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Posted by: Stacey Shrader Joslin on Sep 2, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

James E. Thomas, Memphis, Tennessee, (on appeal); and James DeRossitt, Memphis, Tennessee, (at trial), for the Appellant, Tremaine Roberson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Amy Weirich, District Attorney General; and Chris Lareau, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): WOODALL

Petitioner, Termaine Roberson, appeals the denial of his petition for post-conviction relief. Petitioner contends that he received ineffective assistance of counsel based on his trial counsel’s failure to adequately prepare for trial, including failing to call two witnesses at trial and failing to obtain DNA testing of a ski mask worn by one of the perpetrators. Having reviewed the record before us and the briefs of the parties, we conclude that the evidence does not preponderate against the post-conviction court’s findings. Accordingly, the judgment of the post-conviction court is affirmed.