COURT OF CRIMINAL APPEALS OPINIONS

Ronald Anson Wheeler v. Vincent Vantell, Warden
M2024-00615-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Michael Collins

In 2022, the Petitioner entered a best interest plea to one count of reckless homicide and two counts of selling fentanyl. By agreement, the State dismissed multiple other pending charges, and the trial court entered the agreed sentence of fifteen years. In 2024, the Petitioner filed a petition for habeas corpus relief contending that, pursuant to the circumstances of the plea, the trial court lacked subject matter jurisdiction over the case, nullifying his convictions. The habeas corpus court summarily dismissed the petition. The Petitioner filed an untimely appeal but claims that he improperly filed for appeal in the wrong court. On appeal, he maintains his subject matter jurisdiction claim. After review, we affirm the habeas corpus court’s judgment.

Trousdale Court of Criminal Appeals

State of Tennessee v. Joseph Sakai Hall
M2024-00254-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Angelita Blackshear Dalton

Pursuant to a negotiated plea agreement, Defendant, Joseph Sakai Hall, pleaded guilty in the Davidson County Criminal Court to one count of aggravated assault involving serious bodily injury, a Class C felony, and received a sentence of three to four years as a Range I offender with the trial court to determine the length and manner of service and whether to grant Defendant’s request for judicial diversion.  Following a sentencing hearing, the trial court denied Defendant’s request for diversion and sentenced him to four years with 180 days to serve and the remainder to be supervised on probation.  After a careful review, we affirm the judgment of the trial court. 

Davidson Court of Criminal Appeals

State of Tennessee v. Raymond Mefford
M2024-00160-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Robert T. Bateman

The Defendant, Raymond Mefford, was convicted of two counts of aggravated assault following a bench trial in the Robertson County Circuit Court. He was sentenced to serve four years in confinement. On appeal, the Defendant challenges the trial court’s denial of alternative sentencing, arguing that the trial court should have offered the elderly and homeless Defendant rehabilitative treatment in the form of housing assistance or work programs. Following our review, we affirm.

Robertson Court of Criminal Appeals

State of Tennessee v. Bobby V. Summers
M2024-00881-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers

The Defendant, Bobby V. Summers, appeals the trial court’s summary dismissal of his motions to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Davidson Court of Criminal Appeals

Justin Quistopher Webb v. State of Tennessee
M2024-00833-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge William R. Goodman, III

The Petitioner, Justin Quistopher Webb, pled guilty to attempted first degree murder and theft of property and received a sentence of twenty years. Thereafter, he filed a petition for post-conviction relief, alleging that his plea counsel rendered ineffective assistance in failing to advise him of the significant consequences of the plea. After a hearing, the post-conviction court denied the petition by finding that plea counsel was not ineffective. On appeal, the Petitioner argues that the post-conviction court erred in denying his petition, asserting that he proved his allegations by clear and convincing evidence. Upon our review, we respectfully disagree and affirm the post-conviction court’s judgment.

Robertson Court of Criminal Appeals

State of Tennessee v. Bobby Daniel Pettie
M2024-00558-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County jury found the Defendant, Bobby Daniel Pettie, guilty of possession of a firearm with the intent to go armed during the commission of a dangerous felony, among other offenses. The court then imposed a six-year sentence for this conviction after implicitly finding that the Defendant had a qualifying prior felony conviction. Thereafter, the Defendant sought to have his sentence declared illegal pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that the jury did not find that he had a qualifying prior felony conviction. The trial court denied the motion, finding that the Defendant waived the jury’s determination of the issue. The Defendant appealed to this court. Upon our review, we respectfully affirm the judgment of the trial court.

Bedford Court of Criminal Appeals

Joseph E. Graham v. State of Tennessee
M2024-00108-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Petitioner, Joseph E. Graham, appeals from the Montgomery County Circuit Court’s denial of post-conviction relief from his convictions for two counts of first degree felony murder, seven counts of especially aggravated kidnapping, five counts of attempted aggravated robbery, and one count of especially aggravated burglary and his effective sentence of life imprisonment plus twenty years. On appeal, the Petitioner contends that the post-conviction court erred by (1) denying relief on his ineffective assistance of counsel claim and (2) denying his motion for a continuance of the post-conviction hearing. We affirm the judgment of the post-conviction court.

Montgomery Court of Criminal Appeals

Mickey Verchell Shanklin v. State of Tennessee
W2024-00328-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Petitioner, Mickey Verchell Shanklin, appeals the post-conviction court’s order denying his petition for post-conviction relief in which he challenged his convictions for the sale of heroin, the delivery of heroin, the sale of fentanyl, and the delivery of fentanyl and his effective sentence of thirty years of imprisonment as a Range III, persistent offender. On appeal, Petitioner asserts that trial counsel was ineffective in failing to submit the controlled substance for independent testing. Because Petitioner filed an untimely notice of appeal, we dismiss the appeal.

Madison Court of Criminal Appeals

State of Tennessee v. William Wylie
M2023-00870-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge J. Russell Parkes

A Maury County jury convicted the Defendant, William Wylie, of second degree murder, among other offenses. The trial court imposed a sentence of twenty years. On appeal, the State asks this court to dismiss the appeal because the Defendant’s notice of appeal was untimely. Upon our review, we agree that the Defendant’s notice of appeal was untimely and that the interest of justice does not require us to waive the timely filing requirement. We respectfully dismiss the appeal.

Maury Court of Criminal Appeals

State of Tennessee v. Brentnol Calvin James
M2024-00193-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

A Davidson County jury convicted the Defendant, Brentnol Calvin James, of first degree premeditated murder, and the trial court imposed a life sentence. On appeal, the Defendant asserts that the evidence of premeditation was insufficient to support his conviction, and that the trial court erred by failing to provide a jury instruction on self-defense. After review, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

State of Tennessee v. Joey Dewayne Callahan
M2023-01238-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge M. Wyatt Burk

Joey Dewayne Callahan (“Defendant”) appeals from his Marshall County Circuit Court convictions for possession with intent to sell or deliver more than 0.5 grams of methamphetamine, possession of a prohibited weapon, possession with the intent to use drug paraphernalia, resisting arrest, and reckless driving, for which he received a total effective sentence of fifteen years’ incarceration. Defendant contends that the evidence was insufficient to establish his intent to sell the methamphetamine. Following a thorough review, we affirm the judgments of the trial court.

Marshall Court of Criminal Appeals

State of Tennessee v. Jamarea Dashon Alderson
M2023-01286-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David L. Allen

After being indicted on multiple charges in two separate cases, Jamarea Dashon Alderson, Defendant, entered an open guilty plea to the offenses of aggravated assault, two counts of simple possession of marijuana, possession of oxycodone, possession of hydrocodone, and evading arrest.  The trial court denied alternative sentencing and sentenced Defendant to serve an effective sentence of five years, eleven months, and twenty-nine days, ordering partial consecutive sentencing.  Defendant appeals, arguing that the trial court erred in denying alternative sentencing and ordering consecutive sentencing.  Defendant also challenges the trial court’s admission of testimony about pending charges during the sentencing hearing.  Because the trial court did not abuse its discretion, we affirm the judgments of the trial court. 

Maury Court of Criminal Appeals

Monoleto D. Green v. State of Tennessee
M2024-00783-CCA-R3-HC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Monoleto D. Green, acting pro se, appeals from the order of the Davidson County Criminal Court summarily dismissing his second petition seeking a writ of habeas corpus. Pursuant to Rule 20 of the Rules of the Court of Criminal Appeals, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. William Swafford
E2023-01273-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Alex E. Pearson

The Defendant, William Swafford, was convicted by a Hamblen County jury of especially
aggravated kidnapping, aggravated assault, and rape, for which he received an effective
sentence of fifty-five years’ imprisonment. On appeal, he argues that the evidence is
insufficient to support his conviction of especially aggravated kidnapping and that the trial
court erred by admitting the preliminary hearing testimony of the Defendant’s late wife.
After review, we affirm the trial court’s judgments.

Hamblen Court of Criminal Appeals

State of Tennessee v. Joshua L. Hutcherson
W2024-00210-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Kyle C. Atkins

The defendant, Joshua L. Hutcherson, pleaded guilty to four counts of vehicular assault, two counts of driving on a revoked license with a prior DUI, one count of leaving the scene of an accident with injuries, four counts of reckless aggravated assault, and one count of felony reckless endangerment, and the trial court imposed an effective sentence of fourteen years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying alternative sentencing and in failing to apply an appropriate mitigating factor. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for corrected judgment forms.

Henderson Court of Criminal Appeals

Tracy L. Harris v. State of Tennessee
W2023-00973-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Bruce I. Griffey

Petitioner, Tracy L. Harris, pleaded guilty in Carroll County Circuit Court to first degree murder and aggravated rape and was sentenced to an effective sentence of life without parole. After unsuccessful challenges to his convictions and sentences in Tennessee and federal courts, Petitioner filed a pro se petition pursuant to the Post-Conviction DNA Analysis Act of 2001 (“The Act”), Tennessee Code Annotated section 40-30-301, et. seq., requesting DNA analysis on several items and samples taken from the crime scene. After the State responded in opposition, the post-conviction court dismissed the petition without a hearing and found that Petitioner had not met the statutory requirements of the Act. On appeal, Petitioner challenges the post-conviction court’s dismissal of his petition. We conclude that the post-conviction court did not err in dismissing the petition, and we affirm.

Carroll Court of Criminal Appeals

State of Tennessee v. Jaylon Hatch
W2023-01764-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge James Jones, Jr.

The Defendant, Jaylon Hatch, was convicted by a Shelby County Criminal Court jury of attempted premeditated first degree murder, a Class A felony; aggravated assault in concert with two or more persons, a Class B felony; reckless endangerment by discharging a firearm into a habitation, a Class C felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202 (first degree murder), 39-13-102 (Supp. 2019) (subsequently amended) (aggravated assault), 39-13-103 (Supp. 2019) (reckless endangerment), 39-17-1324 (Supp. 2019) (subsequently amended) (employing a firearm). The trial court imposed an effective twenty-one-year sentence. On appeal, the Defendant contends that the evidence is insufficient to establish that he was the perpetrator of the conviction offenses because they are based on the uncorroborated testimony of an accomplice. We affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Roderick Redmond
W2024-00359-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Paula Skahan

The Defendant, Roderick Redmond, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-13-522 (Supp. 2020) (subsequently amended) (rape of a child), 39-13- 504 (2018) (aggravated sexual battery). The trial court sentenced him to consecutive sentences of thirty years for rape of a child and ten years for aggravated sexual battery, for an effective forty-year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. William Paul Climer
W2024-00023-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Mark L. Hayes

The defendant, William Paul Climer, was indicted by the Dyer County Grand Jury for one count of aggravated kidnapping and two counts of aggravated assault. On September 8, 2023, the defendant pled guilty to one count of aggravated assault. Per the terms of his plea agreement, the defendant agreed to be sentenced as a Range II, multiple offender with the length and manner of service to be determined by the trial court. Additionally, the State agreed to dismiss the aggravated kidnapping charge and the second count of aggravated assault. After a sentencing hearing, the trial court sentenced the defendant to a term of six years’ incarceration and imposed a fine of $2500. On appeal, the defendant contends the trial court erred in denying alternative sentencing and in imposing a fine without making the appropriate findings. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm the trial court’s denial of alternative sentencing; however, the trial court failed to make the appropriate findings concerning the imposition of the $2500 fine, and therefore, we remand the matter to the trial court to determine if a fine is appropriate and make such findings as necessary.

Dyer Court of Criminal Appeals

State of Tennessee v. David Alexander Hayes
E2023-01800-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Hector Sanchez

The Defendant challenges the sufficiency of the evidence supporting his conviction
of resisting arrest. See Tenn. Code Ann. § 39-16-602(a) (“It is an offense for a person to
intentionally prevent or obstruct anyone known to the person to be a law enforcement
officer, or anyone acting in a law enforcement officer’s presence and at the officer’s
direction, from effecting a stop, frisk, halt, arrest or search of any person, including the
defendant, by using force against the law enforcement officer or another.”). The gravamen
of the Defendant’s challenge is not the sufficiency of the evidence offered to establish his
use of “force.” Instead, the Defendant asks us to focus on when the “force” occurred or
the Defendant’s pre- and post-arrest conduct. Because the State did not offer any evidence
of the Defendant’s use of force before his arrest, the Defendant argues, and I agree, that the
evidence supporting the resisting arrest conviction is insufficient as a matter of law.

Knox Court of Criminal Appeals

State of Tennessee v. David Alexander Hayes
E2023-01800-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Hector Sanchez

The Defendant, David Alexander Hayes, was convicted by a Knox County Criminal Court
jury of resisting arrest, a Class B misdemeanor. See T.C.A. § 39-16-602 (2018). The
Defendant was sentenced to ninety days’ probation. On appeal, he contends that the
evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Thor Lucas Coleman
M2023-00139-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph A. Woodruff

A Williamson County jury convicted the Defendant, Thor Lucas Coleman, of attempted first degree murder, aggravated assault by strangulation, aggravated assault by violating a restraining order, possessing a firearm during the commission of a dangerous felony, and unlawful possession of a weapon. The trial court sentenced him to a forty-five-year effective sentence. On appeal, the Defendant contends that: (1) the trial court improperly admitted evidence of his prior acts of domestic violence against the victim; and (2) the evidence is insufficient to sustain his conviction for attempted first degree murder. After review, we affirm the trial court’s judgments.

Williamson Court of Criminal Appeals

State of Tennessee v. Roger Trino Spencer, Jr.
W2023-01008-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Weber McCraw

Defendant, Roger Trino Spencer, Jr., was indicted by the McNairy County Grand Jury for one count of aggravated robbery accomplished with a deadly weapon and two counts of aggravated assault by displaying a deadly weapon. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range II offender to an effective eighteen years’ confinement. The trial court also imposed an effective $15,000 fine and ordered Defendant to pay $971 in restitution. In this appeal as of right, Defendant contends that the State failed to provide sufficient proof of his identity as the perpetrator of the offenses; the State’s improper comments during opening statement and closing argument entitle him to plain error relief; the trial court erred by failing to consider a validated risk and needs assessment in imposing his sentence; and the trial court erred by failing to consider his ability to pay in imposing fines and ordering restitution. Having reviewed the briefs and arguments of the parties and the record on appeal, we affirm the judgments of the trial court.

McNairy Court of Criminal Appeals

State of Tennessee v. Jared A. Smith
M2024-00062-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr
Trial Court Judge: Judge Suzanne M. Lockert-Marsh

Following a jury trial, a Cheatham County jury convicted Defendant, Jared A. Smith, of three counts of Rape of a Child, four counts of Aggravated Sexual Battery, and three counts of Incest, for which he received a total effective sentence of seventy-eight years’ incarceration. On appeal, Defendant contends that: (1) the trial court erred by limiting his cross-examination of a police witness; (2) the State’s election of offenses was “vague, ambiguous and unsupported by the evidence,” in violation of his right to a unanimous jury verdict; and (3) the trial court erred by declining to instruct the jury on generic evidence.  Following a thorough review of the record and applicable law, we affirm. 

Cheatham Court of Criminal Appeals

Rico Eugene Mallard v. State of Tennessee
M2024-00265-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steve R. Dozier

Petitioner, Rico Eugene Mallard, appeals the summary dismissal of his petition seeking post-conviction relief from his 1999 especially aggravated robbery conviction, for which he was sentenced to twenty-two years’ incarceration to be served consecutively to his life sentence for first degree murder. The post-conviction court found that State v. Booker, 656 S.W.3d 49 (Tenn. 2022), did not establish a new constitutional right applicable to Petitioner’s case, and therefore, the statute of limitations was not tolled, and the petition was time-barred. Discerning no error, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals