Assigned on Briefs December 5, 2017
from the Criminal Court for Shelby County No. 11-02890
Carolyn W. Blackett, Judge
petitioner, John Valentine, appeals the denial of his
post-conviction petition, arguing the post-conviction court
erred in finding he received effective assistance of counsel
at trial. After our review of the record, briefs, and
applicable law, we affirm the judgment of the post-conviction
Scott, Memphis, Tennessee, for the appellant, John Valentine.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Counsel; Amy P. Weirich, District Attorney
General; and Paul Goodman, Assistant District Attorney
General, for the appellee, State of Tennessee.
Ross Dyer, J., delivered the opinion of the court, in which
John Everett Williams and Alan E. Glenn, JJ., joined.
ROSS DYER, JUDGE
and Procedural History
Trial Proceedings and Direct Appeal
2013, a Shelby County Criminal Court jury convicted the
petitioner of rape of a child and aggravated sexual battery
for which he received an effective sentence of thirty-three
years. On appeal, this Court affirmed the petitioner's
convictions. State v. John Valentine, No.
W2013-01002-CCA-R3-CD, 2014 WL 4792801, at *1 (Tenn. Crim.
App. Sept. 25, 2014), perm. app. denied (Tenn. Jan.
20, 2015). The Court summarized the facts, as follows:
This case arose from the [petitioner's] convictions for
rape of a child and aggravated sexual battery. According to
the proof at trial, the [petitioner] penetrated the victim
with his penis and forced the victim to masturbate him.
Audrean Bond-Jones was the principal at Bethel Grove
Elementary School in November of 2010, where the victim was a
first-grade student. On November 17, 2010, the victim was
brought to Ms. Bond-Jones' office for inappropriate
behavior towards another student. While in line in the
cafeteria, the victim was "hunching" on another
student. The victim placed the front part of her body against
the back of another student and "would just do a little
front back motion." Ms. Bond-Jones testified that the
victim "shared quite a bit of information about some
things" that occurred in her home. When the victim spoke
about certain sex acts, Ms. Bond-Jones asked her where she
learned about the acts, and the victim "began to
demonstrate . . . what her experiences were with her
father." In response to the victim's statements, Ms.
Bond-Jones called the Department of Children's Services
("DCS"), and law enforcement officers came to the
Marion Woods had been the victim's foster mother since
the end of November 2010. Ms. Woods was a teacher and
testified that the victim's performance in school was
somewhat deficient. She indicated that the victim sometimes
struggled with the concepts of dates and times, as the victim
might say that she was with her mother or sister the previous
evening when she actually was with Ms. Woods. Ms. Woods
testified that the victim's accounts of her interactions
with the [petitioner] remained consistent.
Angelique Roshea Horace was a foster care counselor with
Youth Villages and served as the victim's foster care
counselor. She worked with the victim on developing
"social skills[, ]" such as communication,
listening skills, and "making friends." Ms.
Horace's overall goal with counseling was to assist the
victim and Ms. Woods in achieving the victim's permanency
goal of adoption. Ms. Horace testified that when the victim