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State v. Lewis Bogle

Court of Criminal Appeals of Tennessee, Nashville

June 25, 2018

STATE OF TENNESSEE
v.
ERIC JAMES LEWIS BOGLE

          Assigned on Briefs November 14, 2017

          Appeal from the Circuit Court for Marshall County No. 16-CR-7 Franklin Lee Russell, Judge

         A Marshall County Circuit Court Jury convicted the Appellant, Eric James Lewis Bogle, of rape of a child, a Class A felony, and the trial court sentenced him to thirty-five years in confinement to be served at 100%. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress his statement to police because he invoked his right to counsel and that the evidence is insufficient to support his conviction without his statement. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

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

          Matthew D. Wilson, Spring Hill, Tennessee, for the appellant, Eric James Lewis Bogle.

          Herbert H. Slatery III, Attorney General and Reporter; Brent C. Cherry, Senior Counsel; Robert James Carter, District Attorney General; and Weakley Edward Barnard and Felicia Walkup, Assistant District Attorneys General, for the appellee, State of Tennessee.

          Norma McGee Ogle, J., delivered the opinion of the court, in which John Everett Williams and Alan E. Glenn, JJ., joined.

          OPINION

          NORMA MCGEE OGLE, JUDGE

         I. Factual Background

         At trial, the victim's father testified that he had been married to the victim's mother and that they had two children: the victim and the victim's sister. At some point, the victim's parents divorced. The two children lived with their mother in Jackson but visited their father every summer. In July 2015, the victim's father was remarried and living in West Memphis, Arkansas. About July 13, the victim, who was seven years old, and his sister, who was ten years old, arrived at their father's home for their annual summer visitation. On July 16, the victim's father learned something about the victim from his wife, the victim's stepmother. Based on what his wife told him, the victim's father spoke with the victim. The victim's father said that the victim was scared and reluctant to speak with him at first but that the victim ultimately told him something that made him feel hurt and angry. The victim's father immediately contacted the Arkansas Department of Human Services, which put him in contact with the Department of Human Services in Jackson, Tennessee.

         On cross-examination, the victim's father testified that when he spoke with the victim on July 16, he asked the victim only one question. He stated that prior to his speaking with the victim, he had not had any custody disputes with the victim's mother and that he currently was not in a custody dispute with her. He said that he was not planning to seek custody of the victim and that he did not have any problem with the victim's mother having custody of the victim.

         The victim testified that he was eight years old. When the victim was seven years old, the Appellant was married to the victim's mother, and the family lived in Jackson. Sometimes, the victim stayed with the Appellant at the Appellant's grandmother's house in Petersburg, Tennessee. The Appellant's mother and grandmother lived in the home, and the victim watched television and jumped on the trampoline during the visits. The victim said that when he took a shower at home in Jackson, he showered by himself. However, when he stayed overnight with the Appellant in Petersburg, the Appellant washed the victim in the shower even though the victim did not need any help. The Appellant had his own bedroom, and the victim slept with the Appellant in the Appellant's bed.

         The victim testified that on one occasion, the Appellant, who was lying on his back on the bed, told the victim to take off his pajamas and get on top of him. The victim did as he was told and sat on the Appellant. The victim said that the Appellant "raised up," put his mouth on the victim's penis, and sucked the victim's penis. Afterward, the Appellant told the victim not to tell anyone. The victim put his pajamas back on and went to sleep.

         On cross-examination, the victim testified that his father was the first person he told about the incident. His father asked how the incident happened but did not ask him any other questions. Defense counsel asked the victim, "[H]ave you ever seen anybody else put their mouth on someone else's penis?" The victim answered, "I seen my dad and my stepmom." Defense counsel then asked if anyone else had ever put his or her mouth on the victim's penis, and the victim said that a male classmate had put his mouth on the victim's penis.

          The victim's mother testified that she used to live in Jackson with her children. The victim's mother met the Appellant on a dating website, and they exchanged telephone numbers. The Appellant lived at his grandmother's house in Petersburg, and the victim's mother met him in person for the first time in May 2014. The victim's mother and the Appellant took a trip to Branson, Missouri, and the Appellant met her children when they returned from the trip. The Appellant interacted with the children, and the children trusted him and had a good relationship with him.

         The victim's mother testified that she and the Appellant became engaged in December 2014 and that she and the children stayed with the Appellant sometimes at his grandmother's house. The victim's mother and the Appellant were not married, so the victim's mother and the children slept in the guest bedroom while the Appellant slept in his bedroom. Sometimes, though, the victim slept with the Appellant in the ...


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