Joseph Wilson v. State of Tennessee

The Petitioner, Joseph Wilson, was convicted in 2001 by a Madison County Circuit Court
jury of a number of offenses, including attempted second degree murder and three counts
of aggravated rape, based on his having raped and cut the throat of a woman during his
participation with accomplices in burglarizing her home. In February 2022, the Petitioner
filed a petition pursuant to the Post-Conviction DNA Analysis Act of 2001, Tennessee
Code Annotated section 40-30-301, et. seq., for DNA analysis of the sexual assault kit, the
knife used to cut the victim’s throat, the clothing the victim was wearing at the time of the
assault, and assorted other items recovered from the bathroom where the sexual assault
occurred, asserting that “significant technological developments in forensic methodologies
over the last fifteen years [have occurred] that may now make it possible to conclusively
identify the true perpetrator[.]” Following a hearing, the post-conviction court denied the
petition, finding that the Petitioner had not shown there was a reasonable probability that
he would not have been prosecuted or convicted or that new DNA testing would resolve
an issue that had not been previously resolved. On appeal, the Petitioner argues that the
post-conviction court erred in finding that the Petitioner did not satisfy the requirements
for DNA analysis pursuant to the Post-Conviction DNA Analysis Act. The State concedes
that DNA analysis of the sexual assault kit and the knife is warranted but argues that it is
not warranted for the other pieces of evidence. We agree with the State that DNA analysis
is warranted for the sexual assault kit and unwarranted for the items collected from the
bathroom and for the victim’s clothing that was not collected as part of the sexual assault
kit. However, we disagree that DNA analysis is warranted for the knife. Accordingly, we
reverse the denial of the request for DNA analysis of the sexual assault kit but affirm the
denial of the request for DNA analysis of the knife and additional items. Thus, we affirm
in part, reverse in part, and remand for entry of an order for DNA testing consistent with
this opinion.