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Posted by: Landry Butler on May 31, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Forrest L. Wallace, Knoxville, Tennessee, for the appellant, Deadrick Garrett.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Robert W. Wilson, Assistant Attorney General; Charme Allen, District Attorney General; and Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HOLLOWAY

Deadrick Garrett (“the Petitioner”) appeals the Knox County Criminal Court’s denial of post-conviction relief from his conviction for first-degree premeditated murder and resulting life sentence. On appeal, the Petitioner argues that he received ineffective assistance of counsel based on trial counsel’s failure to: (1) communicate with the Petitioner and adequately explain criminal and trial procedure; (2) review discovery with the Petitioner, including witness statements and forensic evidence; (3) have the Petitioner evaluated by a mental health expert and pursue a diminished capacity theory of defense; (4) anticipate that the trial court would deny a self-defense jury instruction and develop a viable alternative defense; and (5) object to the Petitioner’s demonstrating on cross- examination that he could open the knife used in the murder with one hand. The Petitioner further asserts that trial counsel improperly: (6) advised a defense witness to be hostile towards the victim; (7) instructed the Petitioner to “cry on cue”; and (8) fabricated the Petitioner’s trial testimony “so as to create some justification for [the Petitioner’s] stabbing [the victim].” After a thorough review of the appellate record and applicable law, we affirm the judgment of the post-conviction court.