Brandon D. Middlebrook v. State of Tennessee

The Petitioner, Brandon Middlebrook, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for aggravated burglary, attempted first degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and unlawful possession of a firearm by a convicted felon. He contends that the post-conviction court erred in denying relief on his claims that (1) he was denied due process in the conviction proceedings because the State failed to preserve evidence, (2) he received the ineffective assistance of trial counsel because counsel failed to make a motion pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), related to the missing evidence, and (3) he received the ineffective assistance of trial counsel because counsel was not adequately prepared for the trial. We affirm the judgment of the post-conviction court.