Pharma Conference Education, Inc. v. State of Tennessee (Concurring)

In 2015, a Knox County jury convicted the Petitioner, Jabriel Linzy, of first-degree murder,attempted first-degree murder, and employment of a firearm during the commission of adangerous felony. The trial court sentenced him to life in prison for the first degree murderconviction, fifteen years for the attempted first degree murder conviction, and six years forthe conviction of employing a firearm during the commission of a dangerous felony. Thetrial court ordered that the two shorter sentences be served consecutively to each other butconcurrently with the life sentence. The Petitioner appealed his convictions, and this courtaffirmed. State v. Linzy, No. E2016-01052-CCA-R3-CD, 2017 WL 3575871, at 1 (Tenn.Crim. App. Aug. 18, 2017), perm. app. denied (Tenn. Nov. 16, 2017). The Petitioner fileda petition for post-conviction relief. After a hearing, the post-conviction court grantedpost-conviction relief, concluding that trial counsel was ineffective for failing to object toinadmissible social media evidence in conjunction with not eliciting testimony about thePetitioner's prior conflict with the victim and that trial counsel's performance prejudicedthe Petitioner. On appeal, the State contends that the post-conviction court erred becausetrial counsel made a reasonable strategic decision when failing to object to the social mediaevidence and because the Petitioner cannot show that trial counsel's performanceprejudiced him. After review, we affirm the post-conviction court's judgment.