Ricky Flamingo Brown, Sr. v. State of Tennessee

The petitioner, Ricky Flamingo Brown, Sr., was convicted in 1987 of the aggravated rape of his daughter. He later sought direct and delayed appeals, both of which were denied by this court and the Tennessee Supreme Court. Subsequently, he filed a petition pursuant to Tennessee Code Annotated section 40-30-403, which allows a defendant to petition the court for DNA analysis of evidence in possession of the State. The State responded to the petition by stating that evidence suitable for DNA testing was never collected and did not exist. The post-conviction court dismissed the petition and, following our review, we affirm that dismissal.