Jerry Burkes v. State of Tennessee

The Petitioner, Jerry Burkes, appeals from the Greene County Criminal Court’s denial of his petition for post-conviction relief from his convictions for money laundering, theft of property valued at $60,000 or more, and twelve counts of sales tax evasion. On appeal, he argues he received ineffective assistance of appellate counsel. The Petitioner also contends that the State violated Brady v. Maryland, 373 U.S. 83 (1963), by withholding records relevant to his tax liability; that he was convicted upon an invalid presentment; that he was deprived of a fair and impartial grand jury in violation of the Fourteenth Amendment; that the trial court admitted evidence at trial in violation of Tennessee Rule of Evidence 404(b); and that the evidence is insufficient to sustain his conviction for money laundering.1 After reviewing the record, we conclude that the Petitioner failed to establish that he received ineffective assistance from appellate counsel and that the remainder of the Petitioner’s claims have been previously determined, waived, or do not entitle him to relief. Accordingly, we affirm the post-conviction court’s denial of relief.