Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bradshaw v. State

Court of Criminal Appeals of Tennessee, Jackson

April 27, 2017

ASHLEY BRADSHAW
v.
STATE OF TENNESSEE

          Assigned on Briefs March 7, 2017

         Appeal from the Criminal Court for Shelby County No. 12-04854 J. Robert Carter, Jr., Judge

         The 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 affirm.

         Tenn. R. App. P. 3; Judgment of the Criminal Court Affirmed

          John R. Marek, Memphis, Tennessee, for the appellant, Ashley Bradshaw.

          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 Tennessee.

          James Curwood Witt, Jr., J., delivered the opinion of the court, in which Thomas T. Woodall, P.J., and Robert L. Holloway, Jr., J., joined.

          OPINION

          JAMES CURWOOD WITT, JR., JUDGE

         A 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).

         In 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 petitioner].
[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 the jury.
[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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.