COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Joseph Kade Abbott
E2024-01733-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Tammy Harrington

Defendant, Joseph Kade Abbott, pled guilty in two consolidated cases to three counts of sexual battery by an authority figure in exchange for concurrent six-year sentences, with the trial court to determine the manner of service. The trial court sentenced Defendant to six years’ incarceration to be served at 100%. Defendant appeals, arguing that the trial court erred by ordering him to serve his sentence in confinement. Upon our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Sedrick Darnell Cummings
M2024-01356-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge William A. Lockhart

The Defendant, Sedrick Darnell Cummings, pled guilty to weapons-related offenses after the trial court denied his motion to suppress evidence seized following the execution of a search warrant at his residence. As a part of the Defendant’s plea agreement, he sought to reserve a certified question of law challenging the trial court’s decision that the affidavit underlying the search warrant established probable cause to search based upon an anonymous tip and the smell of marijuana. Following our review, we conclude that the certified question clearly identifies the scope and limits of the legal issue reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A) and that, based upon the totality of the circumstances, the search warrant failed to establish probable cause. Accordingly, the judgments of the trial court are reversed, and the case is dismissed.

State of Tennessee v. Cleotha Abston a/k/a Cleotha Henderson
W2024-00928-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Cleotha Abston, appeals his Shelby County Criminal Court convictions of aggravated rape, aggravated kidnapping, and unlawful possession of a firearm by a convicted felon, for which he received an effective sentence of eighty years’ incarceration. On appeal, the Defendant argues (1) the trial court erred by denying his motion to exclude reference to a firearm recovered from his vehicle following his arrest, (2) the trial court erred by denying his request to instruct the jury regarding lost or destroyed evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), (3) the trial court erred by denying his motion to bifurcate his charge of unlawful possession of a firearm by a convicted felon, and (4) the evidence was insufficient to sustain his convictions. Discerning no error, we affirm.

STATE OF TENNESSEE v. MIKEL CECIL
M2025-01603-CCA-T10B-CO
Dispositive Order
Authoring Judge: Judge Robert L. Holloway, Jr.; Judge Timothy L. Easter; Judge Jill Bartee Ayers

This matter is before the Court upon petition of the Defendant, Mikel Cecil, for an
accelerated interlocutory appeal pursuant to Supreme Court Rule 10B, Section 2. The
Defendant asks this Court to review the trial judge’s order denying his motion to recuse.

State of Tennessee v. James Robert Howell
E2024-00961-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the defendant, James Robert Howell, of four counts of
sexual battery by an authority figure and one count of assault by offensive or provocative
touching, for which he received an effective sentence of four years and six months in
confinement. On appeal, the defendant contends the evidence presented at trial was
insufficient to support his convictions. The defendant also contends that the trial court
erred in admitting hearsay evidence, in admitting evidence of prior abuse, and in imposing
an excessive sentence. Additionally, the defendant claims improper argument by the State
affected the verdict. After reviewing the record and considering the applicable law, we
affirm the judgments of the trial court.

State of Tennessee v. Jordan Worthington
M2025-01269-CCA-R8-CO
Dispositive Order
Authoring Judge: Judge Robert L. Holloway, Jr.; Judge Timothy L. Easter; Judge Jill Bartee Ayers

This matter is before the Court upon motion of the Defendant, Jordan Worthington, for review of the trial court’s order denying his motion to modify the conditions of his pretrial release. See Tenn. R. App. P. 8; Tenn. Code. Ann. § 40-11-144. The State opposes.

State of Tennessee v. Mark Ketron
E2024-00487-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge William K. Rogers

Following the denial of a motion to suppress, the defendant, Mark Ketron, pled guilty to
driving under the influence (“DUI”), DUI per se, and violation of the light law, for which
he was sentenced to an effective term of eleven months and twenty-nine days suspended
to probation after service of forty-eight hours in jail. On appeal, the defendant asserts that,
as part of his plea, he reserved the right to appeal the denial of his motion to suppress.
Following a thorough review of the record, the briefs, and the oral arguments of the parties,
we conclude the defendant failed to properly certify a question of law pursuant to Rule
37(b)(2) of the Tennessee Rules of Criminal Procedure. Accordingly, this Court is without
jurisdiction, and the appeal is dismissed.

State of Tennessee v. Trace Lee Mason
E2024-00843-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Sandra Donaghy

The State appeals the trial court’s order granting the defendant’s motion to dismiss the fivecount
indictment against him on denial of speedy trial grounds. Following a thorough
review of the record, the briefs, and oral arguments of the parties, we reverse the trial
court’s grant of the defendant’s motion to dismiss, reinstate the indictments against the
defendant, and remand to the trial court for further proceedings.

State of Tennessee v. Omerrieal Woods
E2024-00999-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Boyd M. Patterson

The defendant, Omerrieal Dywane Woods, was convicted by a Hamilton County Criminal
Court jury of one count of facilitation of reckless homicide, two counts of facilitation of
attempted aggravated assault, and one count of possession of a firearm with the intent to
go armed. The defendant was sentenced to an effective six years in the Department of
Correction. On appeal, the defendant argues that the evidence is insufficient to sustain his
conviction. After reviewing the record and considering the applicable law, we affirm the
judgments of the trial court.

Brittney Faith Swafford v. State of Tennessee
E2024-01666-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge James L. Gass

Petitioner, Brittany Faith Swafford, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in concluding that she received the effective assistance of trial counsel. Petitioner argues trial counsel’s failure to retain an expert witness favorable to the defense and to adequately investigate Petitioner’s then undiagnosed mental health condition constituted the ineffective assistance of counsel. She further argues, in the context of her ineffective assistance claim, that trial counsel’s failure to investigate her undiagnosed mental health condition prevented her from entering a knowing and voluntary plea. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Joshua McKinley Hammonds
E2024-01839-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Stacy L. Street

A Washington County jury convicted the defendant, Joshua M. Hammonds, of first-degree
murder in perpetration of a felony, theft of property valued at $10,000 or more but less than
$60,000, and evading arrest with risk of death. After a sentencing hearing, the defendant
received a sentence of life in confinement. On appeal, the defendant contends the evidence
presented at trial was insufficient to support his conviction for first-degree murder in
perpetration of a felony. Upon our review of the record, the parties’ briefs, and the
applicable law, we affirm the defendant’s conviction.

State of Tennessee v. Baleke Kromah
M2024-01793-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Barry R. Tidwell

A Rutherford County jury convicted the Petitioner, Baleke Kromah, of sexual battery by an authority figure. On direct appeal, this court affirmed the Petitioner’s conviction. See State v. Kromah, No. M2011-01813-CCA-R3-CD, 2013 WL 781600, at *1 (Tenn. Crim. App. March 1, 2013), perm. app. denied (Tenn. July 17, 2013). In 2024, the Petitioner filed a petition for a writ of error coram nobis, which the coram nobis court dismissed as untimely. The Petitioner appealed, and after a thorough review of the record and the applicable law, we dismiss this appeal because the Petitioner failed to file a timely notice of appeal.

Craig Everette Shears v. State of Tennessee
E2025-01600-CCA-MR3-PC
Dispositive Order
Authoring Judge: Judge Robert H. Montgomery, Jr., Judge Tom Greenholtz, Judge Kyle A. Hixson
Trial Court Judge:

State of Tennessee v. Aaron Joseph Couvertier
W2024-01526-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Joseph T. Howell

The Defendant, Aaron Joseph Couvertier, entered an open plea to one count of aggravated statutory rape, a Class D felony. Following a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion and imposed a two-year sentence to be served in the Tennessee Department of Correction at 100 percent service. The Defendant appeals, arguing that the trial court abused its discretion in denying judicial diversion. After review, we affirm the decision of the trial court.

Bragg Morris v. Tennova Healthcare et al.
M2024-01741-COA-R3-CV
Authoring Judge: Presiding Judge J. Steven Stafford
Trial Court Judge: Judge Matthew Joel Wallace

Appellant appeals the trial court’s dismissal of his health care liability action. Because Appellant has not complied with appellate briefing requirements, we dismiss this appeal.

State of Tennessee v. Jacob Columbus Deal
E2024-01810-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Alex E. Pearson

In May 2023, the Greene County Grand Jury issued a presentment against Defendant, Jacob Columbus Deal, charging him with three counts of statutory rape by an authority figure and three counts of aggravated statutory rape. Pursuant to a plea agreement, Defendant pled guilty to one count of aggravated statutory rape to be sentenced out of range at ten years as a Range I offender at thirty percent with the trial court to determine the manner of service. Following a sentencing hearing, the trial court denied alternative sentencing and ordered Defendant to serve his entire ten-year sentence in confinement. On appeal, Defendant argues that the trial court erred by denying him alternative sentencing. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Phillip Warren Trotter
E2025-01200-CCA-R3-CD
Dispositive Order
Authoring Judge: Judge Greenholtz, Hixson and Sword
Trial Court Judge: Judge Harrington

A Blount County jury convicted the Defendant, Phillip Warren Trotter, of statutory rape by an authority figure, incest, attempted statutory rape by an authority figure, and attempted incest. The trial court imposed an effective sentence of twelve years’ incarceration. On August 8, 2025, the Defendant filed a notice of appeal from the trial court’s judgments. Thereafter, the Defendant filed a motion pursuant to Tennessee Rule of Appellate Procedure 8 seeking review of the trial court’s order denying bail pending appeal. See Tenn. Code Ann. § 40-11-144. The State has filed a response in opposition to the motion. Upon full consideration of the motion, the response, and the applicable legal authority, the Defendant’s motion is DENIED.

STATE OF TENNESSEE v. DANIEL JOSEPH WILLIAMS
E2025-01399-CCA-R9-CD
Dispositive Order
Authoring Judge: Judge Steven W. Sword, Judge Tom Greenholtz, Judge Kyle A. Hixson
Trial Court Judge: Chancellor James L. Gass

The Defendant has filed an application for interlocutory appeal, see Tennessee Rules of Appellate Procedure 9, seeking review of the trial court’s order denying his motion to suppress evidence seized from a search of his vehicle. The Defendant argues that interlocutory review of the trial court’s order is required to prevent irreparable harm and to prevent needless and protracted litigation. Tenn. R. App. P. 9(a)(1) and (2). The State has filed an answer in opposition to the Defendant’s application. Following our review, the Defendant’s application for interlocutory appeal is DENIED.

Rodney Miller v. State of Tennessee
W2024-01221-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Carlyn L. Addison

The Petitioner, Rodney Miller, appeals from the order of the Shelby County Criminal Court denying his petition seeking post-conviction relief from his convictions of rape of a child, aggravated statutory rape, and aggravated sexual battery. On appeal, the Petitioner initially argues that the order of the post-conviction court is insufficient for appellate review. He further claims that each of his trial counsel provided ineffective assistance in failing to object to the State’s improper voir dire, in failing to effectively cross-examine the victim at trial, and in failing to adequately advise the Petitioner of his right to testify. Finally, the Petitioner asserts that the cumulative effect of trial counsels’ deficiencies deprived him of his right to a fair trial. After review, we affirm the judgment of the post-conviction court.

Demarcus Keyon Cole v. Julian Wiser, Sheriff
W2025-01502-CCA-WR-CO
Dispositive Order
Authoring Judge: Judge J. Ross Dyer, Judge John W. Campbell, Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Accordingly, it is hereby ORDERED that the Appellant’s Petition for Writ of Certiorari is DENIED. 

State of Tennessee v. Constance Monieka Every
E2024-01606-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: D. Kelly Thomas, Jr., Senior Judge

The Defendant was convicted in the Knox County Criminal Court of disrupting a lawful
meeting, a Class A misdemeanor, and received an eleven-month, twenty-nine-day sentence
to be served on supervised probation. On appeal, the Defendant claims that the evidence
is insufficient to support her conviction and that the statute prohibiting disruption of a
lawful meeting is unconstitutionally vague as applied to her. Based on our review, we
affirm the judgment of the trial court.

State of Tennessee v. Nicholas S. Collins
E2024-00836-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Nicholas S. Collins, was convicted by a Sullivan County jury of the following offenses: domestic assault, a Class A misdemeanor (count 2); assault, a Class A misdemeanor (count 3); and aggravated domestic assault, a Class C felony (count 5). He received an effective sentence of seven and one-half years’ incarceration. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Zachary Thomas Hays
E2025-01324-CCA-R9-CD
Dispositive Order
Authoring Judge: Judge Steven W. Sword, Judge Robert H. Montgomery, Jr., Judge Kyle A. Hixson
Trial Court Judge: Judge Scott G. Green

The Defendant has filed an application for interlocutory appeal, see Tennessee Rules of Appellate Procedure 9, seeking review of the trial court’s February 14, 2025 order denying his motion to dismiss a presentment charging him with aggravated stalking. See
Tenn. Code Ann. § 39-17-315 (2023). The Defendant asserts that interlocutory review of the trial court’s order is required to prevent irreparable injury to the Defendant; to prevent needless, expensive, and protracted litigation; and to develop a uniform body of law. Tenn. R. App. P. 9(a)(1), (2), and (3). The State has filed an answer in opposition to the Defendant’s application. Following our review, the Defendant’s application for interlocutory appeal is DENIED.

State of Tennessee v. Marvin M. Green
E2025-01516-CCA-R10-CD
Dispositive Order
Authoring Judge: Judge Steven W. Sword, Judge Robert H. Montgomery, Jr., Judge Kyle A. Hixson
Trial Court Judge: Judge Stacy L. Street

Before the court is the pro se Defendant’s “Application for Extraordinary Relief.” See Tenn. R. App. P. 10. The Defendant raises two issues for this court’s review:
1. Whether Unicoi County Court(s) are moving [in] clear absen[ce] of jurisdiction?
2. Whether Unicoi County Court err[ed] in denying Petitioner access to Court by vehicle of habeas corpus?
The Defendant alleges that he was arrested illegally, that the trial court denied him counsel in violation of his constitutional rights, and that the trial court refused to hear a petition for a writ of habeas corpus. He seeks dismissal of his charges.
The pleading contains no documentation in support of the Defendant’s allegations.1 As such, the pleading is wholly insufficient for this court to engage in any review of the trial court’s actions. See Tenn. R. App. P. 10(c).

State of Tennessee v. Marcus Anthony Pearson
M2025-00031-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Khadija L. Babb

The Defendant, Marcus Anthony Pearson, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Defendant argues that the trial court did not sufficiently set forth findings of fact and conclusions of law with regard to each argument raised in his Rule 36.1 motion. Additionally, the Defendant contends that his consecutive sentences are illegal because he was not resentenced in accordance with this court’s prior order, and as such, adequate Wilkerson findings were never made to support the imposition of consecutive sentences. Lastly, he claims the amended judgment forms were not entered in a timely fashion. After review, we affirm the judgment of the trial court.