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Posted by: Landry Butler on Aug 14, 2017

Court: TN Court of Criminal Appeals

Attorneys 1:

Wesley D. Stone, Knoxville, Tennessee, for the Appellant, Jerry Phillips.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Lacy E. Wilber, Senior Counsel; M. Todd Ridley, Assistant Attorney General; Jared R. Effler, District Attorney General; and Thomas E. Barclay and Lindsey C. Cadle, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Jerry Phillips, appeals the denial of his request for post-conviction relief from his four convictions for aggravated sexual battery. The Petitioner contends that trial counsel’s failure to object to the trial court’s jury selection procedures in this case, which deviated from Tennessee Rule of Criminal Procedure 24, as recognized in State v. Frausto, 463 S.W.3d 469 (Tenn. 2015), amounted to ineffective assistance and that appellate counsel was likewise ineffective for failing to argue for plain error review of this issue on appeal. He further submits that the jury selection process violated his rights to due process of law, to a fair and impartial jury, and to intelligently exercise his peremptory challenges. After a thorough review of the record and the applicable authorities, we affirm the judgment of the post-conviction court.