COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Jevon Brodie and Tavares Harbison
M2023-00135-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert T. Bateman

A Montgomery County jury convicted the defendants, Jevon Brodie and Tavares Harbison, each of one count of aggravated robbery, one count of theft of property greater than $10,000, but less than $60,000, and one count of theft of property under $500. Brodie was additionally convicted of two counts of reckless homicide and received an effective sentence of sixteen years in confinement. Harbison was also convicted of two counts of criminally negligent homicide and received an effective sentence of fourteen years in confinement. On appeal, the defendants contend that (1) the juvenile court erred in transferring their cases to circuit court without making individualized findings; (2) the evidence was insufficient to sustain a conviction for theft greater than $10,000; and (3) the trial court erred in sentencing the defendants. Additionally, Brodie insists that the trial court erred in instructing the jury on causation and that the prosecutor’s statements during summation were improper. Upon review of the record, the parties’ briefs, oral arguments, and considering the applicable law, we affirm the decisions of the juvenile and trial courts. However, we remand for the limited consideration by the trial court as to the application of the Wilkerson factors in determining the propriety of consecutive sentencing for Tavares Harbison.

Montgomery Court of Criminal Appeals

State of Tennessee v. Jeffrey L. Brousseau
E2023-01432-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Jeffrey L. Brousseau, appeals from his guilty-pleaded convictions for
possession with the intent to deliver or sell one-half gram or more of methamphetamine;
possession with the intent to deliver or sell marijuana; theft of property valued at $1,000
or less; driving while in possession of five grams of methamphetamine; and driving on a
suspended license. Pursuant to the terms of the plea agreement, the Defendant received an
effective ten-year sentence, and the trial court was to determine the manner of service. The
trial court subsequently denied the Defendant’s request for alternative sentencing, a
decision the Defendant now appeals. Following our review, we affirm the judgments of
the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Joey Godwin
W2023-01483-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Clayburn Peeples

Defendant, Joey Godwin, filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, challenging his two convictions for the sale of .5 grams or more of cocaine and resulting 60-year sentence. The trial court summarily denied the motion. Defendant appeals. Because Defendant failed to state a colorable claim, we affirm the judgment of the trial court. 

Gibson Court of Criminal Appeals

State of Tennessee v. Gary Lynn Hart
W2023-01103-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Donald H. Allen

The Defendant, Gary Lynn Hart, was convicted in the Chester County Circuit Court of two counts of possession of a firearm after having been convicted of a violent felony, a Class B felony; one count of theft of property valued more than one thousand dollars, a Class E felony; and one count of resisting arrest, a Class B misdemeanor, and received an effective sentence of thirty-one years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court. 

Chester Court of Criminal Appeals

State of Tennessee v. Scott Allen Briggs
E2022-01463-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge David R. Duggan

The Defendant, Scott Allen Briggs, was convicted by a Blount County Circuit Court jury of rape of a child, a Class
A felony, for which he is serving a thirty-five-year sentence as a Range II offender. See T.C.A. §§ 39-13-522 (2018)
(subsequently amended) (rape of a child, Range II or higher sentencing requirement). On appeal, the Defendant
contends that: (1) the trial court erred in denying his motions to dismiss due to the State’s failure to preserve
evidence, (2) the court erred by instructing the jury on flight, (3) the court abused its discretion in three of its
evidentiary rulings, and (4) the court erred in sentencing. We affirm the judgment of the trial court.

Blount Court of Criminal Appeals

State of Tennessee v. Joshua Lee Enoch
W2023-01032-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Bruce Irwin Griffey

A Henry County jury convicted the Defendant, Joshua Lee Enoch, of two counts of rape and one count of aggravated statutory rape, and the Defendant received an effective sentence of twelve years in the Tennessee Department of Correction. On appeal, the Defendant raises the following issues: (1) whether the evidence was legally sufficient to sustain his convictions; (2) whether the trial court committed plain error in denying two motions for a competency evaluation; (3) whether the trial court committed plain error in denying his motion for a continuance; and (4) whether he is entitled to relief on the basis of cumulative error. Upon our review, we respectfully affirm the judgments of the trial court.

Henry Court of Criminal Appeals

State of Tennessee v. Bobby V. Summers
M2023-01589-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Bobby V. Summers, Defendant, appeals from the trial court’s summary dismissal of his pro se Tennessee Rules of Criminal Procedure Rule 36.1 motion in which he sought to have his plea-bargained conviction for facilitation of first degree murder dismissed. Defendant’s motion did not seek correction of his sentence, and the trial court found that the motion failed to state a colorable claim. Discerning no error, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Kenneth D. Cook v. State of Tennessee
W2023-01408-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

The Petitioner, Kenneth D. Cook, appeals from the denial of his petition seeking post-conviction relief from his guilty plea convictions of solicitation of first-degree murder, robbery, and aggravated assault with serious bodily injury. Upon our review, we affirm. 

Gibson Court of Criminal Appeals

State of Tennessee v. Ambreia Tavaris Washington
W2023-00691-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Joseph T. Howell

Defendant, Ambreia Tavaris Washington, was convicted in a bifurcated trial by a Madison County jury of attempted first degree murder where the victim suffered serious bodily injury (count one), unlawful employment of a firearm during the attempt to commit a dangerous felony (count two), three counts of unlawful possession of a firearm after having been convicted of a felony crime of violence (counts three, four, and five), unlawful possession of a firearm after having been convicted of a felony drug offense (count six), and two counts of unlawfully employing a firearm during the commission of or attempt to commit a dangerous felony after having been previously convicted of a dangerous felony (counts seven and eight). Following a sentencing hearing, the trial court imposed an effective sixty-three-year sentence. On appeal, Defendant argues that because there was insufficient evidence of serious bodily injury, his conviction in count one should be reduced to attempted first degree murder without the serious bodily injury sentencing enhancement, and that the trial court erred in imposing discretionary consecutive sentencing. Following review of the entire record, oral arguments, briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

Curtis Keller v. State of Tennessee
W2023-01188-CCA-R3-ECN
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Carlyn L. Addison

Pro se petitioner, Curtis Keller, appeals the summary dismissal of his second petition seeking error coram nobis relief.1 Upon our review, we affirm.

Shelby Court of Criminal Appeals

State of Tennessee v. Servadio M. Boyd
M2023-00259-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Servadio M. Boyd, was convicted on a plea of guilty of possession of .5 grams or more of cocaine with intent to sell before the Davidson County Criminal Court in 2014. As part of his plea agreement with the State, Defendant agreed to an eight-year sentence with the manner of service to be decided by the trial court at a sentencing hearing. Prior to his sentencing hearing, however, Defendant left the jurisdiction. He was then arrested and convicted of dealing in cocaine and conspiracy to commit dealing in cocaine in the Vanderburgh Circuit Court of Indiana, for which he received a sentence of thirteen years’ incarceration. Based upon his failure to appear at his sentencing hearing in Davidson County, the trial court issued an arrest warrant and lodged a detainer against Defendant. In 2019, Defendant filed, in the Davidson County Criminal Court, a motion to dismiss the detainer, arguing that the charges against him should be dismissed with prejudice based on an alleged violation of the Interstate Agreement on Detainers. Following a hearing and briefing by the parties, the trial court granted Defendant’s motion and dismissed the case against Defendant. The State appealed. Following a thorough review, we reverse the judgment of the trial court and remand for further proceedings.

Davidson Court of Criminal Appeals

State of Tennessee v. Gerald Myers
W2023-00771-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark L. Hayes

A Dyer County jury found the Defendant, Gerald Myers, guilty of attempted second degree murder and employing a firearm during the commission of a dangerous felony. On appeal, the Defendant asserts that there is insufficient evidence to support his convictions because he acted in self-defense. After review, we affirm the trial court’s judgments.

Dyer Court of Criminal Appeals

Daniel Ward v. State of Tennessee
E2023-01024-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Zachary R. Walden

Petitioner, Daniel Ward, was convicted of ten counts of aggravated sexual battery. The trial court sentenced Petitioner to fifty-four years of incarceration, and this court affirmed his convictions on direct appeal. Petitioner then filed a petition for post-conviction relief, claiming ineffective assistance of counsel and cumulative error. The post-conviction court denied the petition after a hearing, and Petitioner now timely appeals. After review, we affirm the judgment of the post-conviction court.

Campbell Court of Criminal Appeals

State of Tennessee v. Hollie Whipple
W2023-01383-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Weber McCraw

Defendant, Hollie Whipple, pled guilty to especially aggravated burglary, aggravated
assault by use of a deadly weapon, and aggravated assault in connection with her
perpetration of a home invasion in Fayette County. After a sentencing hearing, the trial
court imposed an effective sentence of ten years’ incarceration at 100% service rate. She
argues on appeal that her sentence is excessive and the trial court erred in denying
probation. After review, we affirm the judgments of the trial court.

Fayette Court of Criminal Appeals

Terrance Holliday v. State of Tennessee
W2023-01179-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Carlyn L. Addison

The Petitioner, Terrance Holliday, appeals the post-conviction court’s denial of his petition
for post-conviction relief, arguing that the post-conviction court erred by denying his
motion for recusal and by finding that he received effective assistance of counsel. Based
on our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Denver Christian Smith
E2023-00182-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Lisa N. Rice

The Defendant, Denver Christian Smith, was convicted by a Washington County Criminal
Court jury of first degree felony murder, attempted second degree murder, and attempted
carjacking. See T.C.A. §§ 39-13-202 (2014) (subsequently amended) (first degree
murder), 39-13-210 (2014) (subsequently amended) (second degree murder), 39-13-404
(2018) (carjacking), 39-12-101 (2018) (criminal attempt). On appeal, the Defendant
contends that: (1) the trial court erred when it denied the Defendant’s motion to suppress
his statements to the police and (2) no reasonable trier of fact could find that the Defendant
failed to establish his insanity defense by clear and convincing evidence. We affirm the
judgments of the trial court.

Washington Court of Criminal Appeals

State of Tennessee v. Larry E. Orozco
M2023-00874-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Barry R. Tidwell

The Defendant, Larry E. Orozco, was originally convicted of two counts of attempted
second-degree murder, two counts of unlawful employment of a firearm during an attempt
to commit a dangerous felony, and seven counts of reckless endangerment committed with
a deadly weapon, for which he received an effective sentence of thirty-one years’
imprisonment. This court affirmed his convictions on direct appeal; however, appellate
review of his sentence was waived because the record did not include the sentencing
hearing transcript. The Defendant subsequently filed a post-conviction petition alleging
ineffective assistance of counsel, and the trial court granted a delayed appeal. The
Defendant now challenges the consecutive nature of his sentence and contends the trial
court erred in finding that he was a dangerous offender, see Tenn. Code Ann. § 40-35-
115(b)(4), and in failing to make the necessary findings pursuant to State v. Wilkerson,
905 S.W.2d 933 (Tenn. 1995). Upon our review, we detect clerical errors in the judgments
and remand for entry of corrected judgments in counts 10, 11, 12, 16, 17, and 19. In all
other respects, we affirm.

Rutherford Court of Criminal Appeals

Kevin Lamont French v. State of Tennessee
M2023-01579-CCA-R3-ECN
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, acting pro se, appeals the Davidson County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. Upon our review, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Ronnie Dale Whitener
M2023-00618-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Wesley Thomas Bray

In 2020, the Petitioner, Ronnie Dale Whitener, pleaded guilty to one count of the sale of and one count of the possession of less than 0.5 grams of methamphetamine, as well as one count of theft and one count of being a felon in possession of a handgun. The trial court sentenced him to an effective sentence of ten years of incarceration. In March 2023, the Petitioner filed a petition for post-conviction relief, which is not included in the record. The trial court summarily dismissed the petition as untimely, and the Petitioner appeals. After review, we affirm the trial court’s dismissal.

Putnam Court of Criminal Appeals

John David Smartt v. State of Tennessee
M2023-00104-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, John David Smartt, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to prepare him to testify and failing to object to testimony concerning a recorded phone call between the victim (“J.S.”)1 and Petitioner. Following our review of the entire record, oral arguments, and the briefs of the parties, we affirm the judgment of the post-conviction court.

Warren Court of Criminal Appeals

State of Tennessee v. John Edward Graham
E2023-01066-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted Defendant of Class E felony theft of property valued at more than $1,000 but less $2,500. Defendant claims that the evidence was insufficient to sustain the conviction and that the trial court erred in denying Defendant the right to enter relevant evidence. Following our review, we determine that the evidence was sufficient for the jury to find Defendant guilty and that the trial court properly excluded the evidence because it was not properly authenticated. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Rodney Heatherly
M2023-00264-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge M. Caleb Bayless

This is an appeal from the trial court’s order of restitution. The Appellant asserts error,
and the State concedes. After review, we reverse the trial court’s judgment and remand the
case for a new restitution hearing.

Lawrence Court of Criminal Appeals

State of Tennessee v. Michael David Mosley
M2023-00475-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Michael David Mosley, appeals his Davidson County Criminal Court convictions for two counts of first degree murder, one count of attempted first degree murder, and one count of assault, for which Defendant received a total effective sentence of two consecutive life terms plus 40 years. Defendant asserts on appeal that: (1) the indictment was invalid because it was signed by an Assistant District Attorney General; (2) the trial court erred by allowing evidence of other bad acts in contravention of Tennessee Rule of Evidence 404(b); (3) the trial court’s instructions to the jury should have included a “no duty to retreat” instruction; (4) the State made improper comments during closing argument; (5) the evidence was insufficient to show premeditation; and (6) the trial court abused its discretion by imposing consecutive sentencing.1 Having reviewed the entire record on appeal, the parties’ briefs, and oral arguments, we affirm Defendant’s convictions and sentences.

Davidson Court of Criminal Appeals

Jason L. White v. State of Tennessee
W2023-01177-CCA-R3-ECN
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James Jones, Jr.

Petitioner, Jason L. White, appeals the Shelby County Criminal Court’s denial of his “Petition for Writ of Error Coram Nobis.” Following our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Jeremie Scott Modine
M2022-01183-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Stella L. Hargrove

A Maury County jury convicted Defendant, Jeremie Scott Modine, of one count of rape,
one count of domestic assault, three counts of violating a no-contact order, and two counts
of violating a protective order. Defendant argues on appeal that (1) the trial court
committed plain error in constructively amending the indictment to charge rape by lack of
consent, and (2) that the trial court erred in denying alternative sentencing. After careful
consideration, we hold that the trial court committed plain error in constructively amending
the indictment by instructing the jury on a mode of liability not charged in the indictment.
The trial court did not abuse its discretion in denying alternative sentencing. We therefore
vacate Defendant's rape conviction and remand this matter for a new trial on that count of
the indictment as well as correction of judgment forms as outlined in this opinion.

Maury Court of Criminal Appeals