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Posted by: Landry Butler on Oct 17, 2016

Court: TN Court of Criminal Appeals

Attorneys 1:

Sarah R. King and Kelly A. Gleason, Assistant Post-Conviction Defenders, Nashville, Tennessee, for the appellant, David Lynn Jordan.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Senior Counsel; James G. Woodall, District Attorney General; and Al Earls and Jody S. Pickens, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): GLENN

The petitioner, David Lynn Jordan, appeals the post-conviction court's denial of his petition for post-conviction relief in which he challenged his convictions of three counts of first degree premeditated murder, two counts of felony murder, two counts of attempted first degree murder, two counts of aggravated assault, and one count of leaving the scene of an accident and his sentences of death. On appeal, the petitioner contends that (1) he received ineffective assistance of counsel during both the guilt and penalty phases of the trial; (2) the venue of the trial in Madison County, Tennessee, violated his rights to a fair trial and due process; (3) the State committed prosecutorial misconduct by suppressing evidence; (4) the selection and impaneling of the grand jury was unconstitutional; (5) the post-conviction court erred in denying his motion to continue the evidentiary hearing; (6) the post-conviction court erred in allowing trial counsel to assist the State during the evidentiary hearing; (7) the post-conviction court erred in excluding an expert witness; (8) Tennessee's death penalty scheme is unconstitutional; (9) his death sentence is disproportionate; and (10) cumulative error warrants a new trial. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court.