· 6/19/2020

Christopher Bailey v. State of Tennessee

Syllabus

Petitioner, Christopher Bailey, appeals the denial of his petition for post-conviction relief. Following a jury trial, Petitioner was convicted of one count of rape of child and sentenced to twenty-five years at one-hundred percent. Petitioner contends on appeal that thepost-conviction court erred in denying the petition for post-conviction relief because he was denied effective assistance of counsel. He contends that trial counsel was ineffective for (1) failing to file a pre-trial motion in limine (2) failing to object when the State asked the victim to testify about other times in which Petitioner forced the victim to perform oral sex (3) asking the victim's stepsister about her opinion of Petitioner's character for truthfulness (4) asking the victim why she slept downstairs (5) failing to object when the State asked the victim about counseling and her medication and (6) failing to argue during the Rule 412 hearing that Petitioner should be permitted to introduce evidence concerning the victim's prior sexual behavior. Petitioner further argues: that the cumulative effect of trial counsel's errors warrants post-conviction relief that the post-conviction court erred in denying Petitioner's request for funding for an investigator and that the post-conviction court erred in denying Petitioner's request to call the prosecutor as a witness at the post-conviction hearing. Following a review of the briefs and the record, we affirm the judgment of the post-conviction court.

Judges: Judge Thomas T. Woodall

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