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Hood v. State

Court of Criminal Appeals of Tennessee, Jackson

June 7, 2017

EDWARD HOOD, JR.
v.
STATE OF TENNESSEE

          Assigned on Briefs April 11, 2017

         Appeal from the Circuit Court for Henderson County No. 08059-3 Kyle Atkins, Judge.

         The petitioner, Edward Hood, Jr., appeals the denial of his petition for post-conviction relief as untimely. The petitioner asserts the applicable statute of limitations for his claim should be tolled as he was incompetent during the filing period. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

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

          Samuel W. Hinson (on appeal) and Jack S. Hinson (at hearing), Lexington, Tennessee, for the appellant, Edward Hood, Jr.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Jerry Woodall, District Attorney General; and Nina Seiler, Assistant District Attorney General, for the appellee, State of Tennessee.

          J. Ross Dyer, J., delivered the opinion of the court, in which Alan E. Glenn and Timothy L. Easter, JJ., joined.

          OPINION

          J. ROSS DYER, JUDGE

         FACTS

         This post-conviction appeal stems from the sexual crimes the petitioner committed against his minor daughter in 2007. The petitioner was indicted for one count of sexual battery, two counts of rape, and two counts of incest. Prior to trial, on February 6, 2008, Dr. Richard K. Drewery, a clinical psychologist, evaluated the petitioner to determine his competency. Dr. Drewery determined the petitioner was "competent to stand trial but suffered from depressive disorder."

         The petitioner went to trial, was convicted of two counts of rape of a child and two counts of incest, and appealed.[1] In affirming the petitioner's convictions, this Court detailed the underlying facts of the petitioner's case, as follows:

C.L., the victim in this case, testified that she was eleven years old when the first crime in this case occurred. She stated that on February 24, 2007, her father, [the petitioner], entered her room and took off his clothes. He then walked over to her bed, took her pajamas off, got on top of her, and penetrated her vagina with his penis. Before leaving her room, [the petitioner] told the victim, "If you say anything[, ] I'm going to hurt you." The victim stated that she remembered the crime occurring on February 24 because it was close to her mother's birthday on February 23.
On July 28, 2007, the victim stated that her father had sexual intercourse with her in the same manner as on February 24, 2007. She remembered the date that this second crime occurred because it was close to her birthday on July 20. She said she later told her mother about these crimes, but she and her mother did not immediately report these crimes to the police. The victim said that she and her mother reported the crimes to the police some time in December when her father was no longer living with them. The victim said that she did not immediately tell her mother about the February 24, 2007 crime because she was scared. She could not explain why she and her mother did not contact the police regarding the crimes sooner. On cross-examination, the victim denied allowing boys into her room through her window.
Landon Delaney testified that he was a correctional officer at the Henderson County Jail in 2007. On December 26, 2007, during a random search of [the petitioner's] cell, Delaney found a note written by [the petitioner], which stated, "I, Ed Hood, fingered and [f----] my youngest child, [the victim], and said some sex-related things to [the victim's] friend, [K.B.]. She and [the victim] were talking about sex and having a threesome. I said I wanted to see that. Signed, Ed Hood." Delaney said that he removed the note from [the petitioner's] cell and gave it to the jail sergeant, Lelani Murphy. Although [the petitioner] never reported a fight while he was in jail, Delaney remembered [the petitioner] having a black eye at some point during his incarceration. He said [the petitioner] never disclosed who had given him the black eye and never wanted to answer any questions about it. Delaney stated that it was unusual for inmates to write confessions and that [the petitioner's] note was the only confession that he had ever found at the jail.
Justin Wallace, an investigator with the Henderson County Sheriff's Department, testified that [the petitioner] asked to speak with him on December 26, 2007, regarding the note that was found in his cell. Investigator Wallace gave [the petitioner] his Miranda rights, [the petitioner] signed a written waiver of these rights, and then [the petitioner] gave the following statement:
I, Ed Hood, did advise Investigator Wallace that there was a possibility that while I was messed up on pills that I could have had sexual relations with my daughter, [the victim]. I also advised him that while my daughter was on the phone with [K.B.] I overheard them talking about having a threesome. I advised [K.B.] that I would like to see that when she was eighteen.
Donna Heatherington, a lieutenant with the Lexington Police Department, testified that the victim and the victim's mother initially reported the crimes to her in December 2007. She then set up a forensic interview for the victim at the Carl Perkins Center. Although she attempted to talk to [the petitioner] about these crimes, he refused to talk to her. She said that she did not interview the victim's sister, K.P., because she was not living in the home at the time that these crimes occurred. Lieutenant Heatherington stated that a rape kit was not conducted on the victim because so much time had passed since the crimes were committed. Following Lt. Heatherington's testimony, the State rested.
The defense recalled the victim to the stand. During questioning by defense counsel, the victim acknowledged telling a forensic interviewer that her father had never sexually abused her. The victim said she told the interviewer that her father was innocent because she did [sic] want her father to get into trouble and because she was afraid of her father. She admitted that she made this statement regarding her father's innocence after her father was arrested.
Robin Reddick, the victim's aunt and [the petitioner's] sister, stated that the victim had lived with her for approximately a month and a half. Reddick stated that she did not find ...

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