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Posted by: Tanja Trezise on Jun 27, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert C. Brooks, Memphis, Tennessee, for the appellant, Vershawn McCoy.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter, David H. Findley, Assistant Attorney General; Amy P. Weirich, District Attorney General, and Jose Leon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): SMITH

Petitioner, Vershawn McCoy, was convicted by a Shelby County jury for second degree murder. The trial court sentenced him to a twenty-year sentence to be served at 100%. He unsuccessfully appealed to this Court. State v. Vershawn McCoy, No. W2009-01222-CCAR3- CD, 2010 WL 4540076 (Tenn. Crim. App., at Jackson, Nov. 9, 2010). Subsequently, he filed a petition for post-conviction relief arguing that he was afforded ineffective assistance of counsel. The post-conviction court denied the petition after an evidentiary hearing. Petitioner now appeals the denial of his petition. After a thorough review of the record, we conclude that Petitioner has been unable to prove either deficient performance on the part of trial counsel, or prejudice even if deficient performance had been found. Therefore, we affirm the denial of the petition.