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Posted by: Chandra Williams on Oct 2, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Andrew Love (on appeal), Nashville, Tennessee, and James R. Tucker (at hearing), Shelbyville, Tennessee, for the appellant, Jason Lee Fisher.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; M. Todd Ridley, Assistant Attorney General; Robert Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Jason Lee Fisher (“the Petitioner”) was convicted of four counts of burglary, four counts of theft of property, and three counts of vandalism. The Petitioner filed a petition for post-conviction relief alleging, among other things, that he received ineffective assistance of counsel when trial counsel and co-counsel failed to file a motion to suppress evidence found during the inventory search of the Petitioner’s vehicle. Following a hearing where only the Petitioner, trial counsel, and co-counsel testified, the post-conviction court found that the Petitioner failed to show that he was prejudiced by counsels’ alleged deficiencies. On appeal, the Petitioner argues that the State failed to prove that impounding the Petitioner’s car was necessary and, therefore, the inventory search was invalid. Accordingly, he contends that, had trial counsel and co-counsel filed a motion to suppress, it would have been successful, and all the evidence against the Petitioner would have been excluded. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.