COURT OF CRIMINAL APPEALS OPINIONS

Quaddariontae Burnom v. State of Tennessee
W2024-00636-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Mark L. Hayes

Petitioner, Quaddariontae Burnom, appeals the denial of his petition seeking post-conviction relief from his 2022 guilty-pleaded conviction for second degree murder, for which he is serving an agreed twenty-five-year sentence. On appeal, Petitioner contends that he received ineffective assistance of trial counsel because counsel failed to adequately explain to him the significance of our supreme court’s decision in State v. Booker, 656 S.W.3d 49 (Tenn. 2022), before he entered his plea. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Dyer Court of Criminal Appeals

State of Tennessee v. Thomas Mack Arnold
E2024-00900-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Gary McKenzie

Defendant, Thomas Mack Arnold, appeals as of right from his conviction for first degree
premeditated murder, for which he is serving a life sentence. On appeal, Defendant
contends that the evidence is insufficient to support his conviction and that the prosecutor
made improper statements during the State’s rebuttal argument such that a mistrial was
necessary. After a thorough review of the evidence and applicable case law, we affirm.

Cumberland Court of Criminal Appeals

State of Tennessee v. Jamie Paul Click
E2024-00196-CCA-WR-CO
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James L. Gass

In 2014, a Sevier County jury convicted the Defendant, Jamie Paul Click, of alternate
counts of selling or delivering one-half gram of heroin within 1,000 feet of a public
elementary school, Class A felonies, in addition to other offenses. The trial court merged
the two drug-free zone convictions and sentenced the Defendant to forty years as a Range
II, multiple offender with mandatory one-hundred percent service of the minimum sentence
in the range. In 2022, following amendments to the Drug-Free Zone Act, the Defendant
filed a motion for resentencing pursuant to Tennessee Code Annotated section
39-17-432(h), which the trial court denied following an evidentiary hearing. The
Defendant appeals, arguing that the trial court’s ruling was a plain and palpable abuse of
discretion. Upon our review of the oral arguments, applicable law, and the briefs of the
parties, we deny the Defendant’s request for a writ of certiorari and affirm the judgment of
the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Jamie Paul Click
E2024-00329-CCA-WR-CO
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven Wayne Sword

In 2015, a Knox County jury convicted the Defendant, Jamie Paul Click, of conspiracy to
possess with the intent to sell or deliver 150 grams or more of heroin in a drug-free zone,
a Class A felony. Following amendments to the Drug-Free Zone Act, the Defendant, in
2022, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h), seeking
resentencing of his Range II sentence of twenty-five years, which included a mandatory
minimum service requirement. The trial court found that it could not resentence the
Defendant to a lower release eligibility because such was not authorized by the statutory
language and denied the motion. We grant certiorari to vacate the trial court’s order and
remand for further proceedings consistent with this opinion.

Knox Court of Criminal Appeals

State of Tennessee v. Dylan Ray Thompson
W2024-01541-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge J. Weber McCraw

Defendant, Dylan Ray Thompson, was convicted by a Fayette County jury of first degree premeditated murder, aggravated assault, and unlawful possession of a handgun by a convicted felon. After a sentencing hearing, the trial court imposed an effective sentence of life plus eight years. Defendant appeals, arguing that the evidence was insufficient to support each of his convictions and that the trial court erred in aligning his sentences consecutively. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Fayette Court of Criminal Appeals

Phillip M. Mullins v. State of Tennessee
M2024-00440-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Gary McKenzie

Nearly twenty-three and a half years ago, Phillip Mullins, Petitioner, was convicted of felony murder, second degree murder, especially aggravated robbery, and especially aggravated burglary. He was sentenced to life without parole. State v. Mullins, No. M2002-02977-CCA-R3-CD, 2003 WL 23021402, at *1 (Tenn. Crim. App. Dec. 29, 2003), perm. app. denied (Tenn. June 1, 2004). The convictions were affirmed on direct appeal. Subsequent petitions for post-conviction relief and habeas corpus relief were unsuccessful. See Mullins v. Lindamood, No. M2017-00139-CCA-R3-HC, 2017 WL 3332269, at *1 (Tenn. Crim. App. Aug. 4, 2017), perm. app. denied (Tenn. Nov. 17, 2017); Mullins v. State, No. M2008-00332-CCA-R3-PC, 2008 WL 5272573, at *1 (Tenn. Crim. App. Dec. 19, 2008), perm. app. denied (Tenn. Apr. 27, 2009). Petitioner then filed a pro se petition for DNA post-conviction relief, a petition for writ of error coram nobis, and a petition for habeas corpus relief. Following several hearings, the post-conviction court denied relief. Petitioner appealed. On appeal, he argues that: (1) the post-conviction court erred by denying his request for DNA analysis of the evidence; (2) the post-conviction court improperly denied his request for expert funding; (3) the post-conviction court improperly determined his petition for error coram nobis relief was untimely; and (4) the post-conviction court improperly determined his habeas claims were without merit or previously litigated. After a thorough review, we affirm the judgment of the post-conviction court.

Putnam Court of Criminal Appeals

Stanley Jefferson v. State of Tennessee
W2024-01487-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chris Craft

Petitioner, Stanley Jefferson, 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 object to the taking of Petitioner’s DNA. Following our review of the entire record, the briefs of the parties, and applicable law, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Philip Cavitt
W2024-00673-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Lee V. Coffee

Defendant, Philip Cavitt, appeals as of right from his jury conviction for aggravated sexual battery, for which he was sentenced as a Range II offender to twenty years. On appeal, Defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm.

Shelby Court of Criminal Appeals

Leon Denton v. Chance Leeds, Warden
W2024-01595-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carlyn L. Addison

Petitioner, Leon Denton, was convicted of three counts of aggravated rape, one count of facilitation of aggravated rape, and one count of facilitation of especially aggravated robbery, for which he received an effective sentence of fifteen years’ confinement. He subsequently filed a petition for writ of habeas corpus in the Shelby County Criminal Court. The habeas corpus court summarily dismissed the petition. Petitioner now appeals that dismissal. After careful review of the record, we conclude that Petitioner’s notice of appeal is untimely. Moreover, Petitioner offers no reasons why the interest of justice would support a waiver of the filing deadline. Accordingly, we dismiss the appeal.

Shelby Court of Criminal Appeals

State of Tennessee v. Tommy Gayden
W2024-00865-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Chris Craft

Petitioner, Tommy Gayden, filed a single pro se pleading titled “Motion to Correct Illegal Sentence, Motion for Plain Error Review, and Petition for Extraordinary Writ on Ineffective Assistance of Counsel.” The trial court summarily denied the motion to correct illegal sentence portion of the pleading for failure to state a colorable claim under Rule 36.1. Treating the two remaining claims as a motion to reopen post-conviction proceedings, the trial court summarily denied the claims because they did not satisfy any of the criteria to reopen a post-conviction proceeding, they were previously waived, and they were raised outside the one-year post-conviction statute of limitations. Discerning no error, we affirm the trial court’s summary denial of all claims.

Shelby Court of Criminal Appeals

State of Tennessee v. Roy Garrens, Jr.
W2024-00258-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge J. Weber McCraw

A Fayette County jury convicted the Defendant, Roy Garrens, Jr., of especially aggravated kidnapping of a child under thirteen, aggravated assault by strangulation, and two counts of aggravated kidnapping by the possession or threat of the use of a deadly weapon. The trial court imposed an effective sentence of fifteen years’ imprisonment. On appeal, the Defendant argues that the evidence is legally insufficient to support one of his aggravated kidnapping convictions. He also asserts that the trial court erred by (1) failing to merge convictions representing alternative theories of especially aggravated kidnapping; and (2) sentencing the Defendant as a Range II, multiple offender. Upon our review, we agree with the parties that the Defendant’s kidnapping convictions in Counts 2 and 3 should be merged, and we respectfully remand these counts for entry of corrected judgments noting the merger. In all other respects, we affirm the judgments of the trial court.

Fayette Court of Criminal Appeals

State of Tennessee v. Joseph George Schenck
M2024-01125-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Barry R. Tidwell

The Petitioner, Joseph George Schenck, appeals the trial court’s summary denial and dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence is illegal because he did not sign the circuit court judgment forms and it was neither explained to him nor announced on the record that he was required to serve 75% of his sentence before he was eligible for work release, furlough, trusty status, or rehabilitative programs. Upon review, we affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Robert L. Hall, Jr.
E2024-01149-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant, Robert L. Hall, Jr., of one count of
possession of cocaine with the intent to manufacture, sell or deliver, two counts of
possession of a firearm during the commission of a dangerous felony, two counts of
unlawful possession of a weapon, and one count of criminal trespass. The trial court
ordered an effective thirty-two-year sentence in the Tennessee Department of Correction.
On appeal, the Defendant challenges the sufficiency of the evidence supporting his
convictions for felony possession of cocaine and possession of a firearm during the
commission of a dangerous felony. After review, we affirm the trial court’s judgments.

Knox Court of Criminal Appeals

State of Tennessee v. Jullion Fain Culps
W2024-01129-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jullion Fain Culps, appeals from the trial court’s denial of alternative sentencing on his effective nine-year sentence. The Defendant argues that the trial court abused its discretion by not allowing the Defendant to serve his sentence on probation, given his age, employment status, and his desire to care for his child. The State asserts that the trial court acted within its discretion by imposing a sentence of confinement. Following our review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

Darrnell Treshawn Wiggins v. State of Tennessee
M2024-01329-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Christopher V. Sockwell

The Petitioner, Darrnell Treshawn Wiggins, appeals from the denial of his petition for post-conviction relief challenging his 2019 convictions for second degree murder, first degree felony murder, and kidnapping. The Petitioner argues that he received the ineffective assistance of appellate counsel for failure to challenge on direct appeal the admission of body camera footage showing the victim’s dying declaration. The State asserts that (1) the Petitioner has waived his claim of ineffective assistance of appellate counsel by not properly presenting the issue before the post-conviction court, and (2) waiver notwithstanding, the Petitioner failed to establish appellate counsel’s deficient performance and prejudice. Based on our review, we affirm the judgment of the post-conviction court.

Maury Court of Criminal Appeals

State of Tennessee v. Shane Scott Caywood
E2024-00918-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Andrew Freiberg

The Defendant, Shane Scott Caywood, pleaded guilty to the sale or delivery of 0.5 grams
or more of methamphetamine, a Class B felony, felony possession of drug paraphernalia,
a Class E felony, and several misdemeanors. The trial court sentenced him as a Range III
Persistent Offender for the Class B felony and as a Range III Career Offender for the Class
E felony and ordered concurrent sentences for an effective total of twenty-five years. On
appeal, the Defendant contends that the trial court erred when it denied his request for
community corrections. After review, we affirm the trial court’s judgments.

Bradley Court of Criminal Appeals

State of Tennessee v. Billy Gene Sliger
E2024-00508-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge O. Duane Slone

The Defendant, Billy Gene Sliger, appeals his convictions for two counts of rape of a child
and one count of aggravated sexual battery. Specifically, he argues that (1) the evidence
was insufficient to support his aggravated sexual battery conviction; (2) the trial court erred
by interrupting jury deliberations to inform the jury of the court’s schedule; (3) the State
committed prosecutorial misconduct during voir dire, opening statement, and closing
arguments; (4) the trial court erred by not requiring the State to elect an offense for count
two charging rape of a child and instead giving a modified unanimity instruction; and (5)
the trial court abused its discretion by ordering consecutive sentences. After review, we
affirm the judgments of the trial court.

Jefferson Court of Criminal Appeals

State of Tennessee v. Kerrington J'Kobe Lake
W2024-01207-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Defendant, Kerrington J’Kobe Lake, entered guilty pleas to two felonies, felony evading arrest and attempted tampering with evidence; and three misdemeanors, speeding, reckless driving, and simple possession of marijuana, with the trial court to determine whether to grant judicial diversion or, alternatively, the length and manner of his sentence. Following a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion and imposed an effective sentence of three years, with the Defendant to serve 180 days in jail before serving the remainder of his sentence on supervised probation. On appeal, the Defendant argues the trial court (1) unreasonably denied judicial diversion, and (2) imposed an excessive sentence. After review, we affirm the trial court’s judgments.

Madison Court of Criminal Appeals

State of Tennessee v. Melvin Lee Harth
M2024-01319-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Khadija L. Babb

The Defendant, Melvin Lee Harth, appeals from his guilty-pleaded convictions for aggravated assault involving strangulation, a Class C felony; two counts of aggravated assault involving the violation of a prior court order, a Class C felony; false imprisonment, a Class A misdemeanor; and resisting arrest, a Class B misdemeanor. See T.C.A. §§ 39-13-102 (Supp. 2024) (aggravated assault); 39-13-302 (2018) (false imprisonment), 39-16-602 (2018) (resisting arrest). The trial court ordered the Defendant to serve an effective nine-year sentence in confinement. On appeal, the Defendant contends the court erred by denying alternative sentencing. We affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

Tracy D. Boyd, Jr. v. State of Tennessee
W2023-01669-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

Petitioner, Tracy D. Boyd, Jr., appeals the denial of his petition for post-conviction relief, which challenged his guilty-pleaded convictions of three counts of impersonating a licensed professional, two counts of theft of property, and one count of forgery. He claims that he was deprived of the effective assistance of counsel and that his guilty pleas were not knowingly and voluntarily entered. Upon review of the record, we affirm the denial of post-conviction relief.

Madison Court of Criminal Appeals

State of Tennessee v. Cristobal Jose Vasquez
E2024-00317-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant, Cristobal Jose Vasquez, of solicitation of a minor and aggravated sexual battery, and the trial court sentenced him to an effective term of nine years’ imprisonment. On appeal, the Defendant argues that the evidence is legally insufficient to support his conviction for aggravated sexual battery. He also asserts that the trial court erred by (1) allowing testimony concerning uncharged criminal conduct; and (2) excluding extrinsic evidence of a prior inconsistent statement by the victim or, alternatively, prohibiting him from recalling the victim to lay a foundation for that evidence. Upon our review, we respectfully disagree and affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Diamond Leah Wilson
M2023-01801-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge David L. Allen

The Defendant, Diamond Leah Wilson, was convicted by a Maury County Circuit Court jury of aggravated neglect of a child who was age eight or less, a Class A felony, for which the Defendant is serving a sixteen-year sentence at 100% service. See T.C.A. § 39-15-402 (Supp. 2024). On appeal, she contends that (1) the trial court erred in approving the verdict in its role as thirteenth juror, (2) the evidence is insufficient to support her conviction, and (3) the trial court erred in sentencing. We affirm the judgment of the trial court.

Maury Court of Criminal Appeals

Ashley Nicole Thomas v. State of Tennessee
W2024-00987-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge A. Blake Neill

Petitioner, Ashley Nicole Thomas, appeals the denial of her post-conviction petition, in which she challenged her multiple convictions related to the sexual abuse of a child and her effective forty-year sentence. On appeal, Petitioner maintains that her trial counsel was ineffective. Upon review, we affirm the judgment of the post-conviction court.

Tipton Court of Criminal Appeals

State of Tennessee v. Tyrone McCurdy
W2024-00512-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

A Madison County jury convicted Defendant, Tyrone McCurdy, of multiple counts of vandalism and theft, and the trial court imposed an effective sentence of twenty-two years to be served in confinement as a persistent offender. On appeal, Defendant contends that the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

Charles Hardy, Jr. v. State of Tennessee
E2024-00527-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steven Wayne Sword

Petitioner, Charles Hardy, Jr., appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective in advising him not to testify, and provided ineffective counsel pretrial and at trial. He also argues he is entitled to relief due to the cumulative effect of trial counsel’s individual errors. Following our review of the record, the briefs of the parties, and oral arguments, we affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals