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Posted by: Tanja Trezise on Mar 13, 2012

Court: TN Court of Criminal Appeals

Attorneys 1: Roger G. Day, Johnson City, Tennessee for the Petitioner, Thomas Nathaniel Allen.

Attorneys 2: Robert E. Cooper, Jr., Attorney General and Reporter; Lindsy Paduch Stempel, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Victor Vaughn, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): MCMULLEN

After trial, a jury convicted the Petitioner, Thomas Nathaniel Allen, of first degree murder, and he received a life sentence in the Tennessee Department of Correction. The Petitioner appeals the Hamblen County Criminal Court’s denial of his petition for post-conviction relief and writ of error coram nobis. He argues that he is entitled to post-conviction relief based on the ineffective assistance of his trial counsel and prosecutorial misconduct committed by the State. The Petitioner claims that he received ineffective assistance 1 of counsel because trial counsel failed to (1) investigate or call several witnesses at trial and (2) retain a jury consultant. He asserts that the State committed prosecutorial misconduct by instructing a witness not to talk to the defense. The Petitioner additionally argues that the post-conviction court erred in denying him coram nobis relief based on newly discovered evidence. Upon review, we affirm the judgments of the post-conviction court.