Derry Lavelle Lovins v. State of Tennessee

Following a jury trial, Petitioner was convicted of second degree murder and sentenced to twentythree years in the Department of Correction. On direct appeal, this Court affirmed his conviction. State v. Derry Lavelle Lovins, No. W2003-00309-CCA-R3-CD, 2004 WL 224482, at *1 -7 (Tenn. Crim. App., at Jackson, Feb. 4, 2004), perm. app. denied (Tenn. Mar. 5, 2007). Petitioner then filed a pro se petition for post-conviction relief. Petitioner was appointed counsel and an evidentiary hearing was held. The trial court subsequently denied the petition and a timely notice of appeal was filed. After a review of the record, this Court determined that Petitioner was entitled to a delayed appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. The remaining post-conviction proceedings were stayed pending the delayed appeal. On March 5, 2007, the supreme court denied Petitioner’s delayed appeal. We now address Petitioner’s remaining claims for post-conviction relief. Petitioner argues that he is entitled to post-conviction relief because (1) he received ineffective assistance of counsel, (2) his constitutional rights were violated by the State’s failure to disclose physical evidence during discovery, (3) he was prejudiced by the trial judge’s facial expressions, and (4) the jury reached a compromised verdict. After a thorough review of the record, we affirm the judgment of the post-conviction court.