Gabriel Buchanon v. State of Tennessee
E2019-01989-CCA-R3-PC
| Tenn. Crim. App. | Jul 12, 2021Background
- Gabriel Buchanon was convicted by a jury of three counts of aggravated rape and one count of aggravated burglary and sentenced to an effective 23 years; convictions were previously affirmed on direct appeal.
- Key prosecution evidence: the victim’s identification by voice (played about a year after the crime), DNA from Buchanon’s blood matching a minor DNA profile on a towel found at the scene, and surveillance showing Buchanon with co-defendant Thaddeus Reid ~15 hours after the offense; Reid is Buchanon’s uncle.
- At trial Reid had been tried separately (and convicted); the prosecution used Reid’s identification and TBI DNA results to obtain a warrant for Buchanon’s blood draw.
- Buchanon filed a pro se post-conviction petition alleging multiple instances of ineffective assistance of trial counsel (failure to meet/communicate, investigate, obtain discovery, file suppression motions, consult an expert, present gas-station photos/towels/medical records, and request a continuance).
- After an evidentiary hearing the post-conviction court credited trial counsel’s testimony (counsel met with Buchanon, attempted investigation, negotiated that the voice exemplar not be played), found counsel’s decisions reasonable, and concluded Buchanon failed to prove deficient performance or prejudice.
- This Court affirmed the denial of post-conviction relief, applying Strickland and Tennessee post-conviction standards and deferring to the trial court’s credibility findings.
Issues
| Issue | Buchanon's Argument | State's Argument | Held |
|---|---|---|---|
| Counsel failed to meet and confer / seek continuance | Counsel rarely met; Buchanon wanted more time and intended to retain new counsel | Counsel did meet multiple times in jail and by phone; Buchanon was uncooperative after bond; counsel was prepared | No deficiency — court credited counsel and found no prejudice |
| Failure to investigate / call witnesses (victim interview, Reid, towels, medical records) | Counsel did not adequately interview victim or pursue exculpatory explanations for DNA on towel; failed to obtain medical records showing cast | Counsel attempted to interview victim (mother refused), tested family towels, declined to call Reid as incredible; no records produced at hearing to substantiate cast | No deficiency or prejudice — investigation was reasonable and documentary proof lacking |
| Failure to obtain/discover and use evidence (gas-station photos, victim statement, voice exemplar) | Counsel did not secure surveillance photos, victim statement, or voice exemplar pretrial | Counsel reviewed Reid’s trial testimony and the victim’s statement at trial; counsel recalled listening to the voice exemplar and negotiated that it not be played | No deficiency or prejudice — counsel used available materials and prevented the voice tape from being played at trial |
| Failure to file suppression motions and consult voice expert | Counsel should have moved to suppress the warrant/blood draw and voice identification and retained a voice expert | Counsel negotiated that exemplar not be played; no basis shown that suppression would have succeeded; no expert proffer at hearing | No deficiency or prejudice — no showing suppression would succeed or that expert testimony would have altered verdict |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective assistance standard: deficiency + prejudice)
- State v. Burns, 6 S.W.3d 453 (Tenn. 1999) (counsel’s duty to investigate; reasonableness standard)
- Dellinger v. State, 279 S.W.3d 282 (Tenn. 2009) (prejudice analysis under Strickland)
- Ward v. State, 315 S.W.3d 461 (Tenn. 2010) (post-conviction factual findings are conclusive absent preponderance)
- Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (trial court resolves credibility and weight of testimony)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (deference to trial court on witness credibility)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (no need to address both Strickland prongs if one fails)
- Black v. State, 794 S.W.2d 752 (Tenn. 1990) (petitioner must present missing witnesses at evidentiary hearing)