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Posted by: Tanja Trezise on Feb 20, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Ryan C. Caldwell, Nashville, Tennessee, for the appellant, Carl J. Wagner.

Attorneys 2:

Herbert H. Slatery, III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Victor S. Johnson, III, District Attorney General; Rachel M. Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.


A Davidson County jury convicted the Petitioner, Carl J. Wagner, of first degree felony murder, second degree murder, and especially aggravated burglary. The trial court imposed a life sentence. The Petitioner appealed, and this Court affirmed the judgment for the second degree murder conviction and reversed the judgments for the first degree felony murder and especially aggravated kidnaping convictions. State v. Carl J. Wagner, No. M2010-00992- CCA-R3-CD, 2011 WL 2893098, at *1 (Tenn. Crim. App., at Nashville, July 20, 2011), perm. app. granted (Tenn. Jan. 11, 2012). Our Supreme Court reinstated the judgments for all three convictions. State v. Wagner, 382 S.W.3d 289, 291 (Tenn. 2012). The Petitioner subsequently filed a petition for post-conviction relief, in which he alleged that he was entitled to relief on multiple grounds, including that he had received the ineffective assistance of counsel. The post-conviction court dismissed the petition after a hearing. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.