Kevin Waggoner v. State of Tennessee

Petitioner, Kevin Waggoner, appeals the denial of his petition for post-conviction relief, arguing (1) the trial court participated in an ex parte jury proceeding which violated hisright to an impartial jury; (2) his trial counsel was ineffective for failing to attend the jury proceeding at the local high school; (3) his trial counsel was ineffective for failing to move to remove a juror who admittedduring trial that she knew one of the State’s witnesses; (4) his appellate counsel was ineffective for failing to request a subpoena duces tecum for a single record from a juror’s Facebook record; (5) the post-conviction court erred in denying a subpoena duces tecum for the juror’s Facebookaccount; and (6) the cumulative errors undermine confidence in the verdict. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.