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Posted by: Tanja Trezise on Jun 5, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Donna Orr Hargrove, District Public Defender; and Andrew Jackson Dearing III, Assistant District Public Defender (on appeal), for the appellant, Jason Christopher Underwood.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Assistant Attorney General; Robert Carter, District Attorney General; and Michael David Randles, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Jason Christopher Underwood, appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief. On appeal, the Petitioner contends that he received ineffective assistance of counsel based on initial counsel’s failure to “provide adequate protections” for the Petitioner during his February 25, 2005 interview with the assistant district attorney general, pre-trial counsel’s failure to pursue a motion to suppress statements from the aforementioned interview, and trial counsel’s failure to object to admission of the February 25 statements at trial. The Petitioner also requests that we revisit our holding on direct appeal that the trial court’s denial of his request for a deoxyribonucleic acid (“DNA”) expert was not error. Following our review, we conclude that the Petitioner’s first issue is without merit, and his second and third issues have been waived because he raises them for the first time in this appeal. Also, we decline to revisit our earlier holding that the trial court did not err when it denied the Petitioner’s motion requesting additional funds for a DNA expert. Accordingly, we affirm the judgment of the post-conviction court.