COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Alexander Ruben Carino
E2023-01089-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Wesley Thomas Bray

The Defendant, Alexander Ruben Carino, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He alleged that his consecutive sentences were illegal because the trial court made no findings that consecutive sentences were appropriate. The trial court denied the motion after finding that the sentences were imposed pursuant to the Defendant’s valid plea agreement. On our review, we respectfully affirm the judgment of the trial court.

Cumberland Court of Criminal Appeals

Roger Terrell v. State of Tennessee
W2023-00039-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Petitioner, Roger Terrell, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Petitioner contends he received the ineffective assistance of counsel at trial. After review, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

Kennath Artez Henderson v. State of Tennessee
W2023-00515-CCA-R3-ECN
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Kennath Artez Henderson, appeals the Fayette County Circuit Court’s
summary denial of his petition for a writ of error coram nobis, challenging the sentence of
death that the trial court imposed after his guilty plea to the first degree premeditated
murder of a law enforcement officer. On appeal, the Petitioner claims that newly
discovered evidence of severe brain damage and serious mental illness at the time of the
offense may have resulted in a different judgment if presented at trial, that he was without
fault in failing to present the evidence at the proper time because trial counsel were
ineffective for failing to discover and present the evidence at sentencing, and that due
process requires tolling the statute of limitations. Based on our review of the oral
arguments, the record, and the parties’ briefs, we affirm the judgment of the coram nobis
court.

Fayette Court of Criminal Appeals

State of Tennessee v. Eric Pike
W2023-00351-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

The Lauderdale County Grand Jury indicted Defendant, Eric Pike, on one count of attempted second degree murder, one count of aggravated assault by strangulation, and one count of violating an order of protection. Pursuant to a plea agreement, Defendant pleaded guilty to the count of aggravated assault by strangulation, and the remaining counts were dismissed. Per the parties’ agreement, the trial court classified Defendant as a Range III persistent offender and imposed a ten-year sentence. After a sentencing hearing, the trial court ordered Defendant to serve this sentence in custody of the Tennessee Department of Correction (TDOC) and consecutively to an existing sentence for initiation of the process to manufacture methamphetamine. Defendant then filed a motion to withdraw his guilty plea, which the trial court denied. Defendant appeals, arguing: (1) the trial court erred in denying Defendant’s motion to withdraw his guilty plea; and (2) the trial court abused its discretion by ordering Defendant to serve his sentence consecutively to his existing sentence. After review, we affirm the judgment of the trial court.

Lauderdale Court of Criminal Appeals

G'Wayne Williams v. State of Tennessee
W2023-00511-CCA-R3-PC
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge A. Blake Neill

The Petitioner, G’wayne Williams, appeals the Lauderdale County Circuit Court’s denial
of his post-conviction petition, seeking relief from his convictions for three counts of rape
of a child, a Class A felony; three counts of rape, a Class B felony; three counts of statutory
rape by an authority figure, a Class C felony; six counts of incest, a Class C felony; three
counts of aggravated statutory rape, a Class D felony; and two counts of violating the sex
offender registry, a Class E felony, and resulting effective sentence of sixty-four years in
confinement. On appeal, the Petitioner contends that trial counsel was ineffective for
failing to file a pretrial motion to sever the counts for violating the sex offender registry,
which prejudiced the jury, and for failing to make contemporaneous objections and
preserve objections to inadmissible evidence in his motion for new trial, which resulted in
waiver on direct appeal. Upon review, we affirm the judgment of the post-conviction court.

Lauderdale Court of Criminal Appeals

Ronald P. Ellis v. State of Tennessee
W2023-00203-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Johnson Mitchell

Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of
counsel after this Court affirmed his first degree murder conviction. State v. Ellis, No.
W2017-01035-CCA-R3-CD, 2018 WL 4584124, at *1 (Tenn. Crim. App. Sept. 21, 2018).
The post-conviction court denied relief. Petitioner appealed, arguing that trial counsel was
ineffective for failing to include proof in the motion to suppress his statement to authorities
about whether Petitioner was brought before a judge or magistrate before making his
statement and whether Petitioner’s cognitive abilities prevented him from adequately
waiving his rights. Because the evidence does not preponderate against the post-conviction
court’s findings and conclusions, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Robert Winters
E2023-00705-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Amanda B. Dunn

Robert Winters, Defendant, appeals from the dismissal of a motion filed under Rule 36.1
of the Tennessee Rules of Criminal Procedure. In the motion, he challenged his sentence
for aggravated robbery, stemming from State v. Winters, 137 S.W.3d 641 (Tenn. Crim.
App. 2003), perm. app. denied (Tenn. Mar. 22, 2004). After a thorough review, we
determine that Defendant failed to state a colorable claim for relief, attempted to challenge
a sentence that was already expired, and raised claims that were previously determined.
Accordingly, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Craig Markeem Taylor v. Brandon Watwood, Warden
W2023-01169-CCA-R3-HC
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge Mark L. Hayes

The Petitioner, Craig Markeem Taylor, appeals the dismissal of his petition for writ of
habeas corpus, arguing that the habeas corpus court erred by summarily dismissing the
petition without an evidentiary hearing or the appointment of counsel. Based on our
review, we affirm the summary dismissal of the petition.

Lake Court of Criminal Appeals

State of Tennessee v. Matthew F. Beasley
M2023-00419-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Matthew F. Beasley, appeals the trial court’s order revoking his probationary sentence for aggravated assault and ordering him to serve the balance of his ten-year sentence in confinement. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

Macon Court of Criminal Appeals

State of Tennessee v. Charles Felix Bell, Jr.
M2023-00534-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steve R. Dozier

Defendant, Charles Felix Bell, Jr., appeals the trial court’s order revoking his probationary sentence for possession of cocaine with intent to sell. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Joshua Steven Sullivan
E2022-00962-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant, Joshua Steven Sullivan, of two counts of
rape of a child, one count of attempted rape of a child, and one count of aggravated sexual
battery. The trial court imposed a total effective sentence of forty-two years. The
Defendant argues that the trial court committed several evidentiary errors, including by
admitting evidence that (1) the victim made statements to her sister and best friend as
excited utterances; (2) he told officers they needed a warrant to enter the house and that he
was on his way to his attorney’s office; (3) he had prior convictions for purposes of
impeachment; and (4) he removed his GPS monitoring bracelet and left the jurisdiction
while on pretrial release. The Defendant also asserts that the trial court erred in instructing
the jury regarding flight and that the cumulative effect of these errors entitles him to a new
trial. Finally, he asserts that the trial court erred in imposing consecutive sentences. Upon
review, we conclude that harmless errors exist in the admission of the Defendant’s
statements related to his purported exercise of constitutional rights. Otherwise, we
respectfully affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Jim George Conaser v. State of Tennessee
M2023-00271-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Petitioner, Jim George Conaser, of aggravated assault, and the trial court sentenced him to serve a term of twelve years as a Range III, persistent offender. Thereafter, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to object to character evidence and hearsay. The post-conviction court denied the petition after a hearing. On our review, we respectfully affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Kip Dylane Buie v. State of Tennessee
M2022-01232-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Stella L. Hargrove

The Petitioner, Kip Dylane Buie, pled guilty to second degree murder and attempted second degree murder. He received an effective forty-year sentence. Subsequently, he filed a petition for post-conviction relief, alleging that his plea counsel was ineffective during the plea process and that his guilty pleas were not knowingly and voluntarily entered. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed to this Court. On our review, we respectfully affirm the judgment of the post-conviction court.

Lawrence Court of Criminal Appeals

State of Tennessee v. Christopher Layne Spencer
E2022-01276-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Christopher Layne Spencer, was convicted by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony, and violating the sexual offender registration act, a Class E felony. See T.C.A. §§ 39-13-504 (2018) (aggravated sexual battery); 40-39-211(k) (2019) (sexual offender registry). The Defendant was sentenced to an effective fourteen years for the convictions. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for violating the sexual offender registry, (2) the trial court erred by admitting text messages as evidence, (3) the trial court erred by denying his request for a mistrial, (4) the trial court erred by limiting his closing argument, (5) the prosecutor engaged in improper closing argument, (6) the trial court erred with its jury instructions, and (7) the cumulative effect of the alleged errors entitles him to relief. We affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Terrell Craft
W2023-00152-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Paula Skahan

The defendant, Terrell Craft, appeals his Shelby County Criminal Court jury convictions
of second degree murder and three counts of aggravated assault, challenging the sufficiency
of the convicting evidence and the trial court’s omission of a jury instruction on the defense
of necessity. Discerning no error, we affirm.

Shelby Court of Criminal Appeals

State of Tennessee v. Jeffrey Clay Dale
M2023-00167-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge J. Russell Parkes

The Defendant, Jeffrey Clay Dale, was convicted by a Maury County Circuit Court jury of two counts of driving under the influence, third offense, which the trial court merged. See T.C.A. §§ 55-10-401(1) (2020) (driving under the influence of an intoxicant), -401(2) (driving with a blood- or breath-alcohol concentration of 0.08% or more), 55-10-402 (a)(3)(A) (2020) (subsequently amended) (third offense driving under the influence). The trial court sentenced the Defendant to eleven months, twenty-nine days, with 140 days to be served in jail and the balance on probation. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions and (2) the trial court erred in allowing a law enforcement officer to testify about his observations during field sobriety testing of the Defendant. We affirm the judgment of the trial court.

Maury Court of Criminal Appeals

Tavaris D. Bledsoe v. State of Tennessee
W2023-00361-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chirs Craft

Petitioner, Tavaris D. Bledsoe, appeals the denial of his post-conviction petition, arguing
that the post-conviction court erred in concluding that he received the effective assistance
of counsel. Upon our review, we conclude that Petitioner has failed to prepare a sufficient
brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee
Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal
is dismissed.

Shelby Court of Criminal Appeals

Bobby V. Summers v. State of Tennessee
M2023-00103-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Bobby V. Summers, Petitioner, appeals the post-conviction court’s summary dismissal of his petition as time-barred. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

James Moore v. State of Tennessee
W2022-01785-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge James Jones, Jr.

The Petitioner, James Moore, was convicted by a Shelby County jury of attempted first
degree murder and employing a firearm during the commission of a dangerous felony, for
which he received an effective sentence of twenty-six years’ imprisonment. He now
appeals the post-conviction court’s denial of relief, arguing that trial counsel was
ineffective by failing to: (1) subpoena records that might have shown the victim’s
intoxication; and (2) adequately advise the Petitioner about testifying. Alternatively, he
argues that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After
review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Kelvin Montgomery
W2022-01160-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Appellant, Kelvin Montgomery, was convicted of especially aggravated kidnapping
and aggravated sexual battery. The trial court imposed an effective sentence of thirtyseven
years’ confinement. On appeal, the Appellant argues that: (1) the evidence is
insufficient to support his convictions; (2) the trial court committed plain error by failing
to provide the jury instruction required under State v. White, 362 S.W.3d 559, 580-81
(Tenn. 2012), in connection with his aggravated rape charge; and (3) the trial court abused
its discretion by imposing the maximum within-range sentences and ordering that they be
served consecutively. Upon our review, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Lanoris Cordell Carter
W2023-00448-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Tony Childress

Defendant, Lanoris Cordell Carter, appeals his Lake County Circuit Court conviction for
tampering with evidence. He argues on appeal that the evidence was insufficient to support
his conviction. Defendant asserts that throwing items out of a car window during an
attempted traffic stop such that law enforcement could not recover the items is “mere
abandonment” rather than concealment or destruction for purposes of the evidence
tampering statute. After review, we affirm the judgment of the trial court.

Lake Court of Criminal Appeals

State of Tennessee v. Jeremiah Leavy
W2023-00670-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

A Tipton County jury convicted Jeremiah Leavy, Defendant, of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed an effective sentence of life plus fifteen years’ imprisonment. On direct appeal, we affirmed Defendant’s convictions, and the Tennessee Supreme Court denied Defendant’s application for permission to appeal. Defendant then sought post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court dismissed his petition, and we affirmed the post-conviction court’s dismissal. Defendant then moved to correct a clerical mistake that he was not on probation at the time of the offense. The trial court entered an order to correct the record accordingly. At issue here, Defendant subsequently moved under Tennessee Rule of Criminal Procedure 36.1 to correct what he alleged was an illegal sentence, and the trial court denied his motion. On appeal, Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

Tipton Court of Criminal Appeals

Pedro Ignacio Hernandez v. State of Tennessee
2023-00796-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Monte Watkins

The petitioner, Pedro Ignacio Hernandez, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

State of Tennessee v. Rusty Amos Long
M2023-00427-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Rusty Amos Long, appeals the Robertson County Circuit Court’s order revoking his community corrections sentence for his conviction for burglary other than a habitation and ordering him to serve the remainder of his five-year sentence in confinement. The Defendant contends that the trial court erred by failing to conduct a new sentencing hearing and by failing to consider whether revocation was in the interests of justice. We affirm the judgment of the trial court.

Robertson Court of Criminal Appeals

State of Tennessee v. Percy D. Thompson
M2023-00051-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Mark J. Fishburn

Defendant, Percy D. Thompson, was indicted by a Davidson County Grand Jury for the attempted first degree murder (count one) and aggravated assault (count two) of his wife.  Following a bench trial, Defendant was convicted of the lesser included offense of attempted second degree murder in count one, and aggravated assault as charged in count two.  The trial court sentenced Defendant to twelve years for count one and ten years for count two and merged the aggravated assault conviction into the attempted second degree murder conviction.  Defendant appeals his convictions arguing the trial court failed to find him guilty of aggravated assault at the conclusion of the proof and therefore erred in sentencing him for count two and that the evidence was insufficient to support either of his convictions.  Following our review of the record, including the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals