BRIAN DUNKLEY v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Jul 5, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Jodie A. Bell, Nashville, Tennessee, for the appellant, Brian Dunkley.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Sophia S. Lee, Senior Counsel; Glenn R. Funk, District Attorney General; and Pamela Anderson and Megan King, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): WILLIAMS

The Petitioner, Brian Dunkley, was convicted after a jury trial of conspiracy to commit first degree murder for his involvement in a plot to murder his wife. The Petitioner filed a post-conviction petition alleging that he received the ineffective assistance of counsel when his trial counsel failed to provide advice during plea bargaining, failed to challenge the State’s loss or destruction of evidence, failed to suppress evidence on the basis of an invalid warrant, failed to suppress evidence on the basis of an invalid subpoena, and failed to introduce evidence regarding his location at the time of a co-defendant’s arrest. After a hearing, the post-conviction court denied relief. We conclude that the Petitioner has failed to show that he received the ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court.

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