Assigned on Briefs March 7, 2017
from the Criminal Court for Shelby County No. 12-04854 J.
Robert Carter, Jr., Judge
petitioner, Ashley Bradshaw, appeals the denial of
post-conviction relief from her 2013 Shelby County Criminal
Court jury convictions of aggravated child abuse, aggravated
child neglect, and aggravated child endangerment, for which
she received a sentence of 20 years. In this appeal, the
petitioner contends only that she was denied the effective
assistance of counsel at trial. Discerning no error, we
R. App. P. 3; Judgment of the Criminal Court Affirmed
R. Marek, Memphis, Tennessee, for the appellant, Ashley
Herbert H. Slatery III, Attorney General and Reporter; Robert
W. Wilson, Assistant Attorney General; Amy P. Weirich,
District Attorney General; and Carrie Shelton Bush, Assistant
District Attorney General, for the appellee, State of
Curwood Witt, Jr., J., delivered the opinion of the court, in
which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr.,
CURWOOD WITT, JR., JUDGE
Shelby County Criminal Court jury convicted the petitioner of
three counts each of aggravated child abuse, aggravated child
neglect, and aggravated child endangerment. The trial court
merged all of the convictions into a single count of
aggravated child abuse and imposed a sentence of 20 years to
be served at 100 percent by operation of law. This court
affirmed the convictions on direct appeal. See State v.
Ashley Bradshaw, No. W2014-00175-CCA-R3-CD (Tenn. Crim.
App., Jackson, Feb. 9, 2015), perm. app. denied
(Tenn. May 18, 2015).
Ashley Bradshaw, this court stated the facts of the
case as follows:
This case stems from the injuries received by S.B. on April
26, 2012. A Shelby County grand jury indicted [the
petitioner], S.B.'s mother, for three counts of
aggravated child abuse, three counts of aggravated child
neglect, and three counts of aggravated child endangerment.
The three counts of each offense reflect three alternate
theories for the aggravating factor: that the victim received
serious bodily injury; that a deadly weapon was used; and
that the act of abuse/neglect was "especially heinous,
atrocious or cruel, or involved the infliction of torture to
the victim." [T.C.A.] § 39-15-402(a)(1)-(3).
At [the petitioner's] September 2013 trial, Memphis
Police [Department ("MPD")] Officer Gregory Turner
testified that he was dispatched to LeBonheur Children's
Hospital on April 26, 2012, for a child abuse call. The
complainant was a social worker, Regina Morris, who reported
that the two- or three-year-old victim had blisters on her
vaginal area, leg, and buttocks and also had possible burns.
When Officer Turner arrived, the hospital staff had already
dressed the victim's injuries. Officer Turner testified
that [the petitioner] was in the victim's room, and he
asked her what happened. [The petitioner] told Officer Turner
that she had placed the victim "in the tub to take a
bath" and that she left the room for five minutes,
returning when "she heard a loud yelling and screaming
from the tub." [The petitioner] told him that the victim
"had turned on the hot water and scalded herself."
[The petitioner] removed the victim from the tub and took her
to LeBonheur. Officer Turner testified that [the petitioner]
was initially calm but that when officers asked her to leave
the victim's room, "she became kind of irate and
stat[ed] to officers that she didn't want to talk anymore
and [they] need[ed] to leave her alone."
On cross-examination, Officer Turner testified that he also
spoke to Kelvin Arnold, Jr., (later identified as [the
petitioner's] boyfriend) while he was at LeBonheur and
that Mr. Arnold reported the same scenario as [the
[MPD] Officer Jeffrey Alan Garey, a crime scene investigator,
testified that he was dispatched to LeBonheur on April 26,
2012, to take pictures in a possible child abuse case. When
he entered the victim's room, she "was laying [sic]
on her back, appeared to be in distress[, ] and she was
heavily bandaged and had a few tubes in her." The
bandages were around her waist, genital area, and lower legs.
Officer Garey asked a nurse to remove the bandages so that he
could photograph the injuries. However, because the removal
of the bandages caused the victim pain and distress, the
nurse stopped the bandage removal. Officer Garey proceeded to
take photographs of the injuries he could see. Officer Garey
characterized the injuries as "severe water
blisters." He testified that he also saw "welt
marks" on the victim's thighs, which he photographed
as well. The photographs he took of S.B. were published to
[MPD] Officer Sam Blue, a crime scene investigator, testified
that an investigating officer sent him to the residence where
the victim was injured to take measurements and photographs.
Officer Blue testified that the bathtub at the residence
measured five feet long, two and a half feet wide, and eleven
inches deep. He measured the water temperature after running
the water for thirty seconds and found that the water was 100
degrees. He drained the tub and ran the water for sixty
seconds, after which the water was 118 degrees. Officer Blue
said he attempted to take a photograph of the water
heater's gauge but ...