Court of Criminal Appeals of Tennessee, Nashville
Assigned on Briefs May 10, 2016
from the Criminal Court for Davidson County No. 2011-B-1027
Cheryl Blackburn, Judge
Petitioner, Randall Coleman, appeals the Davidson County
Criminal Court's denial of his petition for
post-conviction relief from his convictions of one count of
rape of a child and five counts of aggravated sexual battery
and resulting effective sentence of fifty-five years. On
appeal, the Petitioner contends that he received the
ineffective assistance of counsel at trial. Based upon the
record and the parties' briefs, we affirm the judgment of
the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Heard, Nashville, Tennessee, for the appellant, Randall
Herbert H. Slatery III, Attorney General and Reporter; Clark
B. Thornton, Senior Counsel; Glenn R. Funk, District Attorney
General; and Chad Butler, Assistant District Attorney
General, for the appellee, State of Tennessee.
McGee Ogle, J., delivered the opinion of the court, in which
Robert W. Wedemeyer and Timothy L. Easter, JJ., joined.
MCGEE OGLE, JUDGE
April 2011, the Davidson County Grand Jury indicted the
Petitioner for one count of rape of a child, a Class A
felony, and five counts of aggravated sexual battery, a Class
B felony, for incidents that occurred between April 28, 2005,
and February 14, 2007. The victim of the alleged crimes was
J.R.,  who was born on April 28, 1997.
following relevant facts underlying the Petitioner's
convictions, as stated in this court's direct appeal
opinion, are as follows:
J.R. testified that she was . . . fourteen years old at the
time of the trial. She said that she lived with her mother
and that her brothers and sisters lived with their father.
J.R. recalled that she often spent time at her
grandmother's house, whom she referred to as
"Granny." Her granny's given name was Charmaine
Rowan. J.R. said that, at the time of these incidents, Rowan
lived in a large, three-bedroom apartment in the Spring
Branch apartment complex with the Defendant, whom she called
Pawpaw, and their two children, Kevin Coleman and Keisha
Coleman. J.R. testified that the Defendant was like a
grandfather to her.
While the Defendant and her granny lived at the Spring Branch
apartment, J.R. visited the Defendant and Rowan frequently,
as the apartment was close to J.R.'s school. On one
occasion when she was at the apartment, she was on an air
mattress between Kevin Coleman and the Defendant. Kevin
Coleman kept scooting "his butt" back, in a playful
manner, causing J.R. to scoot back also. She recalled that,
as she was scooting back, the Defendant moved toward her.
When the Defendant moved toward her, his "private
part" touched her buttocks. Upon contact with the
Defendant's body, the victim scooted away from the
Defendant and back toward Kevin Coleman.
J.R. testified that, on another occasion, she was in
Rowan's room asleep in the bed when the Defendant came
into the room and pulled down her clothing. He then pulled
down his own clothing, and put his "private part on
[her] private part." J.R. said that, while her legs were
spread apart, the Defendant touched his penis to the area
where she "pee[d]." She described the Defendant as
"going up and down." J.R. recalled that Rowan came
in the main door to the apartment, so the Defendant pulled up
his pants, and she pulled up her own pants.
J.R. testified about another incident when she was in
Rowan's room, and the Defendant pulled his pants down. He
told her to "touch it, " and he grabbed her hand.
He assisted her in "going up and down" on his
penis. J.R. testified that nothing came out of his penis on
J.R. testified about another incident that occurred while the
Defendant lived at the Spring Branch apartment. She said that
she was in Kevin Coleman's room. J.R. said she knew that
something happened while she was in that room, but she did
not want to go into detail because she did not remember it
clearly. J.R. said that there were other incidents that
happened, but she did not remember them specifically.
J.R. said that the Defendant told her not to tell anyone
"what [they had] been doing because, " he said,
"pawpaw can get in real big trouble."
J.R. recalled that, when she was ten or eleven years old,
Rowan and the Defendant moved into a different apartment in
"Hallmark at the Park." This apartment had two
bedrooms, and the couple lived there with three children,
including Kevin and Keisha Coleman. J.R. said that Keisha
Coleman did not have her own room and stayed in the same room
with the Defendant and Rowan.
J.R. testified that, on one occasion while the Defendant and
Rowan lived at "Hallmark, " the Defendant told
Keisha Coleman to go and wash the dishes. After doing so, the
Defendant pulled down his pants, pulled down J.R.'s
pants, and pulled J.R. on top of him. J.R. said the Defendant
put "his private part where [she] peed" and started
moving up and down. J.R. said that she then got off of him.
J.R. testified about another incident at the Hallmark
apartments. She said that she was alone in the apartment with
the Defendant. She recalled that the Defendant pulled her
pants down, pulled his pants down, and opened her legs,
spreading them apart. He then put his "private part on
[her] private part." The Defendant was "going up
and down, " until J.R. told him that she needed to go to
J.R. said that, while the Defendant and Rowan lived at the
Hallmark apartment, J.R. told Keisha Coleman about the
Defendant's sexual conduct toward her. J.R. asked Keisha
Coleman to tell her mother. To J.R.'s knowledge, Keisha
Coleman did not respond to J.R.'s request and did not
tell J.R.'s mother.
J.R. said that, when she was approximately eleven or twelve,
Rowan and the Defendant moved to a duplex in the Westchester
area ("Tuckahoe Square"). This was a three-bedroom
home. When J.R. was visiting the Defendant and Rowan at the
Tuckahoe Square duplex, the Defendant was in the room with
J.R. He pulled down his pants and told J.R. to "touch
it." He then grabbed her hand with his hand and assisted
her in rubbing her hand up and down his penis. J.R. said she
believed that something came out of the Defendant's penis
on this occasion.
J.R. testified that, on another occasion, she was in the
living room of the Tuckahoe Square duplex with Rowan and the
Defendant. The Defendant told Rowan to go in her room, and
Rowan complied with his request. The Defendant then pulled
J.R.'s pants down and spread her legs apart. He then put
his tongue in her private area and started licking her. The
Defendant then put his private in that same place, and he
"nutted in [her]." J.R. described the term
"nutted, " a phrase she said she learned in school,
as meaning that "something" came out of the
Defendant's penis onto the victim's vagina. J.R. said
that after the Defendant finished, she went to the bathroom
to wipe herself off and then went to Keisha Coleman's
room to lay down.
J.R. said that, at some point, her mother asked her if anyone
was touching her. J.R. did not respond, which indicated to
her mother that J.R. was, in fact, being inappropriately
touched. J.R.'s mother inquired further, and J.R. told
her about the interactions with the Defendant. J.R. said her
mother called the police.
J.R. said that she then went to the Child Advocacy Center,
and a woman named "Latoya" interviewed her. She
also underwent a medical exam at the clinic. After speaking
with a police detective, J.R. agreed to have a telephone
conversation with the ...