Court of Criminal Appeals of Tennessee, Nashville
JONATHON D. BROWN
STATE OF TENNESSEE
Assigned on Briefs July 24, 2019
from the Circuit Court for Robertson County No.
74CC2-2014-CR-453 Jill Bartee Ayers, Judge
Jonathon D. Brown, was convicted by a Robertson County jury
of aggravated rape, especially aggravated kidnapping, and
theft of property over the value of $1, 000, for which he
received an effective sentence of sixty years'
incarceration. Petitioner filed for post-conviction relief,
which was denied following an evidentiary hearing. Petitioner
appeals, asserting that he received ineffective assistance of
counsel based on trial counsel's failure to adequately
meet with Petitioner given the severity of the charges and
trial counsel's failure to secure a land survey to
"further buttress his venue argument." After a
thorough review, we affirm the judgment of the
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Johnson, II, Springfield, Tennessee, for the appellant,
Jonathon D. Brown.
Herbert H. Slatery III, Attorney General and Reporter; Renee
W. Turner, Senior Assistant Attorney General; John W. Carney,
Jr., District Attorney General; and Jason White, Assistant
District Attorney General, for the appellee, State of
L. Holloway, Jr., J., delivered the opinion of the court, in
which Camille R. McMullen and Timothy L. Easter, JJ., joined.
L. HOLLOWAY, JR., JUDGE.
Factual and Procedural History
provide context for Petitioner's ineffective assistance
of counsel claim, we will summarize the key evidence
presented at trial. A full summary of the testimony at trial
can be found in this court's opinion on direct appeal.
See State v. Jonathon D. Brown, No.
M2015-02457-CCA-R3-CD, 2016 WL 7030488, at *1 (Tenn. Crim.
App. Dec. 2, 2016), no perm. app. filed.
Ghee, a Drug Interdiction Officer for the 18th Judicial
District Drug Task Force, testified that on September 3,
2013, he was watching traffic drive north on I-65 and
observed a green four-door Ford vehicle. Id. at *1.
Officer Ghee "initiated [his] emergency equipment"
when he observed that the driver was not wearing a seatbelt
and that the vehicle "crossed the lane of traffic
twice." Id. The green Ford vehicle exited I-65
onto Bethel Road and continued driving at speeds in
"excess of ninety [miles per hour]." Id.
Eventually the vehicle "left the roadway" and
crashed when it was unable to navigate a sharp turn in Bethel
Road. Id. After the vehicle crashed, Officer Ghee
apprehended a black male wearing "[d]ark colored pants
and [a] maroon shirt," who exited the passenger side of
the vehicle. Id. Officer Ghee saw that the driver of
the vehicle was another black male wearing "a white
shirt and dark-colored pants and dark shoes."
Id. Officer Ghee was unable to apprehend the driver
but observed him exit the vehicle and run in a southeasterly
direction towards the area of the victim's residence.
friend, Jerome Inmon, testified that on September 3, 2013, he
was in the car with Petitioner, who was driving the green
Ford vehicle on I-65. Id. He explained that they
were "spotted" by two police officers near Bethel
Road. When the officers initiated a traffic stop, Petitioner
did not stop the car because both Mr. Inmon and Petitioner
believed that there were warrants out for their arrests. Mr.
Inmon testified that he was arrested by police after
Petitioner crashed the vehicle on Bethel Road. Id.
testified that she had lived on Bethel Road in Robertson
County for approximately forty-five years with her children
and now-deceased husband. Id. at *2. On September 3,
2013, H.N. was getting on her lawnmower when a man
"jumped out" from behind two of H.N.'s other
parked vehicles. Id. H.N. tried to run away from the
assailant, but "he came up behind [her] and stopped
[her]" by holding a knife to her neck. The assailant
"pushed [her] back into the basement." Id.
He told H.N. to be quiet, took her cars keys from her pants,
and asked H.N. if she had any money. H.N. retrieved the two
fifty-dollar bills from her car trunk and gave them to the
assailant. The assailant also took off his shirt, opened the
"passenger side door," and tossed his shirt into
the car. Id. The assailant attempted to get into
H.N.'s house, but H.N. told the assailant that she was
locked out of her house and that her children were bringing
her keys to the house around 3:30 p.m. Id.
he was unable to get into the house, the assailant came back
down the steps and pushed H.N. against the vehicle while
standing behind her. The man "unzipped [her] blue[
]jeans and pulled them down." Id. The assailant
then pushed H.N. "around to the hood of the car" as
H.N. said, "I am so old, please don't do this to
me." Id. The assailant responded that her age
did not matter. H.N. then felt the assailant penetrate her
vagina with his penis several times, causing her pain.
Additionally, the assailant put a garbage bag in her mouth to
gag her. The assailant then pushed H.N. over to a "yard
chair" in the basement and tied her to the chair while
she was still gagged with the garbage bag. Id. As
the assailant "was getting ready to leave," H.N.
was able to see his face. Id. H.N. saw that the
assailant was a black male with a short, stocky build and
that his hair was in dreadlocks. However, H.N. was unable to
positively identify [Petitioner] as the assailant at trial.
the assailant tied her to the chair, he took a bottle of
water and some rubber gloves that H.N. had worn earlier that
day. Assailant put the gloves on before he left in her
vehicle. Id. H.N. was eventually able to free her
hands and call her son, daughter, and son-in-law. After her
family members arrived, they helped H.N. to free herself from
the chair and called the police. Family members gave
authorities a description of H.N.'s car-a black 1990
Buick Regal with a "Titans mirrored license plate"
on the front of the car-and the license plate number.
Id. H.N. was taken to the hospital, where the
emergency room doctor examined H.N. and performed a
"rape kit." Id. While she was ...