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Posted by: Tanja Trezise on Jul 3, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Lance R. Chism, Memphis, Tennessee, for the appellant, Tony Holmes.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Amy P. Weirich, District Attorney General; and Stacey McEndree and Kate Edmands, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): PAGE

A Shelby County jury convicted petitioner, Tony Holmes, of one count of first degree premeditated murder and one count of attempted first degree premeditated murder. The jury sentenced him to life in prison for first degree murder, and the trial court sentenced him as a repeat violent offender to life in prison without the possibility of parole for attempted first degree premeditated murder, to be served consecutively. Following an unsuccessful direct appeal to this court, he filed a petition for post-conviction relief alleging that appellate counsel was ineffective for failing to argue that the trial court erred in denying his motion to suppress an eyewitness’s identification of him. He also contended in his petition that trial counsel was ineffective for improperly making personal attacks against the prosecutor during closing arguments, for failing to impeach witnesses with their prior criminal convictions, and for failing to impeach a witness with her prior inconsistent statement to police. Discerning no error, we affirm the judgment of the post-conviction court.