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Posted by: Tanja Trezise on Nov 12, 2013

Court: TN Court of Criminal Appeals

Attorneys 1:

Robert L. Vogel, Knoxville, Tennessee, for the Appellant, Brandon Compton.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; Randall Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the Appellee, State of Tennessee.


A jury convicted the Petitioner, Brandon Compton, of two counts of first degree murder. On direct appeal, this Court vacated the judgments of conviction and entered convictions for second degree murder, remanding to the trial court for resentencing. State v. Brandon Compton, No. E2005-01419-CCA-R3-CD, 2006 WL 2924992, at *1 (Tenn. Crim. App., at Knoxville, Oct. 13, 2006) perm. to app. denied (Feb. 26, 2007). After the trial court resentenced the Petitioner to twenty-five years for each of his second degree murder convictions to be served consecutively, this Court affirmed the twenty-five year consecutive sentences. State v. Brandon Compton, No. E2007-01790-CCA-R3-CD, 2008 WL 4071825 (Tenn. Crim. App., at Knoxville, Sept. 2, 2008) perm. app. denied (Feb. 17, 2009). The Petitioner timely filed a petition seeking post-conviction relief on the basis of ineffective assistance of counsel, which the post-conviction court denied after a hearing. The Petitioner appeals the post-conviction court’s denial, claiming that his attorney failed to: (1) adequately investigate witnesses, (2) present the theory of self-defense, (3) refute the State’s characterization of the Petitioner as a drug dealer, and (4) present expert testimony on gunshot residue. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.