A convicted rapist sentenced to spend 42-years behind bars for the ferocious crime he committed on the evening of November 21, 2006 in Smyrna asked the courts for post-conviction relief. Elgene Porter argued that he received ineffective counsel while before the Circuit Court of Rutherford County.
Porter and his twin brother broke into a woman’s’ home in 2006 while the victim’s husband was gone for the evening. The victim was home alone with her two year old daughter. During the incident, Porter is accused of beating the family dog to death and then raping the mother in front of her daughter. Porter then wrapped the woman with duct tape before fleeing the scene. After Porter and his brother left, the victim freed herself and drove to the Smyrna Police Department. Officers called for an ambulance and the mother and daughter were transported to StoneCrest Medical Center where a detective met with the two.
Porter and his brother were tracked down as suspects and arrested. DNA from a ski mask that Porter was wearing directly linked him to the crime. Appeals Court documents state, “The Petitioner also asserts that trial counsel failed to discuss with him “the importance of DNA evidence.” In addition to the matter of DNA, Porter claims his sentencing was not properly addressed by his attorney.
After the Court of Criminal Appeals announced, “Petitioner has failed to establish that he is entitled to post-conviction relief.” The Supreme Court denied an appeal, according to documents released on Monday (9/16/13).
Court of Criminal Appeals, Nashville, TN
Circuit Court for Rutherford County, No. F-66693
No. M2012-01139-CCA-R3-PC Filed March 26, 2013
Judge Jefferey S. Bivins
Supreme Court Ruled on 9/11/13
Elgene Porter v. State of Tennessee
Denied: Application of Elgene Porter