Kelvin Winn v. State of Tennessee, W2016-02200-CCA-R3-PC

Petitioner Kelvin Winn was convicted of first-degree felony murder (life sentence) for the 11/21/2008 robbery/shooting of a convenience‑store clerk; conviction affirmed on direct appeal.
Key prosecution evidence: store surveillance video showing a masked, gloved shooter; eyewitness Patricia Jean who identified Winn from a photographic array; jailhouse informant Antonio Johnson who testified Winn confessed; other eyewitnesses described clothing, mask, and approximate height.
Defense at trial: alibi testimony (family/cousin placing Winn in Tunica around the relevant dates), expert on eyewitness identification, and cross‑examination of identification witnesses and Johnson.
Post‑conviction claims: ineffective assistance of trial counsel for failing to (1) obtain/enhance the surveillance video, (2) present Winn’s actual height to the jury, (3) test Winn’s clothing for the victim’s blood, and (4) investigate/impeach jailhouse informant Johnson for an alleged deal.
At the post‑conviction evidentiary hearing only Winn testified (trial counsel had died); the post‑conviction court found counsel’s performance adequate and denied relief.
Court of Criminal Appeals affirmed, concluding Winn failed to prove prejudice under Strickland; the court treated Jean’s identification as the State’s strongest evidence and found the alleged omissions unlikely to have changed the verdict.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to obtain/enhance surveillance video	Counsel should have produced an enhanced video that would better show shooter’s build, height, and complexion and could have exculpated Winn	Video merely showed a masked shooter; the identification was not based on the video; enhancement unlikely to change outcome	No prejudice; denial of relief affirmed
Failure to proffer Winn’s actual height	Counsel should have proved Winn was 5'11" to contradict witness estimate (5'8"–5'9") and undermine ID	Height discrepancy of a few inches would not overcome eyewitness ID (Jean’s lineup ID was pivotal)	No prejudice; denial of relief affirmed
Failure to test clothing for victim’s blood	Testing could have shown absence of victim’s blood, supporting Winn’s alibi/non‑presence	Clothing from Winn could not reliably be tied to the day of the offense seven weeks later; testing results not produced at hearing	No prejudice; denial of relief affirmed
Failure to investigate/impeach jailhouse informant Johnson	Counsel should have uncovered a deal or statements showing Johnson lied to get out of jail and used that to impeach him	Counsel cross‑examined Johnson about prior testimony and informed court sought disclosure of any promises; petitioner offered no corroborating proof of a deal	No prejudice; denial of relief affirmed

Strickland v. Washington, 466 U.S. 668 (establishing two‑prong ineffective assistance standard)
Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (counsel performance standard in Tennessee)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (deficiency and prejudice framework for ineffective assistance)
Finch v. State, 226 S.W.3d 307 (Tenn. 2007) (no need to address both Strickland prongs if one is not met)
Black v. State, 794 S.W.2d 752 (Tenn. Crim. App. 1990) (post‑conviction must introduce evidence to support claims)