COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Terrance Williams
W2023-01447-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the defendant, Terrance Williams, of conspiracy to commit first-degree murder, attempted first-degree murder, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of fifty-six years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Kevin Davidson
E2024-00391-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Kevin Davidson, appeals the trial court’s order revoking his probationary
sentence for ten drug-related convictions in two separate cases. Following our review of
the entire record and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Marquis Rashum McReynolds
E2023-01728-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jeffery H. Wicks

The Defendant, Marquis Rashum McReynolds, was convicted by a Roane County Criminal
Court jury of aggravated assault with a deadly weapon, a Class C felony; aggravated
robbery, a Class B felony; especially aggravated robbery, a Class A felony; reckless
endangerment with a deadly weapon, a Class E felony; and employing a firearm during the
commission of a dangerous felony, a Class D felony. See T.C.A. §§ 39-13-
102(a)(1)(A)(iii) (Supp. 2020) (subsequently amended) (aggravated assault); 39-13-402
(2018) (aggravated robbery); 39-13-403 (2018) (especially aggravated robbery); 39-13-
103 (2018) (subsequently amended) (reckless endangerment); 39-17-1324(b) (2018)
(subsequently amended) (employing a firearm during the commission of a dangerous
felony). The trial court dismissed the firearm charge and imposed an effective sentence of
twenty-five years. On appeal, the Defendant contends that the trial court erred in (1)
denying his request to admit the video recording of the victims’ interviews with police; (2)
denying his request to sever his trial from his codefendant’s trial; and (3) failing to grant a
new trial based upon newly discovered evidence presented at the sentencing hearing. We
affirm the judgments of the trial court.

Gary Lee Bragg, Jr. v. State of Tennessee
E2023-01247-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

Petitioner, Gary Lee Bragg, Jr., claims that trial counsel provided ineffective assistance by
failing to request that the jury be instructed on the lesser-included offenses of aggravated
burglary. The post-conviction court found that trial counsel “was deficient for not
requesting applicable lesser-included jury instructions” but found that “Petitioner was not
prejudiced as a result” and denied relief. We determine that trial counsel’s decision not to
request an instruction on lesser-included offenses was an “informed choice based upon
adequate preparation,” Moore v. State, 485 S.W.3d 411, 420 (Tenn. 2016), and that
Petitioner failed to overcome the presumption that counsel provided adequate assistance
and used reasonable professional judgment to make the strategic decision to employ an
“all-or-nothing” defense strategy. We agree with the post-conviction court’s ruling that
Petitioner failed to prove the prejudice prong of Strickland v. Washington, 466 U.S. 668,
687 (1984). Discerning no reversible error, we affirm the judgment of the trial court.

State of Tennessee v. Amy Upton
E2024-00416-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Amy Upton, pleaded guilty to four counts of drug-related offenses after
the trial court denied her motion to dismiss the charges or, alternatively, to suppress
evidence seized on the day of her arrest. The motion pertained to the circumstances of her
arrest, which occurred in Claiborne County but was effectuated by Union County deputies.
As part of her plea agreement, she sought to reserve a certified question of law challenging
the trial court’s decision to deny the motion. Following our review, we conclude that the
certified question does not clearly identify the scope and limits of the legal issue reserved
as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are
without jurisdiction to consider the question. The appeal is dismissed.

Rodzell Lamont Mason v. State of Tennessee
M2024-00287-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Rodzell Lamont Mason, appeals the summary dismissal as time-barred of his petition for post-conviction relief from his guilty-pleaded conviction of second degree murder, arguing that the post-conviction court erred in finding that State v. Booker, 656 S.W.3d 49 (2022), did not establish a new constitutional right applicable to his case that would allow his claim, filed more than thirteen years after his judgment became final, to be considered. Based on our review, we affirm the summary dismissal of the petition.

State of Tennessee v. Phillip Jerome Gardner, III & Latonia Maria Gardner
M2022-01131-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Walter C. Kurtz

In a joint trial, a Davidson County jury convicted Phillip Jerome Gardner, III, and Latonia Maria Gardner of felony murder committed in the perpetration of aggravated child neglect and three counts of aggravated child neglect. Additionally, Latonia Gardner was convicted of felony murder committed in the perpetration of aggravated child abuse and one count of aggravated child abuse. Each was sentenced to life plus seventeen years. On appeal, the Defendants raise separate issues. Ms. Gardner argues that the evidence is insufficient to support her convictions. She also alleges that the trial court erred when it failed to sever offenses; improperly admitted expert testimony and video evidence; gave a misleading supplemental jury instruction; and imposed consecutive sentencing. Mr. Gardner similarly challenges the sufficiency of the evidence supporting his convictions. He also argues that the trial court erred when it took under advisement his motion for a judgment of acquittal; failed to sever the Defendants; failed to exclude evidence of the victim’s prior injuries; failed to instruct the jury on his alibi defense; and gave the same misleading supplemental jury instruction. Upon review, the court affirms Ms. Gardner’s conviction and life sentence for felony murder in perpetration of aggravated child abuse. However, the court agrees with the parties that the jury was improperly instructed on one aggravated child neglect count, and we remand that count and its associated felony murder count for a new trial as to both Defendants. With the parties’ agreement, we also reverse the order for consecutive sentences in Ms. Gardner’s cases and remand for the trial court to consider the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Finally, we remand both cases for entry of corrected judgments of conviction. In all other respects, we respectfully affirm the judgments of the trial court.

Aaron Ostine v. State of Tennessee
M2023-01757-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry J. Wallace

A Cheatham County jury convicted the Petitioner, Aaron Ostine, of first degree premeditated murder, first degree felony murder, and aggravated robbery. The trial court imposed an effective life sentence, and this court affirmed the judgments on appeal. State v. Ostine, No. M2013-00467-CCA-R3-CD, 2014 WL 2442988 at *1 (Tenn. Crim. App. May 28, 2014), perm. app. granted (Tenn. Oct. 15, 2014). The Petitioner filed a Rule 11 application, pursuant to the Tennessee Rules of Appellate Procedure, to the Tennessee Supreme Court. Our supreme court granted the application and remanded the case for our reconsideration in light of its holding in State v. Jackson, 444 S.W.3d 554 (Tenn. 2014). After considering the facts and circumstances of the case as compared to those in Jackson, this court again affirmed the trial court’s judgment. State v. Ostine, No. M2013-00467- CCA-R3-CD, 2015 WL 7009058, at *1 (Tenn. Crim. App. Nov. 12, 2015), perm. app. denied (Tenn. Mar. 23, 2016). The Petitioner timely filed for post-conviction relief based upon claims of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel and asserts that the cumulative effect of his trial counsel’s errors entitle him to relief. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief.

State of Tennessee v. Dustin William Russell
M2023-00891-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Deanna B. Johnson

Defendant, Dustin William Russell, was convicted by a jury of second degree murder, reckless endangerment by discharging a firearm into an occupied habitation, and three counts of reckless endangerment with a deadly weapon.  Defendant was sentenced to a total effective sentence of thirty years.  On appeal, Defendant claims the trial court gave an improper instruction for second degree murder, the evidence was insufficient to support his second degree murder conviction, and the trial court abused its discretion in its application of an enhancement factor and in its failure to make findings to support partial consecutive sentencing on the dangerous offender factor.  Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court. 

Jonathan W. Stephenson v. Zachary Pounds, Warden
M2024-00417-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Cyntha Chappell

Petitioner, Jonathan W. Stephenson, appeals from the Davidson County Criminal Court’s order summarily dismissing his fifth petition for writ of habeas corpus. On appeal, Petitioner challenges his convictions for first degree murder and conspiracy to commit first degree murder, and the legality of his death plus sixty-years effective sentence. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Latarius Curry
W2023-01789-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

The Shelby County Grand Jury indicted Latarius Curry, Defendant, on one count each of aggravated child abuse and aggravated child neglect. A jury convicted Defendant as charged, and the trial court imposed an effective 22-year sentence. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Having reviewed the entire record and the parties’ briefs, we affirm the judgments of the trial court.

State of Tennessee v. Danny Royce Murphy
W2023-01332-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Kyle C. Atkins

Danny Royce Murphy, Defendant, was convicted of driving with a canceled, suspended, or revoked license and driving without evidence of financial responsibility after representing himself at trial. The trial court ordered a six-month sentence, with 30 days to serve and the remainder on Community Corrections. Defendant filed several post-trial motions, including a motion for new trial. The trial court denied the motions and this appeal ensued. On appeal, Defendant challenges the sufficiency of the evidence. After a review, we affirm the judgments of the trial court.

Kirsten Williams v. State of Tennessee
W2024-00578-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Donald H. Allen

Kirsten Williams, Petitioner, was convicted of aggravated assault, aggravated kidnapping, and aggravated burglary in a joint trial with a co-defendant. State v. Williams, No. W2021- 01071-CCA-R3-CD, 2022 WL 17728221, at *1 (Tenn. Crim. App. Dec. 16, 2022), no perm. app. filed. Petitioner was sentenced to 15 years in incarceration at 100 percent service rate. Petitioner’s convictions were affirmed on direct appeal. Id. Petitioner sought post-conviction relief based on ineffective assistance of counsel. After a hearing, the postconviction court denied relief. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Robert Andrew Dunnivant
E2023-01652-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Robert Andrew Dunnivant, pled guilty to aggravated assault, reckless aggravated assault, and two counts of domestic assault. As part of the plea, the parties agreed that the Defendant would be sentenced to an effective term of ten years but that the trial court would determine the manner of service. Following a sentencing hearing, the trial court denied an alternative sentence and imposed a sentence of full confinement. On appeal, the Defendant argues that the trial court should have granted an alternative sentence. Upon our review, we respectfully affirm the judgments of the trial court.

State of Tennessee v. Forrest Ray Hester
M2023-01312-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County jury convicted the Defendant, Forrest Ray Hester, of delivery of .5 grams or more of methamphetamine based upon a theory of criminal responsibility, possession of .5 grams or more of methamphetamine with the intent to sell, and possession of .5 grams or more of methamphetamine with the intent to deliver. Following a sentencing hearing, the trial court merged the possession convictions and imposed an effective sentence of sixteen years to be served in confinement. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions and that his co-defendant’s guilty plea to sale/delivery of methamphetamine based on a theory of criminal responsibility precludes the Defendant’s conviction for the same offense based on a theory of criminal responsibility. We affirm the judgments of the trial court.

Queshan Brooks v. State of Tennessee
M2024-00198-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Queshan Brooks, appeals the trial court’s summary dismissal of his petition for post-conviction relief. Upon our review of the record and the applicable law, we affirm the judgment of the post-conviction court.

State of Tennessee v. Thomas Dequan Solomon
E2024-00457-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Thomas Dequan Solomon, appeals from the judgment of the trial court
revoking his probation and ordering him to serve the balance of his sentence in
confinement. Specifically, the Defendant contends that the trial court erred by basing its
decision merely on proof of alleged criminal conduct prior to the filing of formal charges
and without considering his history of supervision while on probation. After review, we
affirm the judgment of the trial court.

State of Tennessee v. Nathaniel Scott Robinson
E2024-00176-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Nathaniel Scott Robinson, pled guilty to the offense of statutory rape, and the trial court sentenced him to a term of six years. The court suspended the sentence and placed the Defendant on probation. Thereafter, the Defendant was charged with possession of cocaine for resale. After a hearing, the trial court revoked the suspended sentence and ordered the Defendant to serve the six-year sentence in custody. On appeal, the Defendant argues that the trial court should have considered alternatives to fully revoking his suspended sentence. Upon our review, we respectfully affirm the judgment of the trial court.

Howard Jefferson Atkins v. Brian Eller, Warden
E2024-00665-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Lisa N. Rice

Tipton County jury convicted the Petitioner, Howard Jefferson Atkins, of first degree premeditated murder in 2000, and the trial court imposed a life sentence. The Petitioner later applied for a writ of habeas corpus, arguing that the trial court lacked jurisdiction to hear his case because the juvenile court did not make the necessary statutory findings to transfer his case to the circuit court. The habeas corpus court summarily denied the application, finding that the Petitioner failed to state a colorable claim for relief. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

Aaron Malone v. State of Tennessee
W2023-017301-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Johnson Mitchell

Aaron Malone, Petitioner, was convicted of first degree felony murder for his role in a murder that took place during an attempted robbery and sentenced to life in prison. State v. Malone, No. W2009-02047-CCA-R3-CD, 2011 WL 1005487, at *1 (Tenn. Crim. App. Mar. 22, 2011), perm. app. denied (Tenn. July 13, 2011). His conviction and sentence were affirmed on direct appeal. Petitioner unsuccessfully sought post-conviction relief. Malone v. State, No. W2016-00666-CCA-R3-PC, 2017 WL 1404374, at *15 (Tenn. Crim. App. Apr. 18, 2017), perm. app. denied (Tenn. Aug. 21, 2017). Petitioner then filed a “Petition to Reopen for Requesting DNA Post-conviction.” The post-conviction court summarily dismissed the petition, and Petitioner timely appealed, arguing that: (1) the postconviction court erred by failing to address and make findings of fact regarding all four requirements of Tennessee Code Annotated section 40-30-304 in its order denying the petition; (2) the post-conviction court erred in finding the evidence was previously subjected to DNA analysis; (3) the post-conviction court erred in finding there was not a reasonable probability that Petitioner would not have been prosecuted or convicted if exculpatory results were obtained from DNA analysis; (4) the post-conviction court erred in dismissing the petition without a hearing; and (5) the post-conviction court erred by failing to appoint new counsel after counsel informed the court he was leaving the jurisdiction. After a review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Joshua James Smith
E2023-01416-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge John F. Dugger, Jr.

A Hamblen County jury convicted the Defendant, Joshua James Smith, of second degree murder. The trial court sentenced the Defendant to serve twenty-three years in the Tennessee Department of Correction. On appeal, the Defendant challenges his conviction and sentence, but the State argues that this appeal should be dismissed because his 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.

State of Tennessee v. Joshua James Smith
E2023-01416-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge John F. Dugger, Jr.

I ultimately concur in the majority’s judgment dismissing this appeal. I write
separately simply to address the majority’s Part B consideration of why waiver of the
timeliness requirement is not in the interest of justice. Candidly, Defendant did not ask for
such consideration, let alone attempt to bear the burden of demonstrating that the interest
of justice merits waiving the timely filing requirement.

State of Tennessee v. Andrew Martin Robbs
E2023-01187-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Andrew Martin Robbs, pleaded guilty to driving under the influence per
se, third offense, a Class A misdemeanor. See T.C.A. § 55-10-401 (2020). The trial
court sentenced the Defendant to eleven months, twenty-nine days suspended to
probation after 120 days in confinement. On appeal, the Defendant presents a certified
question of law challenging the sufficiency of the affidavit of complaint in support of the
arrest warrant. Because the certified question fails to identify the scope and limits of the
legal issue reserved, we conclude that we are without jurisdiction to consider this appeal.
The appeal is dismissed.

State of Tennessee v. Christopher L. Dowlen
M2024-00534-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Robert Bateman

The Defendant, Christopher L. Dowlen, appeals the Robertson County Circuit Court’s order revoking his probation and requiring him to serve his original four-year sentence for his conviction for failure to register as a sex offender in confinement. The Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement (1) by finding sufficient evidence that the Defendant possessed a firearm in violation of his probation, and (2) by failing to consider whether full revocation of his sentence would serve the “ends of justice” and “best interest” of the Defendant. After review, we affirm the judgment of the trial court.

State of Tennessee v. Billy D. Woodard Jr.
M2024-00554-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Brody N. Kane

The Defendant, Billy D. Woodard, Jr., appeals the Wilson County Criminal Court’s order revoking his probation and requiring him to serve the original five-year sentence for his theft conviction in confinement. The Defendant contends the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement (1) by relying on grounds not included in the probation violation warrant; and (2) by failing to consider any other punishment or alternative to incarceration. After review, we affirm the judgment of the trial court.