Christopher Terrell Shipp v. State of Tennessee

Christopher Terrell Shipp, Petitioner, was convicted of one count of criminally negligent homicide, one count of felony murder, two counts of attempted aggravated robbery, and one count of attempted second degree murder after a jury trial. He was sentenced to an effective sentence of life in prison. On direct appeal, Petitioner challenged the sufficiency of the evidence and the admission of the preliminary hearing testimony of one of the victims in the home invasion. State v. Shipp, No. M2016-01397-CCA-R3-CD, 2017 WL 4457595, at *1-2 (Tenn. Crim. App. Oct. 5, 2017), perm. app. denied (Tenn. Feb. 14, 2018). Petitioner filed a pro se petition for post-conviction relief seeking post-conviction relief on the basis of ineffective assistance of counsel. An amended petition filed after counsel was appointed raised additional claims, including a Brady claim based on the State’s withholding of a witness statement before the preliminary hearing. After an evidentiary hearing, Petitioner sought removal of his appointed counsel. This Court denied Petitioner’s application for an extraordinary appeal and the post-conviction court denied the petition for post-conviction relief. Eventually, Petitioner was allowed to proceed pro se on appeal. Because Petitioner has either waived his issues or failed to prove his allegations by clear and convincing evidence, we affirm the judgment of the post-conviction court.