COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Desmond Lanier Hatchett
E2023-01587-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Hector Sanchez

Defendant, Desmond Lanier Hatchett, was convicted by a Knox County jury of evading
arrest with risk of death or injury, driving while his license was revoked, reckless driving,
violation of the financial responsibility law, and violation of the window tint law. The trial
court imposed an effective sentence of six years’ incarceration. Defendant appeals, arguing
that the trial court erred in imposing a six-year sentence for evading arrest with risk of
death or injury. Upon review of the entire record, briefs and oral arguments of the parties,
and the applicable law, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Timothy Dion Wells
E2023-00516-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Timothy Dion Wells, was convicted by a Knox County Criminal Court
jury of second degree murder, for which he is serving a twenty-two-year sentence as a
Range I offender. See T.C.A. § 39-13-210(a)(1) (2018). On appeal, he contends that: (1)
the evidence is insufficient to support his conviction, (2) the trial court erred in various
evidentiary rulings, (3) he is entitled to a new trial based upon the cumulative effect of
multiple trial errors, and (4) his sentence is excessive. We affirm the judgment of the trial
court.

Knox Court of Criminal Appeals

State of Tennessee v. Steven Alexander Greene
E2023-01727-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Tammy Harrington

The Defendant, Steven Alexander Greene, pleaded guilty to second degree murder, a Class
A felony, especially aggravated robbery, a Class A felony, especially aggravated burglary,
a Class B felony, and tampering with evidence, a Class C felony. See T.C.A. §§ 39-13-
210 (2018) (second degree murder), 39-13-403 (2018) (especially aggravated robbery), 39-
14-404 (2018) (subsequently amended) (especially aggravated burglary), 39-16-503
(2018) (tampering with evidence). Pursuant to the plea agreement, the trial court was to
determine the length of the sentences, and the court imposed an effective sentence of
twenty-five years. On appeal, the Defendant contends that the trial court erred by applying
the mitigating factors before applying the enhancement factors when imposing the
Defendant’s sentence. We affirm the judgments of the trial court.

Blount Court of Criminal Appeals

State of Tennesse v. Antonio M. Starnes
M2023-00958-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge James A. Turner

A Rutherford County jury found Defendant, Antonio M. Starnes, guilty of first degree premeditated murder and possession of a firearm by a convicted violent felon. The trial court imposed an effective sentence of life plus seventeen years and six months. On appeal, Defendant contends: (1) the evidence was insufficient to support the convictions; (2) the trial court erred in issuing a flight instruction; and (3) the trial court failed to properly poll the jury. We remand for entry of judgments reflecting the trial court’s dismissal of Counts 2, 4, 5, and 6. We otherwise affirm the judgments of the trial court.

Rutherford Court of Criminal Appeals

John Monzell Banks v. State of Tennessee
M2024-00073-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge William R. Goodman, III

The petitioner, John Monzell Banks, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial.  Following our review, we affirm the denial of the petition.

Montgomery Court of Criminal Appeals

Cedric Jones v. Brian Eller, Warden
E2024-00212-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Stacy L. Street

The Petitioner, Cedric Jones, appeals the Criminal Court for Johnson County’s summary
dismissal of his petition for writ of habeas corpus relief. On appeal, he argues that the
sentence and fines imposed against him were excessive, the trial judge and jurors should
have been disqualified, his prosecution was a violation of double jeopardy, the indictment
against him was defective, and the judgments were facially void. The State contends that
the grounds raised are not cognizable under habeas corpus and that the indictment vested
the trial court with jurisdiction to render its judgment. Based on our review, we affirm the
habeas corpus court’s dismissal of the petition.

Johnson Court of Criminal Appeals

Jermaine Nelson Buford v. State of Tennessee
M2023-01710-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark J. Fishburn

In 2018, a Davidson County jury convicted the Petitioner, Jermaine Nelson Buford, of possession of .5 grams or more of cocaine with intent to sell, aggravated assault, felony evading arrest, evading arrest, vandalism of property less than $1,000, and simple possession of marijuana. The trial court sentenced the Petitioner to an effective sentence of thirty years of incarceration. The Petitioner filed a direct appeal, and this court affirmed the judgments of the trial court. State v. Buford, No. M2019-00402-CCA-R3-CD, 2020 WL 414558, at *1 (Tenn. Crim. App. Jan. 27, 2020), perm. app. denied (Tenn. June 3, 2020). The Petitioner then filed a petition for post-conviction relief, alleging the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel by trial counsel’s failure to seek the suppression of evidence from the Petitioner’s cell phone. After review, we affirm the post-conviction court’s denial of post-conviction relief.

Davidson Court of Criminal Appeals

State of Tennessee v. Joshua Lynn Damesworth
W2023-00825-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bruce I. Griffey

The Defendant pleaded guilty to theft of property and was placed on judicial diversion for five years and ordered to pay $167,000 in restitution to the victim. The Defendant failed to pay the entire amount of restitution, and the trial court revoked the Defendant’s sentence and ordered him to serve a five-year prison sentence. On appeal, the Defendant challenges the trial court’s finding that his failure to pay the entirety of the restitution prior to the expiration of his sentence was willful. After review of the record, we reverse the trial court’s revocation order.

Henry Court of Criminal Appeals

Jashun Antravious Jarrett v. State of Tennessee
W2023-01636-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Petitioner, Jashun Antravious Garrett, pleaded guilty to one count of aggravated robbery and one count of theft under $1,000 and was sentenced to an effective eight years of incarceration. More than one year after the trial court entered judgments on Petitioner’s convictions, Petitioner filed a petition for post-conviction relief from his convictions. The post-conviction court summarily dismissed the petition as untimely. Petitioner then filed an untimely notice of appeal with this court. Based on Petitioner’s untimely notice of appeal, his appeal is dismissed.

Court of Criminal Appeals

State of Tennessee v. Tommy Gene Couch, Sr.
E2023-01812-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Boyd M. Patterson

The Defendant, Tommy Gene Couch, Sr., appeals from his guilty-pled conviction for aggravated assault. Pursuant to the terms of the plea agreement, the trial court was to determine the length and manner of service of the Defendant’s sentence. Subsequently, the trial court denied the Defendant’s request for alternative sentencing and imposed a three-year sentence in incarceration. On appeal, the Defendant challenges the denial of alternative sentencing as an abuse of the trial court’s discretion. After review, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Jaslene Washington v. State of Tennessee
M2024-00074-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bradley Sherman

In 2022, the Petitioner, Jaslene Washington, pleaded guilty in the Marion County General Sessions Court to assault and resisting arrest and received an effective sentence of eleven months and twenty-nine days of unsupervised probation conditioned upon the payment of fines and costs. The Petitioner filed a petition for post-conviction relief, alleging multiple claims including ineffective assistance of counsel. Following a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that counsel was ineffective in providing erroneous information regarding the expungement of her convictions and that the Petitioner relied upon this erroneous information in deciding to enter the guilty pleas. After review, we affirm the post-conviction court’s judgment.

Marion Court of Criminal Appeals

Christopher Matthew Taylor v. State of Tennessee
E2024-00343-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Hector Sanchez

In 2021, the Petitioner, Christopher Matthew Taylor, pled guilty to the offense of unlawful possession of a weapon by a convicted felon. The trial court sentenced the Petitioner to a term of six years and placed him on probation. After his suspended sentence was revoked, the Petitioner filed a petition for post-conviction relief in April 2023, alleging that his original plea was not knowingly and voluntarily entered and that he was denied the effective assistance of counsel. After a hearing, the post-conviction court dismissed the petition as untimely, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

State of Tennessee v. Ladarius Quashon Kees
M2024-00057-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Robert T. Bateman

The Defendant, Ladarius Quashon Kees, appeals the revocation of his community corrections sentence and reinstatement of the remainder of his original five-year sentence in confinement, arguing that the trial court erred by failing to adequately consider the appropriate consequences for his violations and by failing to weigh his request for a rehabilitation program.  Based on our review, we affirm the judgment of the trial court. 

Robertson Court of Criminal Appeals

Fabian Claxton v. State of Tennessee
W2023-01324-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Chris Craft

Petitioner, Fabian Claxton, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. After a full review of the record, briefs and oral arguments of the parties, we affirm the judgment of the post-conviction court. 

Shelby Court of Criminal Appeals

State of Tennessee v. Melvin Chism, III
E2023-00620-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Duane Slone

A Jefferson County jury convicted the Defendant, Melvin Chism, III, of possession of a firearm by a convicted felon and possession of drug paraphernalia. The Defendant appeals, arguing that (1) the evidence at trial was insufficient to establish that he constructively possessed the firearm; and (2) evidence in this case was obtained in violation of his Fourth Amendment rights when an officer took and retained his identification card without reasonable suspicion that he had committed a crime. Upon our review, we respectfully affirm the judgments of the trial court.

Jefferson Court of Criminal Appeals

Byron Hartshaw v. State of Tennessee
E2023-01565-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Petitioner, Byron Hartshaw, of two counts of robbery, two counts of aggravated robbery, and two counts of aggravated burglary, and the trial court sentenced him to serve an effective term of fifteen years. After that, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to prepare a defense, failed to clarify a pretrial ruling, and failed to object during cross-examination, opening statements, and closing arguments. He also argued that the cumulative effect of trial counsel’s deficiencies was sufficient to establish that he was denied the effective assistance of counsel. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Court of Criminal Appeals

State of Tennessee v. Colby Mason Kilburn
M2023-01021-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge M. Caleb Bayless

The Defendant, Colby Mason Kilburn, was convicted in the Lawrence County Circuit Court of first degree premeditated murder and received a sentence of life in confinement.  On appeal, the Defendant contends that the evidence is insufficient to support his conviction because the State failed to prove premeditation and intent.  Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court.

Lawrence Court of Criminal Appeals

Brian C. Lautenschlager v. State of Tennessee
W2024-00582-CCA-R3-ECN
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Brent Bradberry

Petitioner, Brian C. Lautenschlager, filed a pro se Petition for Writ of Error Coram Nobis (“the Petition”), seeking relief based on a “newly discovered” affidavit that was signed in 2007 and “sent” to him in 2023. The coram nobis court found that the Petition was not filed within the one-year statute of limitations and that Petitioner failed to establish that he was entitled to equitable tolling of the statute of limitations and summarily dismissed the Petition. We affirm the judgment of the coram nobis court.

Decatur Court of Criminal Appeals

State of Tennessee v. Derek Cunningham, Jr.
W2024-00292-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge W. Mark Ward

Petitioner, Derek Cunningham, Jr., claims that the trial court erred by summarily denying his pro se Petition for Writ of Error Coram Nobis and his pro se Motion to Correct an Illegal Sentence, both for failing to state a colorable claim. Discerning no error, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Andre Davis, Jr.
W2023-01456-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Joseph T. Howell

The Madison County Grand Jury indicted Defendant, Andre Davis, Jr., for one count each of harassment and aggravated stalking. A jury found Defendant guilty as charged, and the trial court imposed an effective two-year sentence. Defendant appeals and argues that the evidence was insufficient to support his convictions. After a careful review of the record and the briefs of the parties, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Torrian Seantel Bishop
W2023-00713-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jeffrey Parham

The Tennessee Supreme Court remanded this case for reconsideration in light of State v. Andre JuJuan Lee Green, --- S.W.3d ---, No. M2022-00899-SC-R11-CD, 2024 WL 3942511 (Tenn. 2024). See State v. Torrian Seantel Bishop, No. W2023-00713-CCA-R3- CD, 2024 WL 1564346, (Tenn. Crim. App. Apr. 11, 2024) (Bishop I), case remanded (Tenn. Aug. 27, 2024). This court concluded in the previous appeal that the certified question was dispositive of the case and that the officers had probable cause to search the Defendant’s car because an officer smelled the odor of marijuana. Upon further review, we conclude that the certified question is not dispositive of the case because our supreme court in Andre JuJuan Lee Green made clear that a trial court must apply a totality of the circumstances analysis when determining whether an officer has probable cause to conduct a warrantless search of a car. --- S.W.3d ---, 2024 WL 3942511, at *6. Upon consideration of the certified question and our supreme court’s holding in Andre JuJuan Lee Green, we conclude that we are without jurisdiction to consider the certified question presented. The appeal is dismissed.

Obion Court of Criminal Appeals

State of Tennessee v. Alexis Faxon
E2023-01480-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Alexis Faxon, was convicted by a Sullivan County jury of reckless driving and
speeding which resulted in a fatal two-car accident. The trial court sentenced Defendant
to consecutive sentences of thirty days’ incarceration for speeding and six months
suspended to probation for reckless driving. Defendant appeals, arguing that the evidence
is insufficient to support her conviction for reckless driving, that the trial court erred by
denying a mistrial based on alleged discovery violations, and that the trial court erred by
admitting photographs and victim impact statements at the sentencing hearing and by
ordering thirty days’ incarceration. Upon our review of the entire record, the briefs of the
parties, and the applicable law, we affirm the judgments of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Jerrell Anderson
W2023-01618-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James Jones, Jr.

Defendant, Jerrell Anderson, appeals his Shelby County convictions for four counts of attempted first degree murder, two counts of aggravated assault, two counts of reckless endangerment, and two counts of employing a firearm during the commission of a dangerous felony. Defendant argues that the trial court erred in denying two motions for mistrial and in admitting redacted recordings of jail phone calls into evidence instead of admitting the calls in their entirety. After review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Russell Lynn Onks
E2023-01656-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge William K. Rogers

Defendant, Russell Lynn Onks, was convicted by a Sullivan County jury of four counts of violation of the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004. After a hearing, the trial court imposed an effective sentence of two years, suspended to probation after service of ninety days of incarceration. Defendant appeals, arguing that the evidence was insufficient to support a finding that he established a primary residence, secondary residence, or a physical presence within Sullivan County to support counts one and two. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. John Allen Hessmer
M2024-00056-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Senior Judge Don R. Ash

The Defendant, John Allen Hessmer, appeals the Wilson County Circuit Court’s denial of his motion to correct illegal sentences pursuant to Tennessee Rule of Criminal Procedure 36.1.  Based on our review, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals