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Panel hears arguments over excluded use‑of‑force expert in Potts post‑conviction hearing
Summary
At a post‑conviction hearing, petitioner counsel argued trial counsel was ineffective for not calling use‑of‑force expert Melvin Brown to explain the alleged victim’s specialized military training and dangerousness; the state countered that the expert invaded the jury’s province and that admission would not have changed the verdict.
Mister Murphy, counsel for the petitioner, told a post‑conviction panel that trial counsel was ineffective for failing to call Melvin Brown, a use‑of‑force expert, whose testimony would have explained why the alleged victim’s specialized military training and prior threats made him dangerous and relevant to a claim of self‑defense. ‘‘She threw the baby out in the bathwater,’’ Murphy said, arguing the trial judge erred by excluding the expert wholesale rather than limiting testimony to technical matters.
The argument matters because the admission of expert testimony could affect whether a jury fairly considered whether Mister Potts’ actions were reasonable. The state, represented by Ben Veil, told the panel that Tennessee Supreme Court precedent (Dellinger) controls post‑conviction…
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