Defendant’s post-conviction petition seeking to apply Carpenter is denied. It’s a successor petition and untimely, and Carpenter isn’t shown to be retroactive. State v. Teitelbaum, 2019-Ohio-3175, 2019 Ohio App. LEXIS 3268 (10th Dist. Aug. 8, 2019).*
Defendant consented to talk to the Vanderbilt University Police about a rape with a plastic bottle of an unconscious student that somebody took a cell phone video of. There were plenty of armed officers in the building when he came in, but that doesn’t make it nonconsensual. [There was corroborative surveillance video from the hallways of the dorms. “When Captain Harville reviewed the June 23, 2013 surveillance footage from multiple cameras in Gillette Hall, a dormitory for athletes on Vanderbilt’s campus, he observed “four males carrying an unconscious female into Gillette Hall.’” Cell phone and computer search warrants produced numerous pictures of the victim and several of the defendant’s touching or penetrating her. State v. Vandenburg, 2019 Tenn. Crim. App. LEXIS 468 (Aug. 8, 2019)* (the opinion is 131 single spaced pages).