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Posted by: Amelia Ferrell Knisely on Dec 30, 2015

Court: TN Court of Criminal Appeals

Attorneys 1:

Jessica M. Van Dyke, Nashville, Tennessee, for the appellant, Brian Le Hurst.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Glenn Funk, District Attorney General; and Rachel Sobrero, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

In 2010, Brian Le Hurst (“the Petitioner”) was convicted of first-degree premeditated murder in the death of Eddie Dean Evans and sentenced to life. The Petitioner subsequently filed a petition for post-conviction relief, which the Davidson County Criminal Court denied following a hearing. On appeal, the Petitioner contends that the post-conviction court erred in denying relief on his claims of ineffective assistance of counsel and prosecutorial misconduct. Specifically, he asserts that trial counsel was ineffective for failing to: (1) complete ballistics testing on the bullet recovered from the victim; (2) object to the prosecutor’s closing argument; (3) object to the admission into evidence of a phone call from the victim on the basis of the Confrontation Clause; (4) object to the admission of allegedly irrelevant information from the Petitioner’s computer; and (5) object to the testimony of two of the State’s witnesses. Regarding his claim of prosecutorial misconduct, the Petitioner contends that the prosecutor made multiple arguments during closing argument that were not supported by the evidence. Following a thorough review, we affirm the judgment of the post-conviction court.