Gary C. Bullington v. State of Tennessee

Petitioner, Gary C. Bullington, was convicted of driving under the influence ("DUI"), felony evading arrest, driving on a revoked license, and two counts of vehicular assault. State v. Bullington, No. M2005-02227-CCA-R3-CD, 2006 WL 1816325, at *1 (Tenn. Crim. App., at Nashville, June 27, 2006), perm. app. denied, (Tenn. Oct. 30, 2006). Petitioner filed a pro se petition for post-conviction relief. The post-conviction court initially determined that the petition was not time-barred because Petitioner did not receive notice of the denial of permission to appeal. After a hearing, the post-conviction court determined that counsel was ineffective in two areas but denied post-conviction relief on the basis that Petitioner did not suffer prejudice as a result of the deficiency. Petitioner now appeals the denial of postconviction relief. After a review of the record, we determine Petitioner has failed to show that he was prejudiced by counsel's actions. Accordingly, the judgment of the postconviction court is affirmed.