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Posted by: Tanja Trezise on Mar 20, 2013

Head Comment: With Concurring Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

P. Benjamin Duke, New York, New York; and Donald E. Dawson, Nashville, Tennessee, for the appellant, Gregory Robinson.

Attorneys 2:

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

Judge(s): PAGE

Petitioner, Gregory Robinson, appeals from the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. A Shelby County jury convicted petitioner of premeditated first degree murder and especially aggravated kidnapping. Petitioner was sentenced to death for first degree murder and twenty-five years for especially aggravated kidnapping to be served consecutively. The Tennessee Supreme Court affirmed petitioner’s convictions and sentences on direct appeal. See State v. Robinson, 146 S.W.3d 469 (Tenn. 2004). In this appeal of the denial of post-conviction relief, petitioner contends that (1) the State failed to disclose a statement of a witness in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) the State elicited and failed to correct false testimony of a witness at trial; (3) counsel were ineffective in both phases of the trial and on appeal; and (4) the death penalty is unconstitutional. We conclude that the post-conviction court properly denied post-conviction relief. Therefore, we affirm the judgment of the post-conviction court.