BENJAMIN SCOTT BREWER v. STATE OF TENNESSEE - Articles

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Posted by: Karen Belcher on Jul 11, 2023

Court: TN Court of Criminal Appeals

Attorneys 1: John G. McDougal (on appeal) and Jonathan H. Carroll (at hearing), Chattanooga, Tennessee, for the appellant, Benjamin Scott Brewer.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Abigail H. Rinard, Assistant Attorney General; Coty G. Wamp, District Attorney General; and Raven Austin, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Petitioner, Benjamin Scott Brewer, appeals as of right from the Hamilton County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for six counts of vehicular homicide by intoxication, four counts of reckless aggravated assault, driving under the influence, violation of motor carrier regulations, and speeding. Petitioner contends that he was denied the effective assistance of counsel based upon counsel’s failure to object to witnesses’ descriptions of the crash scene as unfairly prejudicial under Tennessee Rule of Evidence 403. Upon review, we affirm the judgment of the post-conviction court.

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