Joe Turner v. State of Tennessee
E2015-00849-CCA-R3-PC
| Tenn. Crim. App. | Mar 8, 2017Background
- Joe Turner was convicted of two counts of aggravated rape, especially aggravated kidnapping, aggravated kidnapping, and aggravated assault; effective sentence 100 years.
- Victim A.T. testified to force, strangulation, vaginal rape, and that Turner ejaculated on her face; medical and forensic evidence (bruising, dirt, sperm on face) corroborated her account.
- A TBI report showed sperm on a vaginal swab from the victim included DNA from an unknown male that did not match Turner; the trial court excluded evidence of the unknown-male DNA under the rape‑shield rule.
- Turner alleged on post-conviction that appellate counsel was ineffective for failing to raise on direct appeal the trial court’s exclusion of the unknown-male DNA evidence.
- The post-conviction court found the State’s case strong, deferred to its prior evidentiary ruling under Tenn. R. Evid. 412, and denied relief for ineffective assistance of appellate counsel.
- The Court of Criminal Appeals affirmed, holding Turner failed to prove appellate counsel’s omission was deficient and prejudicial because the excluded evidence was properly excluded under the rape‑shield rule and would not likely have changed the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate counsel was ineffective for not challenging exclusion of unknown‑male DNA from a vaginal swab | Turner: appellate counsel should have raised that excluded DNA was exculpatory and would support a consensual/commercial‑sex theory | State: omission was reasonable because the evidence was inadmissible under the rape‑shield rule and raising it on appeal would have failed | Court: No ineffective assistance — counsel’s omission was not prejudicial; exclusion fell within Rule 412 and would not likely have altered the verdict |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective‑assistance two‑prong test: deficient performance and prejudice)
- Goad v. State, 938 S.W.2d 363 (Tenn. 1996) (applying Strickland in Tennessee)
- Carpenter v. State, 126 S.W.3d 879 (Tenn. 2004) (appellate‑counsel obligations and deference to strategic choices)
- State v. Sheline, 955 S.W.2d 42 (Tenn. 1997) (Tennessee rape‑shield rule explained)
- Henley v. State, 960 S.W.2d 572 (Tenn. 1997) (post‑conviction fact‑finding deference)