The TCCA affirmed the post-conviction court's ruling [Doc. 9-27] and the TSC denied discretionary review [Doc. 9-31]. Phillips v. State, No. E2016-01083-CCA-R3-PC, 2017 WL 3475529, at *1 (Tenn. Crim. App. Aug. 14, 2017) ("Phillips II"). Finally, Petitioner filed the instant petition [Doc. 2].
Petitioner next filed a petition for post-conviction relief, alleging ineffective assistance of trial and appellate counsel based on the failure to object to the trial court's jury selection procedures. Phillips v. State, No. E2016-01083-CCA-R3-PC, 2017 WL 3475529, at *1 (Tenn. Crim. App. Aug. 14, 2017), perm. app. denied (Tenn. Jan. 18, 2018)
Additionally, because Petitioner has not established any prejudice resulting from these statements by the prosecutor, he has not established that he would have been entitled to plain error relief had the issue been raised on direct appeal. See Jerry Phillips v. State, No. E2016-01083-CCA-R3-PC, 2017 WL 3475529, at *8 (Tenn. Crim. App., at Knoxville, Aug. 14, 2017).