MICHAEL PRESSON v. STATE OF TENNESSEE - Articles

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Posted by: Landry Butler on Apr 26, 2018

Court: TN Court of Criminal Appeals

Attorneys 1:

William D. Massey and Chelsea A. Harris, Memphis, Tennessee, for the appellant, Michael Presson.

Attorneys 2:

Herbert H. Slatery III, Attorney General and Reporter; Jonathan H. Wardle, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): THOMAS

The Petitioner, Michael Presson, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that trial counsel was ineffective for failing to present an “economic motive” defense and failing to call witnesses at trial to support that defense; (2) that trial counsel was ineffective by failing to request a severance for charges that involved two separate victims; (3) that trial counsel was ineffective in failing to challenge certain jurors during voir dire; (4) that trial counsel was ineffective by failing “to call” the Petitioner as a witness at trial; (5) that trial counsel was ineffective for failing to object to the State’s references to the term “pedophile” and to pornography during its closing argument; (6) that the trial court erred by failing to instruct the jury on certain lesser-included offenses and that trial counsel was ineffective in failing to request such instructions; (7) that trial counsel “was ineffective for failing to request that the trial court require the State to make an election of offenses” and “by failing to object to the trial court judge’s election of offenses”; and (8) that post-conviction relief is warranted due to cumulative error. Following our review, we affirm the judgment of the post-conviction court.

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