Morris Jason Pepper v. State of Tennessee

Syllabus

The Petitioner, Morris Jason Pepper, was convicted of first degree premeditated murder in 2000 and was sentenced to life imprisonment. In 2022, the Petitioner, with the assistance of counsel, filed a motion to reopen his petition for post-conviction relief, arguing that new scientific evidence established his actual innocence, referencing issues of inconsistent testimony, chain of custody, and the existence of alibi witnesses. He simultaneously filed a petition requesting touch DNA analysis of the several shotgun shells found at the murder scene and in the front yard of his home for the possible presence of either canine DNA or his codefendant's DNA, contending that analysis was pertinent to answer the question of who or what might have touched the shells. A hearing was held on the Petitioner's motion to reopen and his DNA petition, following which the post-conviction court denied relief in a single order. The Petitioner now appeals that decision, and he also requests relief via the doctrine of plain error due to the possible existence of a recording of his police interview and due to the destruction of evidence. Following our review, we affirm the judgment of the post-conviction court.