COURT OF CRIMINAL APPEALS OPINIONS

Roosevelt Morris v. Jason Clendenion, Warden
M2022-00857-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Michael E. Spitzer

Petitioner, Roosevelt Morris, appeals from the Hickman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. Petitioner alleges he is entitled to relief because his sentence is unconstitutional under Blakely v. Washington, 542 U.S. 296 (2004), he did not receive timely pretrial notice of the State’s notice of intent to seek enhanced punishment, and because the habeas corpus court did not give him sufficient time to file a written reply to the State’s response to the habeas corpus petition. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Donald Wayne Haynes
M2022-00828-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Michael Collins

The Defendant, Donald Haynes, pleaded guilty to two counts of attempted aggravated sexual battery in exchange for an effective sentence of eight years to be served on probation. At a subsequent restitution hearing, the trial court ordered the Defendant to pay $42,000 in restitution to the victim in monthly installments of $500. On appeal, the Defendant contends that there was insufficient evidence of pecuniary loss to support an order of restitution. After review, we reverse and remand the case for the trial court to determine the victim’s credibility, the victim’s pecuniary loss, if any, and to make adequate findings of fact, if any, to support the imposition of restitution based upon sufficient credible evidence of pecuniary loss.

State of Tennessee v. William Timothy Kirk
M2022-01334-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry R. Tidwell

Defendant, William Timothy Kirk, pleaded guilty to driving under the influence (DUI), first offense. The trial court sentenced Defendant to a term of eleven months, twenty-nine days in confinement, to be served at seventy-five percent. The trial court ordered the DUI sentence to be served consecutively to the life sentence for which Defendant was on parole at the time of the offense. On appeal, Defendant argues the trial court abused its discretion by imposing consecutive sentences. After review, we affirm the judgment of the trial court.

State of Tennessee v. Darren Marion Little
M2022-00738-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Darren Marion Little, pleaded guilty to two counts of violating the Sex Offender Registry and one count of possessing a prohibited weapon. The trial court sentenced the Defendant as a Range III offender to an effective sentence of ten years of incarceration. On appeal, the Defendant contends, and the State concedes, that the trial court erred when it classified him as a Range III offender. After review, we agree with the parties. We reverse the trial court’s judgment and remand the case for resentencing.

State of Tennessee v. Theodore Devon Wells
M2022-00512-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Theodore Devon Wells, of sale of a Schedule II narcotic, cocaine, and delivery of a Schedule II narcotic, cocaine. The trial court sentenced the Defendant as a Range III offender to twenty-eight years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erroneously admitted certain items of evidence. He further contends that his Sixth Amendment right of confrontation was violated. Finally, he contends that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

State of Tennessee v. Chris M. Jones
W2023-00141-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chris Craft

Pro-se petitioner, Chris M. Jones, appeals the Shelby County Criminal Court’s denial of
his “Rule 36 Plain Error Motion for New Trial.” 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. Thakelyn J. Tate
E2022-00601-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Thakelyn J. Tate, was convicted by a jury of conspiracy to possess more
than twenty-six grams of cocaine with the intent to sell or deliver in a drug-free zone.
See T.C.A. §§ 39-17-417(c) (2018) (subsequently amended) (possession of a controlled
substance) (2018), 39-17-432 (2018) (subsequently amended) (drug-free zone), 39-12-
103 (2018) (conspiracy). The jury likewise determined that the Defendant committed a
criminal gang offense, enhancing the felony classification of the conviction. See id. § 40-
35-121 (2019). The court imposed a fifteen-year sentence. On appeal, the Defendant
contends that the evidence is insufficient to support the criminal gang enhancement. We
affirm the judgment of the trial court.

State of Tennessee v. Durrell James a/k/a James Durrell
W2022-01204-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Johnson Mitchell

Defendant, Durrell James a/k/a/ James Durrell, was convicted by a Shelby County Jury of
three counts of aggravated stalking (Counts 1 through 3) and one count of stalking (Count
4). The trial court imposed a four-year sentence for each count of aggravated stalking in
Counts 1 through 3, and eleven months, twenty-nine days for stalking in Count 4. The trial
court further ordered that the sentence in Count 2 be served consecutively to Count 1 and
concurrently with the sentences in Counts 3 and 4 for an effective eight-year sentence as a
Range II multiple offender to be served in a local workhouse. On appeal, Defendant argues
that the evidence was insufficient to support his convictions. Following our review of the
entire record and the briefs of the parties, we affirm the judgments of the trial court but
remand for correction of a clerical error on the judgment form for Count 2 to reflect that it
is to be served consecutively to Count 1 and concurrently with Counts 3 and 4.

State of Tennessee v. Jermaine R. Carpenter
E2022-01352-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Jermaine R. Carpenter, appeals the trial court’s summary dismissal of his
second motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal
Procedure 36.1. Following our review, we affirm the judgment of the trial court pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals.

Edgar Bailey, Jr. v. State of Tennessee
E2022-01302-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The Petitioner, Edgar Bailey Jr., appeals from the Hamilton County Criminal Court’s
denial of his petition for post-conviction relief from his convictions for first degree felony
murder, setting fire to personal property, and three counts of aggravated assault. The
Petitioner is serving an effective life sentence. On appeal, the Petitioner contends that: (1)
the post-conviction court erred when it denied relief under the Post-Conviction DNA
Analysis Act of 2001 (the DNA Act), Tennessee Code Annotated sections 40-30-301 to -
313 (2018), and (2) the Petitioner is entitled to relief under the cumulative error doctrine.
We affirm the judgment of the post-conviction court.

James William Mabe v. State of Tennessee
M2022-01242-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, James William Mabe, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his petition alleging ineffective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Cededrick Ivory a/k/a Cederick Ivory
W2022-00843-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge J. Robert Carter, Jr.

The Defendant-Appellant, Cededrick Ivory, was indicted by a Shelby County Grand Jury
for first-degree premeditated murder in the shooting death of Anthony Travis (count one),
the attempted first-degree murder of Malik Muhammad (count two), and unlawful
employment of a firearm during the commission of first-degree murder (count three). Prior
to trial, the State dismissed counts two and three. The Appellant was convicted as charged
by a Shelby County jury of first-degree premediated murder (count one) and sentenced to
life in prison. In this appeal as of right, he raises the following issues for our review: (1)
whether the evidence is sufficient to support his conviction of first-degree premeditated
murder; (2) whether the trial court erred in refusing to instruct the prosecutor to correct the
testimony of a state witness; and (3) whether the trial court erred in excluding the dates of
prior charged offenses during the cross-examination of two state witnesses. Upon our
review, we must remand this case for entry of separate judgment forms reflecting a
dismissal of counts two and three. In all other respects, we affirm the judgment of the trial
court.

State of Tennessee v. Iesha Jones
E2022-01287-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Don W. Poole

The Defendant, Iesha Jones, was convicted by a Hamilton County Criminal Court jury of
first degree felony murder; voluntary manslaughter, a Class C felony; especially
aggravated robbery, a Class A felony; and reckless endangerment, a Class E felony. See
T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder),
39-13-211 (2018) (voluntary manslaughter), 39-13-403 (2018) (especially aggravated
robbery), 39-13-103 (2018 (subsequently amended) (reckless endangerment). The trial
court merged the first degree felony murder and voluntary manslaughter convictions and
imposed a life sentence. The court also imposed sentences of twenty years for especially
aggravated robbery and two years for reckless endangerment. The court ordered
concurrent service of the sentences, for an effective life sentence. On appeal, the Defendant
contends that (1) the evidence is insufficient to support her convictions for first degree
felony murder and especially aggravated robbery, (2) the trial court erred in admitting
hearsay evidence, (3) the prosecutor engaged in prosecutorial misconduct, and (4) the court
erred in denying her requested jury instructions regarding self-defense and defense of
others. We affirm the judgments of the trial court.

In Re Kathy Delores Horton (Prospectively d/b/a A-Team Bail Bond Company, LLC)
W2022-01355-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The appellant, Kathy Delores Horton (prospectively D/B/A A-Team Bail Bond Company, LLC), appeals the Shelby County Criminal Court’s denial of her petition to operate a new bail bond company.  The appellant asserts that the trial court erred in denying her petition because she had the requisite two years of experience working as a qualified agent.  The appellant also raises a challenge regarding the en banc panel, the denial of a claim concerning ex parte communications, and an equal protection claim.  Following our review, we affirm the trial court’s denial of the appellant’s petition, as well as her other claims.

Robert Wayne Garner v. Grady Perry, Warden
M2022-01733-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Christopher V. Sockwell

Petitioner, Robert Wayne Garner, appeals from the Wayne County Circuit Court’s summary denial of his second petition for habeas corpus relief, in which he challenged the sufficiency of the felony murder indictment under which he was convicted. Petitioner argues on appeal that the habeas corpus court erred in failing to make findings of fact and conclusions of law in denying relief. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Randall A. Murphy
M2022-00396-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Michael W. Binkley

The Defendant, Randall Murphy, appeals his convictions by a Williamson County Circuit Court jury of aggravated kidnapping, reckless aggravated assault, aggravated assault, criminal impersonation of law enforcement, and domestic assault. The Defendant argues: (1) the trial court committed reversible error when it misstated the law and provided its personal opinion on the determinate element of the kidnapping offense; (2) the trial court expressed its personal opinion regarding the testimony of one of the State’s key eyewitnesses; (3) the trial court improperly excluded evidence that the victim had consumed alcohol with her prescription medications at the time of the alleged offenses; (4) the trial court failed to give any weight to the applicable mitigating factors before imposing the maximum sentence for the aggravated kidnapping conviction; and (5) the cumulative effect of the trial court’s errors entitles him to a new trial on all counts. 1 After review, we reverse and remand this case for a new trial on the aggravated kidnapping charge in Count 1 and affirm the remaining counts.

Milburn L. Edwards v. State of Tennessee
M2022-01416-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Christopher V. Sockwell

Petitioner, Milburn L. Edwards, appeals from the Wayne County Circuit Court’s order summarily dismissing his ninth petition for writ of habeas corpus. On appeal, Petitioner argues the habeas corpus court’s order failed to include adequate findings of fact and conclusions of law, the State’s answer to the habeas corpus petition was insufficient, and the Warden of Petitioner’s penitentiary was not served with process. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Marterrius Hite
W2022-00678-CCA-R3-Cd
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Marterrius Hite, was convicted in the Shelby County Criminal Court of
two counts of first degree felony murder, aggravated child abuse, and aggravated child
neglect and received an effective sentence of life plus eighty years in confinement. On
appeal, the Defendant claims that (1) the evidence is insufficient to support his convictions,
(2) the trial court erred by allowing the State to introduce his belt into evidence without
establishing a proper chain of custody, (3) the trial court committed plain error by ruling
he “opened the door” to a police officer testifying that he was arrested on prior warrants,
(4) the trial court committed plain error by commenting on his expert witness’s PowerPoint
presentation, (5) the trial court erred by allowing the jury to deliberate late at night, and (6)
his effective sentence is excessive. Upon review, we affirm the judgments of the trial court.

Said Laghrab v. State of Tennessee
W2022-00736-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Said Laghrab, pled guilty in the Fayette County Circuit Court to aggravated
assault and received a four-year sentence. Seven years later, he filed a petition for postconviction
relief, and the post-conviction court summarily dismissed the petition as
untimely. Based upon the oral arguments, the record, and the parties’ briefs, we conclude
that the Petitioner has not shown he is entitled to due process tolling of the statute of
limitations and affirm the post-conviction court’s dismissal of the petition.

State of Tennessee v. Clifton Weathers Horn, II
M2022-00615-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge William R. Goodman, III

Defendant, Clifton Weathers Horn, II, pleaded guilty to eight counts of unlawful photography in violation of privacy (with dissemination), one count of attempted tampering with evidence, and fourteen counts of facilitation of sexual exploitation of a minor. Following a sentencing hearing, the trial court sentenced him to a term of four years in the Department of Correction, followed by one year of supervised probation. On appeal, Defendant argues the trial court erred in denying judicial diversion or other forms of full alternative sentencing. After review, we affirm the judgments of the trial court.

Tony Thomas v. State of Tennessee
W2022-00851-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lee V. Coffee

Petitioner, Tony Thomas, appeals the Shelby County Criminal Court’s denial of
post-conviction relief. On appeal, Petitioner argues that the post-conviction court erred in
denying relief. Finding that the issues presented for our review are without merit, waived,
previously determined, or a combination thereof, we affirm the judgment of the postconviction
court.

Deshun Hampton v. State of Tennessee
W2022-01473-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Petitioner, Deshun Hampton, appeals the denial of his petition for post-conviction
relief, arguing that he received ineffective assistance of counsel and that his guilty plea was
not knowingly and voluntarily entered. Based on our review, we affirm the judgment of
the post-conviction court.

State of Tennessee v. Jimmy L. Cobble
M2022-00598-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Wesley Thomas Bray

The Defendant, Jimmy L. Cobble, pleaded guilty to vehicular assault and driving under the influence (“DUI”), fifth offense in exchange for a concurrent sentence of one year in jail followed by seven years of supervised probation. After a violation report was filed and a hearing held, the trial court revoked the Defendant’s probation, determining that he materially violated the terms of his probation sentence by testing positive for methamphetamine and amphetamine and by admitting to using heroin and fentanyl. It ordered the Defendant to serve the remainder of his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it failed to consider alternatives to him serving the duration of his eight year sentence in confinement. After review, we affirm the trial court’s judgment.

State of Tennessee v. Anthony Terrell Brown
M2022-00729-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Dee David Gay

Anthony Terrell Brown, Defendant, was convicted by a jury in the Robertson County Circuit Court of first degree premeditated murder. He received a sentence of life in prison without parole. On appeal, Defendant contends the trial court erred when the presiding circuit court judge appointed, by interchange, a trial judge from an adjoining district to try the case, and that the evidence is insufficient to support his conviction. After review, we affirm the judgment of the trial court.

State of Tennessee v. Halley O'Brien Thompson
W2022-01535-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Kyle C. Atkins

A Madison County Circuit Court jury found the Defendant, Halley OBrien Thompson,1
guilty of aggravated sexual battery. The trial court sentenced the Defendant to fourteen
years in the Tennessee Department of Correction. On appeal, the Defendant contends that
the trial court erred by allowing an investigator to testify that it was common for child
victims to delay reporting allegations of sexual assault. He also argues that the State
presented improper prosecutorial argument during its rebuttal closing argument. Upon
review, we respectfully disagree and affirm the trial court’s judgment.