Court of Criminal Appeals of Tennessee, Nashville
DENVER JOE MCMATH, JR.
STATE OF TENNESSEE
Assigned on Briefs December 11, 2018
from the Criminal Court for Davidson County No. 2009-A-419
Monte Watkins, Judge
petitioner, Denver Joe McMath, Jr., appeals the denial of his
post-conviction petition, arguing the post-conviction court
erred in finding he received effective assistance of counsel
at trial and on appeal. After our review of the record,
briefs, and applicable law, we affirm the denial of the
R. App. 3 Appeal as of Right; Judgment of the Criminal Court
R. Wilson, Nashville, Tennessee, for the appellant, Denver
Joe McMath, Jr.
Herbert H. Slatery III, Attorney General and Reporter; Ruth
Anne Thompson, Senior Assistant Attorney General; Glenn R.
Funk, District Attorney General; and Deborah Housel,
Assistant District Attorney General, for the appellee, State
Ross Dyer, J., delivered the opinion of the court, in which
James Curwood Witt, Jr. and Camille R. McMullen, JJ., joined.
ROSS DYER, JUDGE.
petitioner was convicted of four counts of aggravated sexual
battery and four counts of rape of a child for which he
received an effective sentence of 140 years. On direct appeal
of his convictions, this Court summarized the relevant facts
The victim was born on September 5, 1990. [The petitioner]
was her mother's boyfriend and the father of her younger
half-brother. At the time of the crimes, the victim lived
with [the petitioner], her mother, her half-brother, her two
sisters, and her older brother.
The victim recalled that the first incident happened during
the winter of her fourth grade year. She testified that [the
petitioner] told her to come into his bedroom and sit beside
him on the bed. [The petitioner] kissed the victim, inserting
his tongue into her mouth, and then gave her some coloring
books. On another occasion, [the petitioner] went into the
victim's bedroom and touched her breasts, with his hand
on top of her clothes, while she was sleeping in her bed. The
victim testified that one night, "late at night,"
[the petitioner] went into her bedroom where she and her twin
sister were sleeping, and performed oral sex on her. She
testified that [the petitioner] pulled her pants down and put
his mouth on her vagina.
The victim recalled an incident when she was in the sixth
grade and [the petitioner] made her perform oral sex on him
in the laundry room of their house. The victim did not know
what oral sex was, and [the petitioner] told her to "put
[her] mouth on it, and [she] had no choice." The victim
testified that it happened "[a] lot." She testified
that [the petitioner] ejaculated in her mouth. She testified
that she was afraid that if she did not do as [the
petitioner] told her, [the petitioner] would beat her. She
testified, "he always beat[ ] us." The victim
testified that she could not count the number of times she
performed oral sex on [the petitioner]. She recalled the
incident in the laundry room and another occasion in the
kitchen. On one occasion, her older brother walked into the
laundry room while the victim was performing oral sex on [the
petitioner], and [the petitioner] "just started beating
The victim also testified that [the petitioner] called her
downstairs to watch pornography with him. She testified that
[the petitioner] was masturbating while watching two people
on television have sex. [The petitioner] then told the victim
to go to the laundry room, where he made her perform oral sex
on him. She testified, "[o]ne time, he had called me
downstairs and he was rolling up weed and then he smoked it
and then told me to smoke it." The victim smoked the
marijuana and then went upstairs, but she was not feeling
"normal" and she thought she was "high."
[The petitioner] called her back downstairs and made her
perform oral sex on him.
On another occasion, the victim fell asleep in her
mother's bedroom while watching her youngest brother
while her mother was at work. She awoke to [the petitioner]
touching her. The victim recalled another incident when [the
petitioner] touched her chest in the living room. She
testified, "[I] was just scared and I told him -- I told
him that I was going to tell my mother and he said [']you
tell [, ] I'm going to kill you.[']"
The victim testified that the abuse ended when she was in
eighth grade after the family moved to another residence.
[The petitioner] "stayed there on and off." The
victim's older brother told the victim's mother about
the abuse when the victim was in the tenth grade.
The victim's older brother testified that [the
petitioner] physically abused him as a child. He recalled an
incident when his mother was in the hospital giving birth to
his younger brother, and [the petitioner] told him to watch
for a cab that was coming to pick him up. After waiting for
awhile and not seeing a cab, he went upstairs to tell [the
petitioner]. When he walked inside the bedroom he saw [the
petitioner] "on the bed with his thang out and [the
victim] was in the room with him." He testified that
[the petitioner]'s penis was erect. On another occasion,
at 2:30 or 3:00 a.m., the victim's brother saw [the
petitioner] "on top of [the victim] giving her oral
sex" in the living room. On another occasion, the
victim's brother was outside and he saw [the petitioner]
and the victim through the window in the laundry room. He