YTOCKIE FULLER v. STATE OF TENNESSEE - Articles

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Posted by: Stacey Shrader Joslin on Jan 15, 2019

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph T. Howell, Jackson, Tennessee, for the appellant, Ytockie Fuller.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Petitioner, Ytockie Fuller, appeals the post-conviction court’s denial of his petition for post-conviction relief, in which he challenged his convictions for first degree premeditated murder and possession of a firearm after a felony conviction and his effective sentence of life without the possibility of parole plus eight years. On appeal, the Petitioner contends that he received ineffective assistance of counsel at trial due to trial counsel’s failure to: (1) request a limiting instruction regarding an audio recording of the murder; (2) object to the prosecutor’s comments regarding the Petitioner’s silence following his arrest; and (3) object to the prosecutor’s statements regarding the forensic pathologist’s testimony. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court.

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