JERRY BRANDON PHIFER v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Feb 23, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

Wesley Clark, Nashville, Tennessee, for the appellant, Jerry Brandon Phifer.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Nicholas S. Bolduc, Assistant Attorney General; Glenn R. Funk, District Attorney General; and Doug Thurman, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): EASTER

Petitioner, Jerry Brandon Phifer, appeals the denial of his petition for post-conviction relief from his convictions for aggravated burglary and theft of property valued over $1000. Petitioner argues that he received ineffective assistance of counsel and that his convictions were based on evidence obtained in violation of the Fourth Amendment of the United States Constitution. After a review of the record and the briefs of the parties, we determine Petitioner has failed to establish that he received ineffective assistance of counsel and Petitioner’s Fourth Amendment claim is waived. Accordingly, the judgment of the post-conviction court is affirmed.

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