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Posted by: Amelia Ferrell Knisely on Apr 5, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Lance R. Chism, Memphis, Tennessee, for the appellant, Gerry Tallant.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jeffrey D. Zentner, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Kirby May and Stacy M. McEndree, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, Gerry Tallant, appeals from the denial of his petition for post-conviction relief from his premeditated first degree murder conviction. He argues that he received ineffective assistance of counsel because counsel failed to argue in the motion to suppress that: (1) he was arrested on the murder charge although the officers lacked probable cause; (2) he was detained for a custodial interrogation although the officers lacked probable cause; and (3) he was seized without reasonable suspicion. After review, we affirm the denial of the petition.