The Defendant, Douglas McArthur McGill,1 was convicted by a jury of violating the
Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and
Tracking Act of 2004 by failing to register a secondary address. He was sentenced as a
Range II, multiple offender to a term of two years and six months. On appeal, the
Defendant seeks a new trial, arguing that the trial court improperly admitted hearsay
evidence. The State concedes that reversible error exists in the record, and we agree. We
respectfully reverse the judgment of the trial court, vacate the Defendant’s conviction, and
remand the case for a new trial.
The Petitioner, Darcell Dominique Wright, appeals from the Montgomery County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that the post-conviction court erred when it held that the Petitioner’s claim of limited ability to access the penitentiary law library due to lockdowns did not entitle him to due process tolling of the one-year statute of limitations for filing his petition. We affirm the judgment of the post-conviction court.
Montgomery
Court of Criminal Appeals
State of Tennessee v. Ricky Hunter W2022-00763-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge John W. Campbell, Sr.
Ricky Hunter, Defendant, was indicted for one count of first degree murder and one count
of being a felon in possession of a firearm. After a jury trial, Defendant was convicted of
the lesser included offense of second degree murder and being a felon in possession of a
firearm. He was sentenced to a total effective sentence of 33 years. The trial court denied
a motion for new trial. After this Court waived the timely filing of the notice of appeal,
this appeal ensued. On appeal, Defendant challenges the sufficiency of the evidence
sustaining the second degree murder conviction. We find the evidence sufficient and
affirm the convictions.
Defendant, Michael Dewayne Fisher, appeals his Lawrence County conviction for attempted first degree premeditated murder, for which he received a sentence of twenty-five years’ incarceration. Defendant asserts that the evidence presented at trial is insufficient to support his conviction and that the trial court committed structural constitutional error when it denied his motion for recusal. Following a thorough review, we affirm the judgment of the trial court
Lawrence
Court of Criminal Appeals
Branden Brookins v. State of Tennessee W2022-01214-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James M. Lammey, Jr.
Branden Brookins, Petitioner, appeals from the denial of his petition seeking post-petition relief from his 2019 convictions for first degree murder, conspiracy to commit first degree murder, two counts of criminal attempt first degree murder, employing a firearm with intent to commit a felony, and reckless endangerment with a deadly weapon. On appeal, Petitioner claims that he received ineffective assistance of counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.
The defendant, Kentavis Antwon Jones, appeals his Madison County Circuit Court jury
convictions of possession of cocaine with intent to sell or deliver, possession of marijuana
with intent to sell or deliver, possession of a firearm by a convicted felon, possession of a
firearm during the commission of a dangerous felony, theft, driving on a revoked license,
and violation of the window tint law, arguing that the evidence was insufficient to support
his convictions. The defendant also raises the issue of merger, arguing that the trial court
properly merged his convictions. Because the trial court erred by merging certain firearm
convictions and because the judgments contain clerical errors, we reverse the improper
mergers and remand the case for the entry of corrected judgments. We affirm the trial
court’s judgments in all other respects.
Madison
Court of Criminal Appeals
State of Tennessee v. Timothy Potts W2021-01508-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.
Defendant, Timothy Potts, appeals as of right from his jury convictions for two counts of
aggravated rape, for which he received a sentence of twenty-four years. On appeal,
Defendant contends that the trial court erred by denying his motions to dismiss based upon
the statute of limitations and due process and that the evidence was insufficient to support
his convictions. Following our review, we affirm.
The Appellant, Keith L. Farmer, appeals the trial court’s denial of his petition for a writ of error coram nobis. Upon review of the motion filed by appointed counsel, and in light of the record on appeal, the Court hereby affirms the judgment of the trial court.
In this consolidated appeal, the defendant, Justin Darnay Graves, argues the trial court erred
in imposing partial consecutive sentences and ordering restitution in his three cases. After
our review, we discern no reversible error in the trial court’s imposition of consecutive
sentences, but we determine the order of restitution was in error. Therefore, we affirm the
sentences imposed by the trial court, vacate the orders of restitution and remand for entry
of corrected judgments.
Madison
Court of Criminal Appeals
State of Tennessee v. Wendolyn Lee W2022-00626-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Chris Craft
Following a trial, the jury convicted Wendolyn Lee, Defendant, of rape, statutory rape by
an authority figure, and incest. After a sentencing hearing, the trial court sentenced
Defendant to twelve years with 100% service for rape and five years as a Range I standard
offender for both statutory rape by an authority figure and incest. The court ordered the
sentences to be served consecutively, for a total effective sentence of twenty-two years,
and ordered Defendant to be on community supervision for life for the rape and incest
convictions. The court also sentenced Defendant to a consecutive term of 210 days for
multiple counts of direct criminal contempt of court. On appeal, Defendant claims that he
received ineffective assistance of counsel, that Tennessee courts lack territorial jurisdiction
to try the indicted offenses, that the rape charge was untimely because “adult rapes must
be reported within three years,” that he did not receive a speedy trial, that the jury was
prejudiced because Defendant’s other stepdaughter testified in rebuttal that she was raped
by Defendant, and that the court erred by not allowing Defendant to represent himself.
After a thorough review of the record and applicable law, we affirm the judgments of the
trial court.
Brandon Richmond Bowling, Petitioner, was charged in a twelve-count indictment with
six counts of rape, two counts of sexual battery, two counts of aggravated rape, one count
of first degree felony murder, and one count of first degree premeditated murder for his
role in the death of H.M.1, a 22-year-old woman. The State filed an intent to seek a sentence
of life without the possibility of parole. Prior to trial, counsel for Petitioner filed a motion
to suppress video evidence of an incident found on Petitioner’s phone. The motion was
never litigated. Petitioner pled guilty to one count of aggravated rape and one count of
second degree murder in exchange for dismissal of the remaining charges. As a result,
Petitioner received an effective sentence of 40 years at 100%. Petitioner filed a petition
for post-conviction relief raising the issue that trial counsel’s failure to advise him that the
search warrant justifying the search of his cell phone was constitutionally defective
rendered his guilty plea involuntary. After a hearing, the post-conviction court denied
relief. We affirm the judgment of the post-conviction court because Petitioner has failed
to satisfy the burden to establish that he is entitled to post-conviction relief. Furthermore,
the record establishes that trial counsel’s strategy of filing the motion, initiated negotiations
that resulted in a very favorable resolution for Petitioner. Accordingly, the judgment of
the post-conviction court is affirmed.
The Defendant, Michael Nyok Lueth, was convicted as charged by a Davidson County
Criminal Court jury of driving under the influence (DUI), sixth offense (Count 1); DUI per
se, sixth offense (Count 2); and driving on a revoked license (Count 3). The trial court
sentenced the Defendant as a Range II, multiple offender to concurrent six-year sentences
for the DUI convictions, merged the DUI convictions, and imposed a concurrent sentence
of eleven months and twenty-nine days imprisonment for the conviction for driving on a
revoked license. On appeal, the Defendant argues: (1) the trial court erred in telling
prospective jurors that an interpreter had been provided for the Defendant “out of an
abundance of caution”; (2) the trial court erred in providing a special instruction to the jury
that it was not allowed to consider the Defendant’s lack of fluency in English when
assessing the evidence in the case; (3) the trial court erred in denying defense counsel’s
motion for a mistrial after the prosecutor, relying on the trial court’s proposed special
instruction, stated during its rebuttal closing argument that the jury could not allow the
Defendant’s failure to speak English fluently to affect how the jury viewed the evidence;
and (4) he was improperly sentenced as a second offender for his conviction for driving on
a revoked license. After review, we affirm the Defendant’s convictions but remand the
case for entry of a corrected judgment form in Count 3 reflecting that the conviction offense
is driving on a revoked license, first offense, a Class B misdemeanor, and that the
Defendant’s sentence is six months, served concurrently with the sentence in Count 1.
A Madison County jury convicted the defendant, Justin Darnay Graves, of two counts of
simple possession of heroin, introduction of contraband into a penal facility, tampering
with evidence, speeding, and driving while unlicensed, for which he received an effective
sentence of six years in confinement. On appeal, the defendant contends the evidence
presented at trial was insufficient to support his conviction for tampering with evidence.
The defendant also argues the trial court erred in classifying his conviction for introduction
of contraband into a penal facility as a Class C felony. Following our review, we affirm
the judgments of the trial court with respect to the defendant’s convictions for simple
possession, introduction of contraband into a penal facility, speeding, and driving while
unlicensed. However, we reverse and vacate the defendant’s conviction for tampering with
evidence because we conclude the evidence is insufficient to support the conviction.
Furthermore, we remand to the trial court for a new sentencing hearing reflecting that the
introduction of contraband into a penal facility conviction is a Class D felony and for
corrected judgment forms in counts one and two.
The Petitioner, Devon Brown, appeals the Shelby County Criminal Court’s summary
dismissal of his pro se petition for a writ of error coram nobis, wherein he challenged his
2012 convictions for first degree murder, attempted first degree murder, aggravated assault,
facilitation of employing a firearm during the commission of a dangerous felony, and
reckless endangerment. Specifically, the Petitioner contended that he had recently
discovered the State withheld evidence that several of the victims’ vehicles present on the
scene were stolen, information that would have materially impacted the credibility of the
State’s witnesses at trial and might have led to a different outcome. The coram nobis court
found that the petition was time-barred, that the Petitioner was not entitled to due process
tolling, and that the Petitioner had not presented newly discovered evidence entitling him
to a new trial. The Petitioner appeals, and following our review, we affirm.
Makyle J. Love, Petitioner, appeals the denial of his petition for post-conviction relief. On
appeal, he alleges that the post-conviction court improperly denied post-conviction relief
because trial counsel provided ineffective assistance of counsel. After a thorough review,
we affirm the judgment of the post-conviction court.
Petitioner, Jerome Barrett, appeals from the denial of his petition for post-conviction relief, seeking relief from his first degree murder conviction. On appeal, Petitioner contends that the post-conviction court erred by not recusing itself and that he received the ineffective assistance of counsel. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.
The petitioner, Keith Trammell, appeals the denial of his post-conviction petition, arguing
he received the ineffective assistance of counsel on direct appeal. Following our review,
we affirm the post-conviction court’s denial of the petition.
The Petitioner, Edwin Orlando Millan, appeals from the Bradley County Criminal Court’s
denial of his petition for post-conviction relief from his filing a false police report and
tampering with evidence convictions. The post-conviction court granted relief in
connection with the filing a fraudulent insurance claim conviction after determining that
the Petitioner received the ineffective assistance of trial counsel. On appeal, the Petitioner
contends that the court erred by denying relief on his remaining convictions because (1) he
received the ineffective assistance of counsel, (2) the State elicited false trial testimony in
violation of his due process rights, (3) the State failed to disclose exculpatory evidence in
violation of Brady v. Maryland, 376 U.S. 83 (1986), and (4) he is entitled to relief pursuant
to the cumulative error doctrine. We affirm the judgment of the post-conviction court.
Jonathan Howell, the Defendant, appeals as of right from the Shelby County Criminal
Court’s denial of probation following his plea of guilty to theft of property valued at
$60,000 or more. The Defendant contends that the trial court erred by denying an
alternative sentence and by basing its denial solely on deterrence. Following our review,
we affirm the judgment of the trial court.
The Defendant, Melvin Summerville, was convicted in the Shelby County Criminal Court
of first degree premeditated murder and received a sentence of life in confinement. On
appeal, the Defendant claims that the trial court erred by (1) allowing testimony about a
previous domestic assault against the victim in violation of Tennessee Rule of Evidence
404(b); (2) allowing cellular telephone records into evidence when the State did not
establish relevance for the records; and (3) failing to suppress the testimony of a material
witness when the State did not reveal the name of the witness and turn over police body
camera video involving the witness until the “eve” of trial. Based on our review, we affirm
the judgment of the trial court.
A Campbell County jury convicted the Defendant, Jeffrey Michael Davis, of one count of
attempted aggravated burglary and two counts of aggravated assault. The trial court
sentenced the Defendant to serve twelve years in the Tennessee Department of Correction.
On appeal, the Defendant contends that: (1) the trial court improperly allowed irrelevant
testimony; (2) the evidence was insufficient to support his conviction for attempted
aggravated burglary and one count of aggravated assault; and (3) the trial court improperly
instructed the jury on the elements of aggravated assault. After review, we affirm the trial
court’s judgments.
Following the trial court’s revocation of his probation, Defendant, David Chad Moss, appeals arguing that the trial court failed to award him jail credit while incarcerated in Kentucky for an unrelated offense. Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, the issue is waived and the appeal is dismissed.
The Petitioner, Ugenio Dejesus Ruby-Ruiz, appeals the Davidson County Criminal Court’s
denial of his petition for post-conviction relief from his 2013 convictions for nine counts
of rape of a child, two counts of rape, five counts of aggravated sexual battery, and three
counts of sexual exploitation of a minor and his 121-year sentence at 100% service. The
Petitioner contends that he received the ineffective assistance of appellate counsel. We
affirm the judgment of the post-conviction court.
A Shelby County jury convicted the Defendant, Justine Welch, of first degree premeditated
murder, attempted first degree murder resulting in serious bodily injury, attempted first
degree murder, vehicular homicide, evading arrest in a motor vehicle, and two counts of
employing a firearm during the commission of a dangerous felony. The Defendant
received an effective sentence of life imprisonment without the possibility of parole plus
sixty-two years. On appeal, the Defendant asserts that (1) the evidence is insufficient to
support his convictions for first degree premeditated murder and attempted first degree
murder; (2) the trial court erred in denying his motion to suppress witnesses' out-of-court
and in-court identifications of him due to an impermissibly suggestive photographic lineup;
and (3) the trial court erred in declining to issue a special jury instruction on identification.
After review, we affirm the trial court's judgments.
