CHARLIE A. CLARK
STATE OF TENNESSEE
Assigned on Briefs April 12, 2016
from the Circuit Court for Henderson County No. 15001 Roy B.
Morgan, Jr., Judge
Charles Anderson Clark, appeals from the post-conviction
court's denial of his post-conviction petition for
relief. Petitioner alleges that the post-conviction court
erred by not considering all of the proof presented in regard
to the racial makeup of the jury. Petitioner further contends
that he received ineffective assistance of counsel due to his
trial counsel's failure to locate certain individuals to
serve as witnesses. After review, we conclude that Petitioner
has failed to establish that he is entitled to
post-conviction relief, and affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Chadwick R. Wood, Lexington, Tennessee, for the appellant,
Charlie A. Clark.
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Counsel; James G. (Jerry) Woodall,
District Attorney General; and Angela Scott, Assistant
District Attorney General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the court, in
which Alan E. Glenn and Robert H. Montgomery, Jr., JJ.,
T. WOODALL, PRESIDING JUDGE.
court summarized the facts of this case, on direct appeal, as
about July 10, 2012, two sexual encounters occurred between
the victim and the Defendant-Appellant, a friend of the
Early that morning, around 4 a.m., the victim's roommate
asked her to allow the Defendant-Appellant to wait inside
their home until his ride arrived. Although the victim had
previously expressed misgivings about the
Defendant-Appellant, she reluctantly agreed. However, she
told her roommate that she preferred for the
Defendant-Appellant to wait on the front porch. The victim
fell asleep on the futon in the living room and was later
awakened by the Defendant-Appellant "putting his hands
down [her] pants." She told him to stop, immediately
went to her bedroom, and locked the door behind her.
The victim was awakened again later that morning with the
Defendant-Appellant on top of her. She said that the
Defendant-Appellant was penetrating her anally with his
penis. She was unable to scream for help because he had her
pinned down, pushing her face into a pillow with his left arm
pressing against her neck. . . .
State v. Charles Anderson Clark, Jr.,
No.W2014-00445-CCA-R3-CD, 2014 WL 7204525 (Tenn. Crim. App.
Dec. 17, 2014), no ...