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Posted by: Tanja Trezise on Aug 2, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Tony Von Carruthers, Pro Se, Nashville, Tennessee.

Attorneys 2:

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

Judge(s): SMITH

In 1996, Petitioner, Tony Von Carruthers, was convicted of three counts of first degree murder and sentenced to death on each count by a Shelby County Jury. See State v. Carruthers, 35 S.W.3d 516, 523 (Tenn. 2000). Petitioner subsequently sought postconviction relief for, inter alia, ineffective assistance of pretrial counsel for failing to retain an expert in the field of deoxyribonucleic acid (“DNA”) analysis. See Tony Carruthers v. State, No. W2006-00376-CCA-R3-PD, 2007 WL 4355481, at *1 (Tenn. Crim. App., at Jackson, Dec. 12, 2007), perm. app. denied, (Tenn. May 27, 2008). After a hearing, the postconviction court denied relief, and this Court affirmed the post-conviction court’s judgment. Id. In December of 2011, Petitioner sought to have DNA analysis performed on a vaginal swab and a blanket pursuant to the Post-Conviction DNA Analysis Act of 2001. The Shelby County Criminal Court denied relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief. Because Petitioner did not establish the criteria for ordering DNA analysis under the Act, the judgment of the post-conviction court is affirmed.