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Posted by: Amelia Ferrell Knisely on May 6, 2016

Head Comment: Corrected opinion. Original opinion issued May 5, 2016.

Court: TN Court of Criminal Appeals

Attorneys 1:

James R. Smith, Murfreesboro, Tennessee, for the Appellant, Dallas Jay Stewart.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Robert J. Carter, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge(s): OGLE

The Petitioner, Dallas Jay Stewart, appeals from the denial of his petition seeking post- conviction relief from his convictions of rape of a child, aggravated sexual battery, and exhibition of harmful material to a minor. On appeal, the Petitioner contends that the post-conviction court erred by finding that trial counsel was not ineffective by failing to object to testimony that the Petitioner took a polygraph test and by “opening the door” to evidence of an uncharged allegation that the Petitioner committed a sexual offense in Williamson County. The Petitioner further contends that the post-conviction court erred by refusing to grant a continuance to allow the Petitioner additional time to prepare for the post-conviction hearing. Upon review, we affirm the judgment of the post-conviction court.