Assigned on Briefs June 6, 2017
from the Criminal Court for Shelby County No. 13-00529 John
Wheeler Campbell, Judge
Rickey Bell, appeals from the post-conviction court's
dismissal of Petitioner's post-conviction petition
following an evidentiary hearing. Petitioner asserts that he
is entitled to relief because he received ineffective
assistance of counsel in the proceedings leading to his
convictions for one count of rape of a child, one count of
aggravated sexual battery, one count of rape, and two counts
of sexual battery by an authority figure. 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
Shannon M. Davis, Memphis, Tennessee, for the appellant,
Herbert H. Slatery III, Attorney General and Reporter;
Katherine C. Redding, Assistant Attorney General; Amy P.
Weirich, District Attorney General; and Leslie Byrd,
Assistant District Attorney General, for the appellee, State
T. Woodall, P.J., delivered the opinion of the court, in
which Norma McGee Ogle and Robert W. Wedemeyer, JJ., joined.
T. WOODALL, PRESIDING JUDGE
was convicted by a jury of rape of a child, aggravated sexual
battery, rape, and two counts of sexual battery by an
authority figure. He was sentenced to a total effective
sentence of forty-nine years in the Department of Correction.
proof at trial revealed that Petitioner and the victim are
related to each other and that the victim resided in the same
home with Petitioner during the time period when the sexual
assaults occurred. The victim testified that prior to her
thirteenth birthday, Petitioner "hunched" up and
down on her "butt." Petitioner also had the victim
masturbate him numerous times. Also, Petitioner on one
occasion performed oral sex on her prior to her thirteenth
victim testified that after her thirteenth birthday,
Petitioner would make her perform oral sex on him. The victim
also described incidents when Petitioner forced her to have
anal sex, and he rubbed her breasts the following morning.
State v. Rickey Bell, No. W2014-00049-CCA-R3-CD,
2015 WL 84675, at *3-10 (Tenn. Crim. App. Feb. 26, 2015).
counsel testified that she had been employed as an Assistant
Public Defender for twenty-one years, and she represented
Petitioner from "arraignment on to certifying his
appeal." She did not file a Rule 412 motion to explore
the victim's sexual ...