Kelley v. State (Unpublished Memo): Kelley contends that his 25 year sentence for aggravated robbery was based on improper evidence that his attorney didn’t object to. The State had an officer testify, second-hand, that Kelley denied and denied and denied firing his gun — until they started to test his hands for gunpowder residue. Since Kelley’s trial attorney didn’t object, Kelley’s appeal is limited to “fundamental error.” The Tyler court rules that this isn’t a case of fundamental error.
Kelley then urges that his conviction resulted from ineffective assistance of counsel. Based on the Strickland decision, that ground is a no-go as well.
