COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Perry L. McCrobey
E2014-01953-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Rebecca J. Stern

Defendant, Perry L. McCrobey, appeals from the trial court’s summary dismissal of his motion filed pursuant to Tennessee Rule of Criminal Procedure 36.1. The State concedes that the trial court erred by summarily dismissing Defendant’s motion. Following our review of the parties’ briefs, the record, and the applicable law, we reverse the trial court’s order dismissing the motion and remand for appointment of counsel if Defendant is indigent and for other proceedings pursuant to Tennessee Rule of Criminal Procedure 36.1.

Hamilton Court of Criminal Appeals

Cody Cofer v. State of Tennessee
E2014-01844-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge David A. Patterson

The Petitioner, Cody Cofer, appeals from the denial of post-conviction relief by the Circuit Court for Cumberland County. He was convicted of two counts of felony murder and one count of attempted especially aggravated robbery, for which he received consecutive life sentences and a concurrent twelve-year sentence. On appeal, the Petitioner argues that he received ineffective assistance of counsel at both the trial and appellate levels. Upon review, we affirm the judgment of the post-conviction court.

Cumberland Court of Criminal Appeals

State of Tennessee v. Micah Alexander Cates
E2014-01322-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Jon Kerry Blackwood

The Defendant-Appellant, Micah Cates, was convicted by a Carter County jury of vehicular homicide by intoxication. Prior to trial, the Defendant moved the trial court to suppress evidence obtained from a warrantless blood draw. The trial court denied the motion and the case proceeded to trial where the State introduced evidence of the Defendant's blood alcohol content. Following the Defendant's conviction, the trial court imposed the minimum sentence of eight years with a release eligibility of 30 percent. The trial court denied alternative sentencing and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant argues that (1) the trial court erred in denying his motion to suppress evidence obtained from his warrantless blood draw, and (2) the trial court abused its discretion in sentencing the Defendant. Upon our review, we conclude that no exception to the warrant requirement justified the warrantless blood draw in this case. Accordingly, we reverse the trial court's denial of the Defendant's motion to suppress evidence obtained from the blood draw and vacate his conviction.

Carter Court of Criminal Appeals

State of Tennessee v. Nicole Flowers
M2014-01744-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Robert L. Holloway, Jr.
The Defendant-Appellant, Nicole Flowers, was indicted by the Maury County Grand Jury for one count of stalking, a Class A misdemeanor. See T.C.A. § 39-17-315(b)(2) (Supp. 2012). Following a bench trial, Flowers was found guilty of the charged offense. The same day, the trial court imposed a sentence of eleven months and twenty-nine days to be served on supervised probation. On appeal, Flowers argues that the evidence is insufficient to support her conviction. Upon review, we affirm the judgment of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. John Frank Mullins
W2015-00916-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge R. Lee Moore, Jr.

Defendant, John Frank Mullins, pled guilty to theft of property valued over $1000 and was sentenced to eight years on Community Corrections. After a hearing, the trial court found that Defendant violated the terms of his Community Corrections sentence, revoked the Community Corrections sentence, and ordered Defendant to serve the remainder of his sentence in incarceration. On appeal, we affirm the decision of the trial court.

Dyer Court of Criminal Appeals

Kenneth A. Adams v. State of Tennessee
W2014-02160-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Kenneth A. Adams, appeals as of right from the Tipton County Circuit Court's summary dismissal of his petition for post-conviction relief. The Petitioner contends that the post-conviction court erred in summarily dismissing his petition on the grounds that it was untimely filed. Discerning no error, we affirm the judgment of the post-conviction court.

Tipton Court of Criminal Appeals

Laquint Deco Holder v. State of Tennessee
M2015-00107-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl Blackburn

The Petitioner, Laquint Deco Holder, pleaded guilty to sale of less than .5 grams of cocaine in a drug-free zone, and the trial court entered the agreed sentence of six years to be served at 100%. The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel and that his guilty plea was unknowingly and involuntarily entered. After a hearing, the trial court dismissed the petition. On appeal, the Petitioner maintains that his counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. After review, we conclude that the post-conviction court did not err when it dismissed the Petitioner’s petition for post-conviction relief. We therefore affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Marquette Houston v. State of Tennessee
W2014-02201-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Glenn Wright

The Petitioner, Marquette Houston, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his 2005 conviction for second degree murder and his twenty-five-year sentence. The Petitioner contends that the post-conviction court erred by denying him relief on his ineffective assistance of counsel claim. We affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Ryan Scott Haraway
M2014-02397-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Cheryl A. Blackburn

Pursuant to a plea agreement, the Defendant, Ryan Scott Haraway, pleaded guilty to four counts of aggravated burglary, one count of forgery, one count of theft of property, two counts of burglary of a motor vehicle, and three counts of assault. The total effective sentence was seven years with the trial court to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered the Defendant to serve his sentence in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it denied him an alternative sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Davidson Court of Criminal Appeals

State of Tennessee v. Steven Darrell Little
M2014-01927-CCA-R3-CD
Authoring Judge: Judget Robert T. Wedemeyer
Trial Court Judge: Judge Monte Watkins

A Davidson County judge convicted the Defendant, Steven Darrell Little, of one count of indecent exposure and sentenced him to six months of probation and ordered a $500 fine. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction. After review, we conclude that there is no error, and we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

State of Tennessee v. Dennis Allen Rayfield
M2013-02167-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jim T. Hamilton

The Defendant, Dennis Allen Rayfield, was convicted of first degree murder by a Wayne County Circuit Court jury. See T.C.A. § 39-13-202 (2014). He was sentenced to life in prison. On appeal, he contends that (1) the evidence is insufficient to support the conviction, (2) the trial court erred in allowing the State to call a witness for the sole purpose of impeaching him, (3) the trial court erred in failing to dismiss the alternate jurors at the close of the proof, and (4) the trial court erred in permitting the sequestered jurors to have their cell phones in their possession during the trial. We affirm the judgment of the trial court.

Wayne Court of Criminal Appeals

Raymond Lee Swett, Jr. v. State of Tennessee
M2014-02243-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Raymond Lee Swett, Jr., appeals the post-conviction court’s denial of his petition for relief, arguing he received the ineffective assistance of counsel. After review, we affirm the denial of the petition for post-conviction relief.

Davidson Court of Criminal Appeals

Taurys Hall v. State of Tennessee
W2014-00903-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John Campbell

The Petitioner, Taurys Hall, filed a petition for post-conviction relief in the Shelby County Criminal Court. The post-conviction court dismissed the petition as untimely, and the Petitioner challenges this ruling on appeal. Upon review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Alvin Stewart
W2014-01517-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John W. Campbell

The defendant, Alvin Stewart, was convicted by a Shelby County Criminal Court jury of aggravated rape, a Class A felony, aggravated assault, a Class C felony, and domestic assault, a Class A misdemeanor. The trial court merged the domestic assault conviction into the aggravated assault conviction and sentenced the defendant to twenty years at 100% for the aggravated rape conviction and to six years at 30% for the aggravated assault conviction, to be served concurrently. On appeal, he argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Craig O. Majors v. State of Tennessee
E2015-00400-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Stacy L. Street

Petitioner, Craig O. Majors, appeals after the Johnson County Criminal Court dismissed his pro se petition for habeas corpus relief without a hearing. After a review of the record and authorities, we affirm the dismissal of the petition because Petitioner failed to show that his convictions were void or that his sentence had expired.

Johnson Court of Criminal Appeals

State of Tennessee v. Maurice Montonio Dotson, Jr.
W2014-01461-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Appellant, Maurice Montonio Dotson, Jr., pled guilty in the Madison County Circuit Court to possession of marijuana with the intent to sell or deliver, possession of a firearm during a dangerous felony, possession of drug paraphernalia, and theft of property valued under five hundred dollars. The trial court imposed a total effective sentence of eleven years. On appeal, the Appellant challenges the sentence imposed for possession of a firearm during a dangerous felony conviction. Upon review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Joe Jackson
W2014-00901-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee V. Coffee

A Shelby County Criminal Court Jury convicted the appellant, Joe Jackson, of aggravated assault and reckless endangerment. The trial court imposed a total effective sentence of fourteen years. On appeal, the appellant contends that the evidence was insufficient to sustain his conviction of aggravated assault. Upon review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Christopher Hubbard v. State of Tennessee
W2014-01716-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge James C. Beasley, Jr.

The Petitioner, Christopher Hubbard, appeals the Shelby County Criminal Court‘s denial of his petition for post-conviction relief from his convictions of aggravated kidnapping and aggravated assault and resulting effective sentence of life without the possibility of parole as a repeat violent offender. On appeal, the Petitioner contends that he received the ineffective assistance of counsel because trial counsel failed to call a favorable witness to testify, that the trial court erred by ruling that the charges of especially aggravated kidnapping and aggravated assault did not violate double jeopardy principles, and that he received the ineffective assistance of counsel because trial and appellate counsel failed to raise the double jeopardy issue. Based upon the oral arguments, the record, and the parties‘ briefs, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. John Brandon Gold
M2014-02017-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Franklin Lee Russell

The Defendant, John Brandon Gold, pleaded guilty to violating the sex offender registry, a Class E felony.  The trial court sentenced the Defendant, a Range II persistent offender, to five years plus ninety days, to be served at 45%.  The trial court denied the Defendant an alternative sentence.  On appeal, the Defendant contends that his sentence is excessive.  After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

Bedford Court of Criminal Appeals

State of Tennessee v. Jeremy Sims and Sherry Brookshire-Concurring
W2013-01253-CCA-R3-CD
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

I respectfully concur in results only. I do so because the majority opinion, in the section discussing Defendant Sims’ severance issue, fails to address the admissibility of Defendant Sims’ unredacted statement pursuant to the “rule of completeness.” Tenn. R. Evid. 106. As noted in the majority opinion, the trial court considered the rule of completeness in its decision to admit the evidence. The majority opinion, in my view, implies that Defendant Sims’ unredacted statement was inadmissible under any circumstances in this particular case.

Shelby Court of Criminal Appeals

State of Tennessee v. Jeremy Sims and Sherry Brookshire
W2013-01253-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James C. Beasley, Jr.

The defendants, Jeremy Sims and Sherry Brookshire, appeal their Shelby County Criminal Court jury convictions of kidnapping and aggravated robbery. Defendant Sims claims that the trial court abused its discretion by denying his motion for severance, the trial court erred by admitting certain witness testimony, the evidence was insufficient to sustain his conviction of aggravated robbery, the trial court erred by giving certain instructions to and communicating ex parte with the jury, the trial court erred by denying his post-trial motion for a mistrial and severance of defendants on the basis of Defendant Brookshire's incompetence to stand trial, and the cumulative effect of these errors prevented him from receiving a fair trial. Defendant Brookshire also challenges the trial court's denial of the motion to sever, the admission of certain evidence, the sufficiency of the evidence pertaining to the conviction of aggravated robbery, the trial court's instructions to the jury, and the trial court's finding that she was competent to stand trial. Discerning no error, we affirm.

Shelby Court of Criminal Appeals

Malik Jones v. State of Tennessee
E2015-00106-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven Wayne Sword

Petitioner, Malik Jones, entered guilty pleas in three separate cases, resulting in a total effective sentence of thirty-one years. Petitioner then sought post-conviction relief on the basis of an involuntary guilty plea and ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. Because Petitioner has failed to provide clear and convincing evidence that he received ineffective assistance of counsel or that his plea was involuntary, we affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

Robert E. Boling v. State of Tennessee
E2014-02258-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Robert H. Montgomery, Jr.

Petitioner, Robert E. Boling, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in concluding that he failed to prove that he received ineffective assistance from his trial counsel. Based upon a thorough review of the record and the applicable law, the decision of the post-conviction court is affirmed.

Sullivan Court of Criminal Appeals

State of Tennessee v. Lacarvis Marquis Miller
M2014-01745-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Timothy L. Easter

A Williamson County jury convicted the Defendant, Lecarvis Marquis Miller, of reckless aggravated assault and simple assault.  The trial court merged the convictions and sentenced the Defendant to serve ten years as a Range III, persistent offender.  On appeal, the Defendant asserts that the trial court erred when it failed to give the jury a supplemental unanimity instruction.  After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Williamson Court of Criminal Appeals

Melissa Barnett v. State of Tennessee
E2014-02396-CCA-R3-ECN
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Andrew M. Freiberg

Petitioner, Melissa Barnett, appeals the dismissal of her second petition for a writ of error coram nobis, in which she alleged that her codefendant's recantation of his trial testimony constitutes newly-discovered evidence of her innocence. Upon our review of the record, we agree with the coram nobis court that Petitoner was previously granted a meaningful opportunity to present this claim, and we affirm its decision to dismiss the petition.

Polk Court of Criminal Appeals