James Carroll v. State of Tennessee

The Petitioner, James Carroll, filed a petition seeking post-conviction relief from his convictions of aggravated assault and driving under the influence (DUI), second offense and effective four-year, six-month sentence. In the petition, the Petitioner alleged that (1) the State violated his due process rights by failing to collect and preserve evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), and that (2) his trial counsel was ineffective (a) by failing to challenge the State’s Ferguson violation and (b) by advising the Petitioner to waive his motion for new trial and his direct appeal. Upon review, we affirm the judgment of the post-conviction court.