KEVIN WAGGONER v. STATE OF TENNESSEE - Articles

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Posted by: Azya Thornton on May 28, 2026

Court: TN Court of Criminal Appeals

Attorneys 1: Autumn M. Bowling, Knoxville, Tennessee, for the appellant, Kevin Waggoner.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Katherine C. Redding, Senior Assistant Attorney General; Jared R. Effler, District Attorney General; and Rondeau T. Laffitte, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): AYERS

Petitioner, Kevin Waggoner, appeals the denial of his petition for post-conviction relief, arguing (1) the trial court participated in an ex parte jury proceeding which violated his right to an impartial jury; (2) his trial counsel was ineffective for failing to attend the jury proceeding at the local high school; (3) his trial counsel was ineffective for failing to move to remove a juror who admitted during trial that she knew one of the State’s witnesses; (4) his appellate counsel was ineffective for failing to request a subpoena duces tecum for a single record from a juror’s Facebook record; (5) the post-conviction court erred in denying a subpoena duces tecum for the juror’s Facebook account; and (6) the cumulative errors undermine confidence in the verdict. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

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