Assigned on Briefs May 17, 2017
from the Criminal Court for Shelby County No. 11-05627 W.
Mark Ward, Judge
Dwayne Wright, was convicted of one count of aggravated rape
and sentenced to twenty-four years in the Department of
Correction. On appeal, this court affirmed his conviction and
sentence. State v. Dwayne Wright, No.
W2013-00433-CCA-R3-CD, 2014 WL 1168579 (Tenn. Crim. App.
March 21, 2014). Petitioner filed a timely petition for
post-conviction relief. Following a hearing on the petition,
the post-conviction court denied relief. On appeal,
Petitioner argues that he received ineffective assistance of
counsel because trial counsel failed to call Eric Hulbert as
a witness at trial. After a thorough review, we affirm the
judgment of the post-conviction court.
R. App. P. 3 Appeal as of Right; Judgment of the Criminal
Mogy, Memphis, Tennessee, for the appellant, Dwayne Wright.
Herbert H. Slatery III, Attorney General and Reporter; Sophia
S. Lee, Senior Counsel; Amy P. Weirich, District Attorney
General; and Omar Malik, Assistant District Attorney General,
for the appellee, State of Tennessee.
T. Woodall, P.J., delivered the opinion of the court, in
which John Everett Williams and Robert W. Wedemeyer, JJ.,
T. WOODALL, PRESIDING JUDGE
facts as set forth by this Court on direct appeal are as
The victim testified that on the evening of April 9, 2002,
she, her then-boyfriend, now husband, and her friend, Eva
Lundahl, had dinner together at the home they shared. The
group consumed a couple of bottles of wine with their dinner.
At some point during the evening, a friend called Ms.
Lundahl, and they made plans to go and sing kar[a]oke at
Alfred's on Beale Street. The victim decided to join
them, but her boyfriend remained home with the victim's
child. The group arrived at Alfred's around 10:00 p.m.,
with the victim wearing black pants, a black shirt, and ankle
boots. Underneath her clothes, she wore a bra and pantyhose,
but she did not wear panties.
Upon their arrival, the group sat at a table and ordered
several alcoholic beverages. More people they knew joined
them, and the group continued to drink and began dancing
together. No drugs were taken, and no one was seeking to
purchase them. Although she had been drinking alcohol, the
victim was not intoxicated to the point that she had trouble
walking or slurring her words. Ms. Lundahl eventually got
onto the stage to sing kar[a]oke. Around midnight, the victim
proceeded toward the women's restroom. In the area near
the restrooms at Alfred's "[t]here's a doorway
you walk in [and] the women's bathroom is to the right
[and] the men's [bathroom is] to the left." The area
was dark and there was "a little hallway [with] a
cigarette machine . . . between the" restroom doorways.
As the victim approached the area, she stopped because she
believed that the defendant, whom she did not know, seemed to
be saying something to her. She could not hear what the
defendant was saying, so the victim leaned forward to hear.
At that point, the defendant grabbed the victim and pushed
her through the door of the men's restroom and into a
stall inside the room. The victim was approximately five feet
tall and weighed around 115 pounds. The defendant was six
feet, four inches tall and weighed approximately 295 pounds.
The victim was forced into the handicap stall with her body
facing the toilet, with the defendant remaining behind her.
The defendant ripped her pants down, ripping the zipper and a
hole in her pantyhose. Although the victim was pleading with
the defendant to stop, he continued and penetrated her vagina
and anus. The victim felt the defendant's hands on the
back of her neck and head, and she "felt him inside of
her." At some point, the victim heard someone begin to
beat upon the stall door. [Defendant] stopped his assault at
that point, and he exited the stall. The crying victim pulled
her pants up and saw the man who had banged on the door. The
man did not speak but "indicat[ed] a sort of shhh sign
with [his] mouth." The victim stopped crying, and the
man walked her to the restroom door. The victim did not know
this man or where he went after she left the restroom. The
victim did recall seeing other men in the restroom when she
The victim was shocked and scared and did not seek assistance
from anyone regarding the rape at that time. She returned to
her table and finished her drink. Ms. Lundahl noted a change
in the victim's mood upon her return from the restroom.
Some time later, the victim asked to leave. At the time the
group left Alfred's, the victim had not told anyone that
she had been raped.
The group proceeded to a coffee shop called The Map Room. The
victim sat with the group, listening to their conversation
and drinking coffee. She felt numb, frozen, and did not feel
like laughing with her friends. The victim also noted that
her rectum was hurting. Ms. Lundahl described the victim
during this time as "very blank in the face." The
victim and Ms. Lundahl at some point went to the restroom
together at The Map Room. The victim urinated, wiped herself,
and noticed blood on the tissue, as well as on her clothing.
The victim began crying and told Ms. Lundahl what had
happened to her at Alfred's. Ms. Lundahl suggested that
they call the police or call the victim's boyfriend, but
the victim refused to talk to anyone at the time.
Early the next morning, the victim and Ms. Lundahl left The
Map Room with Ms. Lundahl's ex-boyfriend and his sister.
They returned to the victim's and Ms. Lundahl's
residence, arriving at approximately 7:00 a.m. The
victim's boyfriend had already gotten her child off to
school, and he was not happy that the victim had not called
to tell him that she was going to be later than expected in
coming home. The victim told her boyfriend nothing about the