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Posted by: Tanja Trezise on Nov 12, 2014

Court: TN Court of Criminal Appeals

Attorneys 1:

Jamie Machaner, Nashville, Tennessee, for the appellant, Gary Dwayne Johnson.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Renee W. Turner, Senior Counsel; Victor S. Johnson, III, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Gary Dwayne Johnson, appeals the denial of his petition for post-conviction relief. He stands convicted of multiple charges based upon his actions following his escape from custody at a hospital where he was being treated. He was sentenced, as a career offender, to an effective term of one hundred and forty-one years in the Department of Correction. On appeal, he contends that the post-conviction court erred in its denial because he was denied his right to the effective assistance of counsel. Specifically, he contends that trial counsel was ineffective by: (1) failing to adequately investigate the case and potential exonerating evidence; (2) failing to pursue a motion for severance; (3) failing to include all issues in the motion for new trial; and (4) failing to file mitigating factors and provide adequate representation at the sentencing hearing. Following review of the record, we conclude that the post-conviction court properly denied relief. As such, the judgment of the court is affirmed.