Assigned on Briefs February 3, 2015
Direct Appeal from the Circuit Court for Decatur County No. 01CR013 C. Creed McGinley, Judge
Guy T. Wilkinson, District Public Defender, Camden, Tennessee, for the appellant, Jamie Lou Haneline.
Herbert H. Slatery III, Attorney General and Reporter; David H. Findley, Senior Counsel; Matthew Stowe, District Attorney General; and Scott A. Arch, Assistant District Attorney General, for the appellee, State of Tennessee.
John Everett Williams, J., delivered the opinion of the Court, in which Alan E. Glenn and Camille R. McMullen, JJ., joined.
JOHN EVERETT WILLIAMS, JUDGE
Procedural History and Factual Background
The facts underlying the petitioner's conviction, as recited by this court on direct appeal, are as follows:
[T]he victim in this case  testified that she first met the [petitioner] when she was eleven years old. The twenty-three year old [petitioner] was a friend of [the victim's] mother's boyfriend. In February of 2000, shortly after they met, the [petitioner] began to flirt with [the victim], and he asked her to have sex with him. However, their sexual intimacy did not begin at that point. Although the [petitioner] moved to Pennsylvania for a period of a few months, their relationship resumed in August when the [petitioner] returned. At this point in time, [the victim] was twelve years old. [The victim] testified that, on September 9, 2000, she needed school supplies from a Wal-Mart store. The [petitioner] offered to take [the victim] to the store, which he did. However, when they left Wal-Mart, the [petitioner] took [the victim] to his residence, a mobile home that he shared with his grandfather, Byron Bean. [The victim] testified that the [petitioner] "snuck" her into the mobile home after Mr. Bean went to bed. She stated that the [petitioner] took her to his bedroom, flirted with her, and had sex with her twice. In addition, [the victim] performed oral sex on the [petitioner] when he asked her to. The [petitioner] used a condom because "he was afraid [she would] get pregnant." After this incident, the [petitioner] took [the victim] home.
On September 23, 2000, [the victim] was attending a birthday party at the home of her friend, Amy Cole. The [petitioner] picked her up from the party at around 8:00 p.m. [The victim] testified that they drove around for a while, after which the [petitioner] took her to his mobile home. Again, [the victim] waited outside until Mr. Bean went to bed; then the [petitioner] took her to his bedroom. In the bedroom, [the victim] and the [petitioner] watched television and had sexual intercourse again. The [petitioner] used a condom on this occasion as well. Early the next morning, the [petitioner] took [the victim] back to Amy Cole's house.
With respect to the incident on September 23, 2000, Amy Cole testified that the [petitioner] picked [the victim] up from the birthday party after dark. After a few hours, the [petitioner] returned [the victim] to the house, where she spent the rest of the night.
[The victim] testified that, a few days later, on approximately September 20, 2000, the [petitioner] unexpectedly came to her house. [The victim] was there alone. She stated that she and the [petitioner] had sex on her bed on this occasion.
Sometime after this last incident, the [petitioner] returned to [the victim's] house. [The victim's] grandfather, who was at the house with [the victim], refused to allow her to leave with the [petitioner]. [The victim] became upset with her grandfather and attempted to commit suicide by taking a bottle of pain medicine. She was taken to the hospital, where her stomach was pumped. This experience prompted [the victim] to disclose to her mother her relationship with the [petitioner].
The jury found the [petitioner] guilty of the child rape that occurred on September 23, 2000. It found him not guilty of the conduct alleged to have ...