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Clark v. State

Court of Criminal Appeals of Tennessee, Jackson

November 22, 2016

CHARLIE A. CLARK
v.
STATE OF TENNESSEE

          Assigned on Briefs April 12, 2016

         Appeal from the Circuit Court for Henderson County No. 15001 Roy B. Morgan, Jr., Judge

         Petitioner, 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 post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed

          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 Tennessee.

          Thomas T. Woodall, P.J., delivered the opinion of the court, in which Alan E. Glenn and Robert H. Montgomery, Jr., JJ., joined.

          OPINION

          THOMAS T. WOODALL, PRESIDING JUDGE.

         Background

         This court summarized the facts of this case, on direct appeal, as follows:

         On or about July 10, 2012, two sexual encounters occurred between the victim and the Defendant-Appellant, a friend of the victim's roommate.

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 ...


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