Ray Armstrong v. State of Tennessee

The Petitioner, Ray Armstrong, was convicted after a jury trial of two counts of sale of 0.5 grams or more of cocaine in a drug-free school zone, two counts of delivery of 0.5 grams or more of cocaine in a drug-free school zone, tampering with evidence, and resisting arrest. The drug charges were merged, and the Petitioner was sentenced to serve an effective sentence of fifty and one-half years in prison. He filed a timely post-conviction petition, alleging that he received ineffective assistance of counsel. The post-conviction court held a hearing and denied relief, and the Petitioner appeals, asserting that trial counsel provided ineffective assistance by failing to inform the Petitioner of his sentencing exposure, failing to review relevant discovery with him, failing to call a witness, and waiving on appeal the trial court’s refusal to instruct on a lesser included offense. We conclude that with respect to each claim, the Petitioner has either failed to establish deficiency or has failed to establish prejudice, and we affirm the denial of relief.