Court hears Ferguson appeal over hospital blood evidence and post-trial officer misconduct claims

An appellate panel of the Tennessee Court of Criminal Appeals, Eastern Section, heard oral argument in Knoxville in the appeal of defendant-appellant Harlan Ferguson, who challenges the admissibility and chain of custody of hospital blood used to prove intoxication and contends post-trial revelations about two deputy sheriffs would have undercut the state’s case.

Why it matters: Ferguson’s conviction for per se DUI and related charges rests in part on blood-alcohol testing. Defense counsel said gaps in the chain of custody and later-discovered misconduct allegations against officers involved in the investigation could have changed the jury’s view; the state said record evidence and laboratory testing are sufficient and any impeachment evidence would not have altered the verdict.

Jonathan Harwell, appearing for Ferguson, told the court the appeal focuses on two evidentiary lines: the hospital blood and medical records, and post-trial disclosures. Harwell said officers obtained four vials of blood from UT Medical Center the day after the February 2016 crash under…