A man convicted by a jury in a Rutherford County Circuit Courtroom on two counts of rape of a child and two counts of aggravated sexual battery, is seeing post-conviction relief as approved by the State of Tennessee Criminal Appeals Court. However, the so-called relief is not in the subject's favor.

Nicholas Keith Phillips, formerly of Leanna Road in Murfreesboro, received a prison sentence of 40-years and required to serve the entire sentence behind bars.

During the 2013 trial, a Rutherford County Dispatcher said that she answered a 9-1-1 call from the 12-year-old victim who reported that Philips tried to rape her. The case was then investigated by detectives, which eventually led to charges and a court conviction.

In 2016, the now 31 year old filed for post-conviction relief suggesting he had ineffective assistance of counsel. Among other items, the man also said that the state engaged in witness tampering. Phillips also said that the state failed to disclose prior forensic interviews of the victim that would have been favorable to his case.

In 2017, Phillips testified at an evidentiary hearing. Shortly after, the post-conviction court found that trial counsel failed to proceed in a timely manner. However, a new trial will not take place. The Court of Criminal Appeals agree that counsel performed in a deficient manner, yet the outcome of the case and convictions were proper. Judge James Witt reversed a ruling that allowed for post-conviction relief, which means Phillips will remain behind bars for the rape of a 12-year-old child.

Phillips is scheduled to be released from prison when he is 65 years of age in year 2052.

Source:

TN Criminal Appeals Court
No. M2018-00058-CCA-R3-PC