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Posted by: Tanja Trezise on May 19, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Terrell L. Tooten, Memphis, Tennessee, for the appellant, Gary Bohannon.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Ahmed A. Safeeullah, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Chris Lareau, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The petitioner, Gary Bohannon, was convicted of first degree (premeditated) murder and received a life sentence. He filed a petition for post-conviction relief, which the postconviction court denied. He now appeals, arguing that his right to due process and a fair trial was violated by statements that the trial court made to the jury during voir dire. He also argues that he received ineffective assistance of counsel when trial counsel did not object to the statements of the trial court, failed to ask for a continuance or a recess after the direct testimony of a witness, failed to locate and call a witness, and erroneously stated in closing argument that the petitioner made a statement to police. After a thorough review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the postconviction court.