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Hood v. State

Court of Criminal Appeals of Tennessee, Jackson

May 9, 2018

EDWARD HOOD, II
v.
STATE OF TENNESSEE

          Assigned on Briefs January 4, 2018

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

         The pro se Petitioner, Edward Hood, II, appeals the summary dismissal of his petition for writ of error coram nobis, arguing that a letter that he received from his daughter, K.P., constitutes newly discovered evidence of his innocence and that the coram nobis court erred in dismissing his petition without the appointment of counsel or an evidentiary hearing. Following our review, we affirm the dismissal of the petition.

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

          Edward L. Hood, II, Whiteville, Tennessee, Pro Se. Herbert H. Slatery III, Attorney General and Reporter; Caitlin Smith, Assistant Attorney General; Jody S. Pickens, District Attorney General; and Angela R. Scott, Assistant District Attorney General, for the appellee, State of Tennessee.

          Alan E. Glenn, J., delivered the opinion of the court, in which John Everett Williams and Camille R. McMullen, JJ., joined.

          OPINION

          ALAN E. GLENN, JUDGE

         FACTS

         The Petitioner was convicted by a Henderson County Circuit Court jury of two counts of rape of a child, a Class A felony, and two counts of incest, a Class C felony, and was sentenced to consecutive sentences of twenty-three years and twenty-five years for the rape of a child convictions and concurrent five year sentences for each of the incest convictions, for an effective sentence of forty-eight years in the Tennessee Department of Correction.[1] State v. Edward L. Hood, Jr., No. W2009-02501-CCA-R3-CD, 2010 WL 5054422, at *1 (Tenn. Crim. App. Dec. 6, 2010), perm. app. denied (Tenn. Apr. 14, 2011). His conviction was affirmed by this court on direct appeal, and our supreme court denied his application for permission to appeal. Our direct appeal opinion provides the following summary of the proof presented at trial:

Trial. 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, [the Petitioner], 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 hisincarceration. 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 [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 ...

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