Orlando Crenshaw v. State of Tennessee

The petitioner, Orlando Crenshaw, convicted of attempted first degree murder, appeals the post-conviction court's denial of his petition for relief. He asserts that (1) the trial court erred by failing to provide jury instructions on the appropriate lesser included offenses and that his counsel was ineffective for failing to raise the issue on direct appeal; (2) that the trial court erred by failing to comply with the requirements of Momon v. State, 18 S.W.3d 152 (Tenn. 1999), and that his trial counsel was ineffective for failing to adequately prepare him to testify at trial; (3) that the state failed to prove that the offense occurred before the return of the indictment; (4) that the state engaged in prosecutorial misconduct by using false statements to secure the indictment and soliciting false testimony at trial; (5) that the trial court erred by providing a misleading jury instruction on the issue of criminal responsibility and that his counsel was ineffective for failing to present the issue as a ground for relief on direct appeal; (6) that the trial court erred by failing to provide a limiting instruction with regard to certain of the evidence; (7) that he was denied the right to a fair trial because the same jury pool used in the trial of his co-defendant was used for his trial and that his counsel was ineffective for failing to object to the jury pool; (8) that he was denied the right to a fair trial because of a violation of Brady v. Maryland, 373 U.S. 83 (1963); and (9) that the state denied his right to a fair trial by utilizing mutually exclusive theories in his trial and that of his co-defendant. For the reasons set forth in this opinion, the judgment of the post-conviction court is reversed, the conviction is set aside, and the cause is remanded for a new trial.