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Posted by: Brittany Sims on Dec 26, 2012

Court: TN Court of Criminal Appeals

Attorneys 1:

Paul Kellison Guibao, Larry E. Copeland, Jr., and Matthew Stephen Lyons, Memphis, Tennessee, for the appellant, David Ivy.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General & Reporter; Jeffrey Dean Zenter, Assistant Attorney General; Amy P. Weirich, District Attorney General; and John Campbell, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Petitioner, David Ivy, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief. A Shelby County jury convicted the Petitioner of premeditated first degree murder and sentenced him to death. The Tennessee Supreme Court affirmed the Petitioner’s conviction and sentence on direct appeal. See State v. Ivy, 188 S.W.3d 132 (Tenn. 2006). On appeal, the Petitioner asserts that (1) he is actually innocent of the offense; (2) counsel were ineffective in both phases of the trial and on appeal; (3) the State committed prosecutorial misconduct during closing arguments in both phases of the trial; (4) the application of the prior violent felony aggravating circumstance in Tennessee Code Annotated section 39-13-204(i)(2) was improper; (5) the Capital Defense Team of the Shelby County Public Defender’s Office is “constitutionally ineffective”; and (6) the death penalty is unconstitutional. We affirm the judgment of the trial court denying the Petitioner post-conviction relief.