Assigned on Briefs May 7, 2019
from the Criminal Court for Shelby County No. 13-02387 Chris
Randy Jackson, was convicted of aggravated robbery and
attempt to commit aggravated robbery and received an
effective twenty-two-year sentence. He appeals the denial of
his petition for post-conviction relief in which he alleged
ineffective assistance of counsel at trial. After a thorough
review of the record, we conclude that Petitioner has failed
to show that his trial counsel rendered ineffective
assistance of counsel, and we accordingly affirm the judgment
of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Fortner, Memphis, Tennessee, for the appellant, Randy
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Leslie Byrd, Assistant
District Attorney General, for the appellee, State of
T. Woodall, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and D. Kelly Thomas, Jr., JJ.,
T. WOODALL, JUDGE
facts of this case as set forth by this court on direct
appeal are as follows:
This case relates to the 2012 robbery of John Vogel and
Scarlett Densmore outside Mr. Vogel's home. At the trial,
Mr. Vogel testified that on the evening of July 23, 2012, he
and Ms. Densmore, the mother of his daughter, were standing
outside his home near Ms. Densmore's minivan when an
African-American man approached them. Mr. Vogel said that
although he saw the man about eighty yards away, Mr. Vogel
did not think much of it. He said that as he and Ms. Densmore
were talking, the man began running toward them with a gun.
Mr. Vogel said that he told Ms. Densmore to lie on the
ground, that he lay on the ground and covered his head with
his hands, and that he heard the man asking Ms. Densmore,
"What have you got?" Mr. Vogel said that after
about thirty seconds, he felt the barrel of the man's gun
on his neck and that the man yelled, "What have you got
motherf ----? I will shoot your motherf ---- a--." Mr.
Vogel said he thought he was going to die. Mr. Vogel said
that the man slightly pulled down Mr. Vogel's pants to
determine if Mr. Vogel "had anything" and that Mr.
Vogel told the man, "Man, I don't have
anything." Mr. Vogel said that the man held the gun in
his right hand and that the gun was a black semi-automatic
pistol. He said the man wore a "doo rag," was six
feet, two inches tall, and weighed about 170 pounds. He could
not recall the man's hairstyle.
Mr. Vogel testified that he next heard the man talking to Ms.
Densmore and rummaging through her purse. He said that after
three minutes, he heard a car arrive, saw a man get out of
the car, and heard the man ask, "Are we done here?"
Mr. Vogel said that Ms. Densmore was crying and asked what
she should do and that he told her to remain on the ground.
Mr. Vogel said that he heard the car's engine start and
drive away and that he got up and attempted to obtain the
car's license plate number. He said, though, the car did
not have a license plate. He said the car was
Mr. Vogel testified that after the car drove away, he grabbed
his car keys and attempted to follow the car. He said that he
and Ms. Densmore got in his car, chased the reddish-colored
car, caught up to the reddish-colored car, passed the car,
made a u-turn, and began following the car. He said that the
car drove into a Kroger parking lot and that he parked his
car where he could watch. He said he called 9-1-1 and told
the dispatcher about the incident, reported he was watching
the reddish-colored car, and requested police assistance. He
said that while he was waiting for the police, the
reddish-colored car left the parking lot and drove away on a
road that was "destitute and dark." Mr. Vogel did
not follow the car but reported to the dispatcher the
direction in which the car drove. He said the police arrived
and apprehended "one of the subjects." He
identified a photograph of the reddish-colored car, which
depicted no license plate. He said that although he was
provided a photograph lineup, he was unable to identify the
man who pointed a gun at him outside his home.
On cross-examination, Mr. Vogel testified that the street
lights were operating outside his home, that the
reddish-colored car did not speed when it left the scene, and
that the car drove away slowly.
Scarlett Densmore testified that on July 23, 2012, at 10:45
p.m., she and Mr. Vogel were talking outside Mr. Vogel's
home and that a man ran from across the street to their
location. She said the man pointed a gun at her and Mr.
Vogel. She said the man was African-American, tall, and wore
"long jeans," a mostly white shirt, and a doo rag
on his head. She said she saw braids coming out of the doo
rag. She said that the man yelled for her and Mr. Vogel to
"get down on the ground," that the man pointed the
gun at her and Mr. Vogel, and that they complied. She said
she first saw the man when he was running across the street
and under a street light. She identified the Defendant as the
man she saw running across the street and said she had no
doubt it was the Defendant who robbed her.
Ms. Densmore testified that during the incident, a car
arrived and parked beside her minivan, that a man got out of
the car, that the man told her and Mr. Vogel to lie on the
ground, that the man climbed on her back and looked though
her pockets, and that she only saw the man's legs and
feet. She said that the man took her keys and asked for her
money. She said that she told the man to take her purse, that
the man asked for her money again, and that she told him her
money was in her purse. She said the man wore long jean
shorts that came "half-way in between" and dark
gray and turquoise tennis shoes. She said that although her
arms were scraped from the gravel on the ground, she did not
suffer serious injury during the robbery. She noted the car
was a reddish-maroon four-door sedan.
Ms. Densmore testified that after the men left in the
reddish-colored car, Mr. Vogel called 9-1-1 and that she and
Mr. Vogel chased the men. She provided testimony similar to
Mr. Vogel regarding the chase and said the police stopped the
reddish-colored car and took one of the men into custody. She
said that the man lying on the ground as the police
apprehended him was the man who arrived outside Mr.
Vogel's home in the reddish-colored car and who "had
been on [her]" because she recognized the man's
Ms. Densmore testified that her keys and her purse, which
contained money, photographs of her children, medication, and
miscellaneous items, were taken during the robbery. She noted
her purse was large, red, and shiny. She said the police
found her purse in a dumpster near the area where the man was
apprehended. She identified photographs of her purse after it
was recovered and noted her purse contained her wallet,
driver's license, and receipts.
Ms. Densmore testified that the police provided her a
photograph lineup, that she circled one photograph, and that
she "believed" the man in the photograph was the
man who pointed a gun at her and took her purse.
On cross-examination, Ms. Densmore testified that Mr. Vogel
was the first person to tell her to lie on the ground. She
said the gun was black and gray and was a semi-automatic
pistol. She agreed that the incident occurred quickly and
said that after she lay on the ground, she was unable to move
or look around and only saw the lower portion of the
men's bodies. She said that during the chase, she and Mr.
Vogel pulled beside the reddish-colored car and that she did
not look inside the car because she was scared.
On redirect examination, Ms. Densmore testified that when she
said "believed" during her photograph
identification, she meant "believe within a
certainty." She said she understood from the advice to
witnesses form that she was not supposed to guess when
identifying the suspects. She said she had no doubt that the
Defendant was the ...