Court of Criminal Appeals of Tennessee, Nashville
Session Date February 10, 2015
Appeal from the Criminal Court for Davidson County No. 2008-B-1760 Monte Watkins, Judge
Richard C. Strong, Nashville, Tennessee, for the appellant, Harvey Taylor.
Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Glenn Funk, District Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee.
Timothy L. Easter, J., delivered the opinion of the Court, in which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr., J., joined.
TIMOTHY L. EASTER, JUDGE
Factual and Procedural Background
In 2008, Petitioner was indicted by the Davidson County Grand Jury with one count of aggravated rape. On August 20, 2009, Petitioner pled guilty to the lesser included offense of rape and was sentenced to twelve years' incarceration. At the plea submission hearing, the State provided the following factual basis for Petitioner's plea:
[O]n May the 4th, 2007 [the Petitioner] entered [the victim's] room and had vaginal-penile intercourse with her. The witnesses would [have] testified that [the victim], who is a patient at Madison Health Care and Rehabilitation Center, which is a nursing home in Davidson [C]ounty, was seventy years old at [the] time, suffered from advanced condition of bipolar, diabetes, and a host of other ailments.
When Charlotte Boyd, on May the 5th, 2007-who is a certified nurse technician-entered [the victim's] room to find out how she was doing and take her to get a shower[, ] [the victim] was very upset. She began telling [the] nurse-or, Certified Nurse Technician Boyd, again and again, that a large black man had entered her room last night and had had sex with her. At one point Ms. Boyd was continually asking her "What do you mean?" And the victim in the case used her hands to explain that this man had inserted his penis into her vagina. And she actually made hand gestures to convince Ms. Boyd that there was a problem.
Ms. Boyd, following the chain of command, reported the rape to Marcia Patterson. And as Marcia Patterson began to approach [the victim] to ask her about the incident [the victim] was frantically telling other CNTs, including Pamila Hatton, Diane Heddon, and Shawnta Brown, what had happened. At one point [the victim] was so upset that she poured water on the floor, [claiming] that her water just broke and that she needed someone to take her to the emergency room immediately because she was having a baby.
Finally, Linda Thompson who is the primary nurse of [the victim] was notified. And [the victim] . . . was taken into a room where Nurse Thompson began to ask her questions about what had happened last night. [The victim] reported over and over to Nurse Thompson that the man had come into her room, that he had put her legs over [his] shoulder, and that he had inserted his penis into her vagina.
At that point Detective Jason Terry with the Metropolitan Police Department was notified and met Linda Thompson and [the victim] at General Hospital. At General Hospital, Nurse Practitioner Beverly Byrum (ph.) would have testified that . . . she began doing a medical-legal exam. As part of the medical-legal exam she collected the victim's panties. She would have testified that she noted that there was blood in the crotch of [the victim's] panties. And during the medical-legal exam she noted bruising to the victim's inner thigh, a hematoma in the victim's vaginal wall, and small tears to all the sides of her vaginal wall. There were several swabs that were collected. And all of these items were sent to the TBI for analysis.
Detective Terry spoke with the [Petitioner] several times. And, although the . . . [Petitioner] provided several different [ac]counts of the incident he denied repeatedly ever having sexual contact with the victim. . . Detective Terry then provided the TBI with oral swabs from [the Petitioner]. And found in the crotch of [the ...