Assigned on Briefs May 7, 2019
from the Circuit Court for Madison County No. C-18-187 Roy B.
Morgan, Jr., Judge
petitioner, Christopher Minor, appeals the denial of his
petition for post-conviction relief, which petition
challenged his Madison County Circuit Court jury convictions
of felony murder, aggravated robbery, aggravated burglary,
aggravated assault, and employing a firearm during the
commission of a dangerous felony. In this appeal, the
petitioner reiterates his claim that he was deprived of the
effective assistance of counsel. Because the petitioner has
failed to establish that he is entitled to post-conviction
relief, we affirm.
R. App. P. 3; Judgment of the Circuit Court Affirmed
William J. Milam, Jackson, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter; Ronald
L. Coleman, Assistant Attorney General; Jody S. Pickens,
District Attorney General; and Al Earls, Assistant District
Attorney General, for the appellee, State of Tennessee.
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall and D. Kelly Thomas, Jr., JJ.,
CURWOOD WITT, JR., JUDGE
Madison County jury convicted the petitioner of two counts of
felony murder, two counts of aggravated robbery, one count of
aggravated burglary, one count of aggravated assault, one
count of being a convicted felon in possession of a handgun,
one count of employing a firearm during the commission of a
dangerous felony, one count of employing a firearm during the
commission of a dangerous felony after having been previously
convicted of a dangerous felony, and seven counts of
violating the criminal gang enhancement statute. See
State v. Minor, 546 S.W.3d 59, 63 (Tenn. 2018). On
appeal, this court affirmed the petitioner's convictions
and sentences, but our supreme court vacated the
petitioner's convictions for violating the criminal gang
enhancement statute based upon this court's declaring
that statute unconstitutional and remanded the case for
resentencing. See id. at 75.
supreme court summarized the petitioner's case as
On June 8, 2014, Christopher Minor, a member of the Black
P-Stone Nation criminal gang, and another gang member went
to an apartment Rico Swift shared with his girlfriend,
Julie Frye, on the pretext of buying marijuana. They were
acting on orders from a gang leader to rob Mr. Swift, and
other gang members were waiting just outside the apartment.
The two men entered the apartment, and, when Mr. Swift
turned his back to retrieve the marijuana, they attacked
him, punching and choking him. During the assault, the
other gang members entered the apartment. According to Ms.
Frye, the men choked Mr. Swift until his legs "started
jumping" and he turned blue. When Ms. Frye attempted
to leave the room to grab a knife to assist Mr. Swift, the
[petitioner] followed her and struck her with a gun,
knocking her unconscious. By the time Ms. Frye regained
consciousness, the assailants were gone, but Mr. Swift was
lying on the sofa, unconscious and badly injured in a pool
of his own blood. Emergency personnel were summoned, but
Mr. Swift died from the injuries he sustained. Ms. Frye
later discovered that the assailants had also stolen items
from her purse.
Days later, police investigators linked the [petitioner] to
the crime. They showed Ms. Frye a photographic array, and
she identified the [petitioner] as the person who beat Mr.
Swift and knocked her unconscious. When the officers
questioned the [petitioner], he admitted being present at
Mr. Swift's apartment, but he denied any involvement in
assaulting Mr. Swift or Ms. Frye. According to the
[petitioner], he was simply a scout and left the apartment
and advised the gang members waiting outside not to go
through with the planned robbery because Mr. Swift was not
The [petitioner] admitted accepting his share of the
proceeds from the robbery, however, explaining that he
would have been disciplined by ...