The opinion
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE FILED
JUNE 1997 SESSION December 23, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
DONALD WAYNE HOLT, )
) C.C.A. NO. 03C01-9702-CR-00059
Appellant, )
) JOHNSON COUNTY
VS. )
) HON. LYNN W. BROWN,
HOWARD CARLTON and ) JUDGE
STATE OF TENNESSEE )
)
Appellees. ) (Habeas corpus)
FOR THE APPELLANT: FOR THE APPELLEE:
KENNETH F. IRVINE, JR. JOHN KNOX WALKUP
606 W. Main St., Suite 350 Attorney General & Reporter
P.O. Box 84
Knoxville, TN 37901-0084 SANDY R. COPOUS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
DAVID CROCKETT
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
OPINION FILED:____________________
AFFIRMED
JOHN H. PEAY,
Judge
OPINION
The petitioner filed his petition for writ of habeas corpus on September 18,
1996, alleging that his 1991 conviction for aggravated rape is void because it is based
upon an invalid indictment. Specifically, he claims that the indictment fails to allege the
necessary mens rea element and that his conviction must therefore be reversed and
dismissed pursuant to this Court’s opinion in State v. Roger Dale Hill, Sr., No. 01C01-
9508-CC-00267, Wayne County (Tenn. Crim. App. filed June 20, 1996, at Nashville).1
The court below summarily dismissed the defendant’s petition, finding that it fails to state
a claim upon which relief could be granted. The defendant now appeals. We affirm the
judgment below.
In Hill, this Court held that an indictment for aggravated rape alleging that
the defendant had “unlawfully sexually penetrate[d]” the victim was insufficient because
it did not allege a culpable mental state. However, our Supreme Court has overruled this
Court’s decision in Hill, holding that aggravated rape “is committable only if the principal
actor's mens rea is intentional, knowing, or reckless. Thus, the required mental state may
be inferred from the nature of the criminal conduct alleged.” State v. Hill, __ S.W.2d __
(Tenn. 1997) (footnote omitted).
In this case, the petitioner was also charged with aggravated rape, the
indictment alleging that he “unlawfully did sexually penetrate and cause bodily injury to”
the victim. Under our Supreme Court's analysis in Hill, this indictment is adequate. This
1
The petitioner also claims in his petition that the indictment was not signed by the district
attorney general. However, this issue has not been briefed and is therefore waived. Tenn. Crim. App.
R. 10(b). Moreover, the copy of the indictment included in the record contains the signature of Guy R.
Dotson, who was the district attorney general of Rutherford County at the time. This issue merits no
further discussion.
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issue is therefore without merit.
The judgment below is affirmed.
_________________________________
JOHN H. PEAY, Judge
CONCUR:
______________________________
JOSEPH M. TIPTON, Judge
______________________________
CURWOOD W ITT, Judge
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