Marshall G. Tate v. State of Tennessee

After remand by the Tennessee Supreme Court, we reconsider Petitioner’s, Marshall G. Tate’s, appeal from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.