IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
OCTOBER 1997 SESSION
FILED
December 23, 1997
Cecil Crowson, Jr.
Appellate C ourt Clerk
LARRY LEONARD JOYNER, JR., )
) C.C.A. NO. 02C01-9610-CC-00328
Appellant, )
) LAKE COUNTY
VS. )
) HON. JOE G. RILEY, JR.,
BILLY COMPTON, Warden, ) JUDGE
)
Appellee. ) (Habeas corpus)
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY LEONARD JOYNER, JR. (pro se) JOHN KNOX WALKUP
Register No. 135266 Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN 38079-9775 DEBORAH A. TULLIS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
OPINION FILED:____________________
AFFIRMED
JOHN H. PEAY,
Judge
OPINION
The petitioner filed his petition for writ of habeas corpus on August 9, 1996,
alleging that he is being illegally restrained by virtue of a twenty year sentence imposed
in 1990 for aggravated rape. He contends that the underlying conviction is void because
it is based on an invalid indictment. He alleges that the indictment is invalid because it
does not include an allegation of the mens rea element of the offense. The petitioner
relies on 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). The court below
summarily dismissed the petition, and this appeal as of right followed. We affirm.
We first note that our Supreme Court has overruled this Court's decision
in Hill. See State v. Hill, __ S.W.2d __ (Tenn. 1997). Moreover, the indictment against
the petitioner alleges that he committed aggravated rape by “unlawfully forcibly or
coercively sexually penetrat[ing] [the victim] causing personal injury.” The use of the term
“forcibly or coercively” is sufficient to allege the mens rea required for aggravated rape.1
The petitioner's contention is therefore without merit.
The judgment below is affirmed.
___________________________________
JOHN H. PEAY, Judge
1
The mens rea requirem ent for ag gravate d rape is inte ntional, kn owing or reckles s. See State
v. Hill , __ S.W.2d __, __ (Tenn. 1997)
2
CONCUR:
______________________________
PAUL G. SUMMERS, Judge
______________________________
DAVID G. HAYES, Judge
3