby County jury convicted the petitioner of carjacking and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of twenty-five years in confinement. On direct appeal, the petitioner solely challenged the sufficiency of the evidence supporting his convictions. This Court summarized the underlying facts leading to the petitioner's conviction as follows:

State's Proof

         The victim said that on January 25, 2011, he was shown three photographic arrays, from which he identified the [petitioner] as the second gunman. He again identified the [petitioner] at a preliminary hearing in March 2011 and identified him in the courtroom at trial. Asked if he had any doubt as to his identification of the [petitioner] as one of the perpetrators, the victim replied, "No, I'm not doubting."

         Officer Newton Morgan of the Memphis Police Department testified that on January 21, 2011, he examined the victim's vehicle at the crime scene office and discovered a Kool-Aid package on the front console. He chemically processed the package to locate possible fingerprints. He obtained a print and secured it in a lockbox for the latent prints department to collect.

         Defense ...


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