Dwight Michael Alston v. State of Tennessee

Syllabus

The Petitioner, Dwight Michael Alston, appeals the post-conviction court's denial of his petition for post-conviction relief in which he challenged his conviction for first degree premeditated murder. The Petitioner maintains that trial counsel was ineffective for advising him not to testify and for failing to investigate and raise issues regarding the competence of the Petitioner's son. Additionally, the Petitioner asserts that the postconviction court erred in finding that appellate counsel was ineffective for failing to raise issues on appeal that were included in the motion for new trial. The Petitioner also argues that the post-conviction court erred in not allowing a continuance or bifurcated hearing so that appellate counsel could be present to testify. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.