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Posted by: Stacey Shrader Joslin on May 13, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Jeremy W. Parham, Manchester, Tennessee, for the appellant, Gregory Justice.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Rachel Marie Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): TIPTON

The Petitioner, Gregory Justice, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his jury convictions for possession with the intent to sell or deliver one-half gram or more of a controlled substance, facilitation of the sale of less than one-half gram of a controlled substance, and felonious possession of marijuana, and his concurrent sentences of fourteen years, five years, and three years, respectively. The Petitioner contends that the convictions should be set aside and that he should be granted a new trial because (1) the count charging possession with the intent to sell or deliver more than one-half gram of a controlled substance was duplicitous, (2) he was denied his constitutional right to a trial by a jury and jury unanimity, and (3) trial counsel provided the ineffective assistance of counsel. We affirm the judgment of the trial court.