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Posted by: Tanja Trezise on May 19, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Bryan R. Huffman, Covington, Tennessee, for the appellant, Kelvin Winn.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Amy P. Weirich, District Attorney General; and Michael McCusker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

The Petitioner, Kelvin Winn, was convicted of first degree felony murder and received a life sentence. He filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the Petitioner argues that trial counsel’s performance was deficient for failing to: (1) obtain an enhanced version of the surveillance video of the gas station; (2) proffer actual evidence of the Petitioner’s height to the jury; (3) submit the Petitioner’s clothing to be tested for blood; and (4) investigate the State’s jailhouse informant for possible impeachment evidence. The Petitioner asserts that he was prejudiced by trial counsel’s deficient performance because, absent these deficiencies, the jury would not have convicted the Petitioner. Discerning no error in the post-conviction court’s decision, we affirm.