The Tennessee Criminal Court of Appeals denied Thursday a convicted Chattanooga cop killer's plea for relief from death row.
Hamilton County Court Judge Don Poole made the right call when he denied Marlon Kiser's argument of insufficient defense in July 2016, according to the appeals court decision.
Prosecutors said Kiser ambushed officer Donald Bond early on the morning of Sept. 6, 2001, spraying bullets from a high-powered rifle when the Hamilton County Sheriff's Office deputy interrupted Kiser's attempt to set fire to a fruit stand on East Brainerd Road.
Kiser argued his roommate was the murderer instead, and that his defense failed him by never calling a particular witness who could testify to that effect.
The appeals decision, however, said Kiser's attorney tried to paint his roommate as a killer with other witnesses.
It just didn't work.
The jury found Kiser guilty of murder and sentenced him to death.
"The jury rejected the petitioner's theory that [his roommate] was the perpetrator and that the petitioner had been framed by the police," the decision says. "Therefore we conclude that the petitioner has failed to establish either deficiency or prejudice from the failure to call [someone] as a witness at trial."
It's unclear when Kiser's execution date is or whether he'll challenge the appeals' decision at a higher court.
Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347. Follow him on Twitter @zackpeterson918.