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Posted by: Tanja Trezise on Oct 9, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Hershell D. Koger, Pulaski, Tennessee, for the appellant, Demetrie Owens.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Meredith Devault, Lacy Wilber, Assistant Attorney General; Robert J. Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.


A Marshall County jury convicted the Petitioner, Demetrie Owens, of aggravated burglary and two counts of theft of property valued over $1000, and the trial court sentenced him as a Range II offender to an effective sentence of ten years in the Department of Correction. On appeal, this Court affirmed the Petitioner’s convictions and sentence. State v. Demetrie Darnell Owens, No. M2009-02611-CCA-R3-CD, 2010 WL 3448138 (Tenn. Crim. App., at Nashville, Sept. 2, 2010), no perm. app. filed. The Petitioner filed a petition for postconviction relief, which the post-conviction court dismissed after a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because his trial counsel did not adequately cross-examine the State’s witnesses and because he improperly “opened the door” to proof of a prior bad act by the Petitioner. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment.