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Bledsoe v. State

Court of Criminal Appeals of Tennessee, Jackson

April 25, 2018

ERIC BLEDSOE
v.
STATE OF TENNESSEE

          Assigned on Briefs Date: April 3, 2018

          Appeal from the Criminal Court for Shelby County No. 09-06393 Chris Craft, Judge

         The Petitioner, Eric Bledsoe, appeals as of right from the dismissal of his petition for post-conviction relief, wherein he requested DNA analysis pursuant to Tennessee Code Annotated section 40-30-303. On appeal, the Petitioner contends that the post-conviction court erred in dismissing his petition for post-conviction DNA analysis because the evidence was already tested. Following our review, we affirm the judgment of the post-conviction court.

         Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court Affirmed

          Eric Bledsoe, Clifton, Tennessee, Pro Se.

          Herbert H. Slatery III, Attorney General and Reporter; Courtney N. Orr, Assistant Attorney General; Amy P. Weirich, District Attorney General; and Marianne L. Bell, Assistant District Attorney General, for the appellee, State of Tennessee.

          D. Kelly Thomas, Jr., J., delivered the opinion of the court, in which Robert L. Holloway, Jr., and J. Ross Dyer, JJ., joined.

          OPINION

          D. KELLY THOMAS, JR., JUDGE

         FACTUAL AND PROCEDURAL BACKGROUND

         On October 8, 2009, the Shelby County grand jury indicted the Petitioner of one count of aggravated rape, one count of aggravated burglary, and one count of theft of property valued at $1, 000 or more but less than $10, 000. On April 16, 2012, the Petitioner's case went to trial, and the jury convicted him as charged. At the subsequent sentencing hearing, the trial court sentenced the Petitioner to an effective sentence of sixty-five years to be served in the Tennessee Department of Correction. On direct appeal, this court affirmed his convictions and sentences. State v. Eric Bledsoe, No. W2012-01643-CCA-R3-CD, 2013 WL 3968780 (Tenn. Crim. App. July 31, 2013), perm. app. denied (Tenn. Nov. 14, 2013).

          Thereafter, the Petitioner filed for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court denied relief, and this court affirmed the denial on appeal. Eric Bledsoe v. State, No. W2016-00419-CCA-R3-PC, 2017 WL 1380022 (Tenn. Crim. App. April 13, 2017), perm. app. denied (Tenn. Aug. 18, 2017).

         The relevant facts underlying the offenses that were introduced at Petitioner's jury trial are as follows:

On May 18, 2009, the Petitioner came into victim's townhome through her open window and sexually assaulted the victim. When the victim fought back, the Petitioner placed both hands around the victim's neck and choked her until she was unconscious. When the victim regained consciousness, the ...

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