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Posted by: Tanja Trezise on May 1, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Joseph T. Howell, Jackson, Tennessee, (on appeal); and Joseph R. Taggart, Jackson, Tennessee, (at trial), for the appellant, Christopher Rodney Butler.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Michelle L. Consiglio-Young, Assistant Attorney General; James G. Woodall, District Attorney General; and Rolf Hazlehurst, Assistant District Attorney General, for the appellee, the State of Tennessee.

Judge(s): WOODALL

Petitioner, Christopher Rodney Butler, appeals the dismissal of his petition for postconviction relief in which he alleged ineffective assistance of counsel at trial. More specifically he contends that (1) trial counsel failed to “solicit” the testimony of Albert Sweat; (2) trial counsel failed to depose the State’s witnesses prior to trial; and (3) trial counsel failed to obtain video surveillance footage from the cameras at the “Mix Factory in Jackson, Tennessee showing that he had been approached by a young black man, who drove him to the purported crime scene.” After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court.