Joseph Sanford McNair, Jr. v. State of Tennessee

Syllabus

The Petitioner, Joseph Sanford McNair, Jr., filed a petition for post-conviction relief from his convictions of possession of cocaine with intent to deliver, possession of cocaine with intent to sell, and possession of marijuana and the accompanying effective twelve-year sentence. In the petition, the Petitioner alleged that trial counsel was ineffective (1) by failing to pursue a Sixth Amendment claim regarding the racial composition of the jury pool (2) by failing to pursue a claim regarding the \constructive amendment in the indictment\ and (3) by failing to fully pursue the Petitioner's Fourth Amendment rights during a motion to suppress. The Petitioner also raises two free-standing claims: (1) his Sixth Amendment right to a jury composed of a fair cross-section of the community was violated because black people were underrepresented in the jury pool and (2) his rights against double jeopardy were violated when the trial court allowed the indictment to be constructively amended after the jury rendered its verdict. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.