JONATHAN M. COOPER v. STATE OF TENNESSEE - Articles

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Posted by: Azya Thornton on Sep 11, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Eric Lutton, District Public Defender; and Jonathan Harwell (at hearing and on appeal), and Joseph Sandford (at hearing), Assistant District Public Defenders, for the appellant, Jonathan M. Cooper.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Ronald L. Coleman, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Nathaniel Ogle, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HIXSON

The Petitioner, Jonathan M. Cooper, appeals the denial of his petition for post-conviction relief challenging his multiple convictions for aggravated sexual battery, incest, and rape of a child. On appeal, the Petitioner argues the post-conviction court erred in denying his motion to continue the evidentiary hearing requesting more time to develop recently discovered evidence—the report of the victim’s medical examination. The Petitioner also contends the post-conviction court erred in denying relief because (1) the State violated his due process rights by failing to disclose Brady evidence at trial, i.e., the report of the victim’s medical examination; (2) he received the ineffective assistance of counsel due to trial counsel’s failure to familiarize himself with Rule 412 of the Tennessee Rules of Evidence, and this failure resulted in the exclusion of evidence of the victim’s sexual behavior with her stepbrother; (3) he received the ineffective assistance of counsel due to trial counsel’s failure to object to the State’s improper closing argument; (4) he received the ineffective assistance of counsel due to trial counsel’s failure to properly address the issue of venue; and (5) the cumulative effect of trial counsel’s deficiencies, along with the State’s withholding of Brady evidence, violated his right to a fair trial. After review, we affirm the judgment of the post-conviction court.

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