Bradley David Townsend v. State of Tennessee

The Petitioner, Bradley Townsend, appeals the Roane County Criminal Court’s denial of his petition for post-conviction relief from his two convictions of aggravated sexual battery, a Class B felony, and resulting sentence of eight years. On appeal, he contends that he received ineffective assistance of counsel because trial counsel failed to request jury instructions on certain lesser-included offenses. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the Petitioner received the ineffective assistance of counsel with regard to his conviction of aggravated sexual battery in count twenty-one. Therefore, we reverse the judgment of the post-conviction court as to that count and remand the case to the trial court for further proceedings consistent with this opinion.