Jessica Marie Myers v. State of Tennessee, E2015-02037-CCA-R3-CD

Background

Jessica Marie Myers was convicted (jury) of first-degree premeditated murder (later merged), two counts of felony murder, and reckless endangerment for a burglary during which Jimmy Cutshall was killed and Rhonda Cutshall was shot; she was tried under a theory of criminal responsibility and is serving an effective life sentence.
Codefendant Shawn Jones was tried and convicted earlier; a second codefendant, Chad Rader, pleaded guilty to a lesser offense after Myers’ trial.
Key physical evidence included a glove recovered in a bag from Jones’s house that contained a fingernail identified as Myers’s and DNA from three people; other clothing in the bag had various DNA/blood findings.
Myers asserted in post-conviction proceedings that trial counsel was ineffective for (1) mishandling DNA evidence (not fully exploiting degradation/contamination theories, not seeking independent testing, not having her identify clothing), (2) failing to timely or properly move to suppress her pretrial statements, (3) failing to raise certain issues on direct appeal, and (4) failing to move to dismiss Count 1 of the indictment in a timely manner when the “true bill” box was unchecked.
At the post-conviction hearing, trial counsel testified to strategic reasons for his decisions (cross-examined TBI expert about inability to time DNA deposition, pursued battered-woman-type defense, sought but was denied funds for a second psychiatric expert, chose appellate issues he thought meritorious, delayed raising the indictment defect to prevent curing by the State).
The post-conviction court denied relief; the Court of Criminal Appeals affirmed, finding Myers failed to prove deficiency and prejudice under Strickland and that many complaints reflected reasonable tactical choices or were waived.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Adequacy of counsel’s handling of glove/fingernail DNA	Myers: counsel failed to elicit evidence about degraded DNA timing, failed to have her explain prior glove use, and should have suppressed the evidence	State: counsel cross‑examined expert on inability to time DNA, raised contamination, and the fingernail only corroborated presence; no constitutional basis to suppress	Denied — no deficient performance or prejudice shown; testing could not date deposition and fingernail merely corroborated presence
Failure to file motion to suppress pretrial statements	Myers: statements were taken while impaired/coerced (Xanax, scared) and should have been suppressed	State: record shows Myers sought to speak to police; issue as argued in post‑conviction was not raised below	Waived — claim not raised in post‑conviction petitions; not addressed on merits
Failure to raise certain appellate issues (suppression, DNA, change of venue, sufficiency)	Myers: counsel failed to consult and omitted meritorious appellate claims	State: counsel exercised professional judgment to raise issues he believed viable; not required to raise every conceivable issue	Denied — counsel’s choices were reasonable strategy; Myers did not show prejudice
Untimely motion to dismiss Count 1 (true bill box unchecked)	Myers: counsel should have moved earlier to dismiss Count 1 for indictment defect	State: counsel strategically waited to prevent State from curing; even if error existed it was waived or harmless because felony murder counts remained and were merged	Denied — no deficient performance shown; dismissal would not have benefited Myers given felony murder convictions and merger

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance: performance and prejudice)
Lockhart v. Fretwell, 506 U.S. 364 (U.S. 1993) (prejudice inquiry under Strickland)
Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post‑conviction burden and deference to trial court findings)
Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (standards for reviewing post‑conviction factual findings and mixed questions)
Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (competence standard for counsel’s performance)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (failure to prove either Strickland prong is sufficient to deny relief)
Carpenter v. State, 126 S.W.3d 879 (Tenn. 2004) (counsel not required to raise every conceivable appellate issue)
Pylant v. State, 263 S.W.3d 854 (Tenn. 2008) (deference to trial strategy unless choices uninformed)
Cooper v. State, 847 S.W.2d 521 (Tenn. Crim. App. 1992) (strategic choices acceptable if based on adequate preparation)
Adkins v. State, 911 S.W.2d 334 (Tenn. Crim. App. 1994) (no relief for second‑guessing reasonable trial strategy)