Criminal Cases – Opinions Released in Calendar Year 2023

Marshall G. Tate v. State of Tennessee (Post-Conviction Relief – Allegation of Ineffective Assistance of Counsel)

Style: Marshall G. Tate v. State of Tennessee

TSC Docket Number: M2022-01358-SC-R11-PC

Court of Criminal Appeals Opinion:

Summary by the Court of Criminal Appeals:

Petitioner, Marshall G. Tate, appeals 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.

Permission to Appeal Granted: November 22, 2023

Appellants’ Briefs Filed: 

Appellees’ Briefs Filed:

Appellants’ Reply Brief Filed:

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: 

Link to Oral Argument Video:  

Date of TSC Opinion: November 22, 2023

Opinion of the TSC: 

TSC Summary of the Opinion:

Upon consideration of the application for permission to appeal of Marshall G. Tate, and the record before us, the application is summarily granted for the purpose of vacating the judgment of the Court of Criminal Appeals and remanding the case to the trial court for entry of a sufficient order resolving the petition for post-conviction relief


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