Keenan Scott McNeal v. State of Tennessee, E2017-00281-CCA-R3-PC

McNeal was convicted (8-year sentence) for sale of ≥0.5 g cocaine within 1,000 feet of a child care facility; the sale was captured on a video recording and involved a confidential informant who died before trial.
The recording (video + audio) and still photos showing McNeal handing a small bag to the informant were admitted at trial; the informant did not testify because of death.
McNeal appealed and his conviction was affirmed; he then filed a post-conviction petition alleging ineffective assistance of trial and appellate counsel.
At the post-conviction hearing, trial counsel testified about strategy: he reviewed recordings with McNeal, challenged chain of custody and sufficiency (arguing the recording did not show drugs), and chose not to pursue a futile suppression motion given existing case law.
McNeal testified he had limited meetings with trial counsel, was told (according to him) that testifying would cost his appellate rights, and that appellate counsel did not consult with him; the post-conviction court credited counsel’s testimony over McNeal’s.
The post-conviction court denied relief; the Court of Criminal Appeals affirmed, finding counsel’s choices within reasonable professional judgment and no Strickland prejudice.

Issue	McNeal's Argument	State's Argument	Held
Ineffective assistance — failure to file motion to suppress recording	Counsel should have moved to suppress recording before informant died; informant testimony could have aided defense	Counsel reasonably declined because motion would be futile under controlling law and instead attacked evidentiary sufficiency/chain of custody	Denied — counsel not deficient for declining a futile motion; strategy was reasonable
Ineffective assistance — inadequate preparation	Counsel met too little; failed to prepare on admissibility issues and witnesses	Counsel met sufficiently given facts, reviewed evidence, and adapted strategy after adverse rulings in related cases	Denied — court credited counsel’s testimony; no deficient performance shown
Ineffective assistance — improper advice re: testifying	Counsel told McNeal testifying would forfeit his right to appeal, causing McNeal not to testify	Counsel denied giving that advice; court found McNeal did not show specific testimony he would have given	Denied — court credited counsel; no prejudice proven
Ineffective assistance of appellate counsel	Appellate counsel failed to raise admissibility of recording and didn’t consult McNeal	Appellate counsel properly exercised discretion; raised sufficiency claim and lacked legal basis for suppression claim	Denied — tactical choice within counsel’s discretion; no meritorious suppression argument identified

Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective assistance standard)
Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post-conviction factual findings afforded deference)
Fields v. State, 40 S.W.3d 450 (Tenn. 2001) (standards for post-conviction review and appellate scope)
Melson v. State, 772 S.W.2d 417 (Tenn. 1989) (application of Strickland under Tennessee Constitution)
Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975) (competence standard for counsel performance)
Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (failure to prove either Strickland prong is sufficient)
Carpenter v. State, 126 S.W.3d 879 (Tenn. 2004) (appellate counsel issue-selection is afforded deference)