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Posted by: Tanja Trezise on Jun 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Laylah V. Smith, Nashville, Tennessee, for the Appellant, Abbas Hasam Nejat.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Meredith DeVault, Assistant Attorney General; Victor S. Johnson III, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): HOLLOWAY

Abbas Nejat (“the Petitioner”) challenges the denial of his petition for post-conviction relief. On appeal, the Petitioner argues that he received ineffective assistance of counsel when trial counsel failed to include the transcript of the Petitioner?s Rule 404(b) hearing in the record on direct appeal. Upon review of the record, we conclude that the Petitioner?s challenge to admission of evidence about his membership in the Kurdish Pride Gang under Tennessee Rule of Evidence 404(b) is without merit. Accordingly, the Petitioner has failed to show that he was prejudiced by trial counsel?s deficiency. We affirm the judgment of the post-conviction court.