COURT OF CRIMINAL APPEALS OPINIONS

Arthur Ray Lepley
01C01-9903-CR-00084

Davidson Court of Criminal Appeals

Joe Utley vs. State of Tennessee
01C01-9709-CR-00428
Authoring Judge: Senior Judge L. T. Lafferty
Trial Court Judge: Judge Seth W. Norman

The appellant, Joe L. Utley, appeals as of right from a judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. The petitioner alleges that trial and appellate counsel rendered ineffective assistance in several areas. After a through review of the record, we REMAND to the trial court with instructions to enter a findings of fact and conclusions of law.

Davidson Court of Criminal Appeals

Knight vs. Knight
01A01-9710-CV-00609

Court of Criminal Appeals

01C01-9508-CC-00257
01C01-9508-CC-00257
Trial Court Judge: J. S. Daniel

Rutherford Court of Criminal Appeals

State of Tennessee v. Ricky Anderson
W2022-00452-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Glenn Ivy Wright

Defendant, Ricky Anderson, appeals his Shelby County convictions for two counts of first
degree premeditated murder, for which he received concurrent life sentences. Defendant
contends that the evidence presented at trial was insufficient to support his convictions and
that the trial court abused its discretion in admitting photographs of one of the deceased
victims. Following a thorough review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Kristina Cole v. State of Tennessee
W2022-01245-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

Petitioner, Kristina Cole, appeals the denial of post-conviction relief from her Shelby
County convictions for two counts of conspiracy to possess 300 grams or more of
methamphetamine with the intent to sell or deliver in a drug-free zone and two counts of
possession of 300 grams or more of methamphetamine with intent to sell or deliver in a
drug-free zone. Petitioner contends that she was denied the effective assistance of counsel
based upon counsel’s failure to: (1) object to irrelevant and prejudicial text messages
introduced at trial; (2) file a Bruton motion; (3) contest that Petitioner tracked the package
containing the methamphetamine; (4) adequately prepare for trial; (5) object when the State
argued that Petitioner’s silence implied guilt; (6) object when the prosecutor “testified
during closing argument in order to bolster his own credibility”; and (7) object when the
prosecutor intentionally misrepresented evidence during closing argument. Petitioner
further asserts that she is entitled to relief based on cumulative error. Following a thorough
review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Jaselyn Grant v. State of Tennessee
W2022-01453-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Chris Craft

The petitioner, Jaselyn Grant, appeals the denial of her petition for post-conviction relief,
which petition challenged her convictions of second degree murder, reckless
endangerment, and aggravated assault, alleging that she was deprived of effective
assistance of counsel at trial. Because the petitioner has failed to establish that she is
entitled to post-conviction relief, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Jacob A. Smith
E2023-01065-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The defendant, Jacob A. Smith, appeals his Knox County jury conviction of unlawful
possession of a weapon by a convicted felon, challenging the trial court’s denial of his
motion to continue his trial to attain the assistance of an expert witness. Because the
defendant’s motion for new trial was untimely filed and because we decline to waive the
untimeliness of the defendant’s notice of appeal, we dismiss the appeal.

Knox Court of Criminal Appeals

Kris Young v .State of Tennessee
E2022-00235-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The petitioner, Kris Young, appeals the denial of his petition for post-conviction relief,
which petition challenged his convictions of aggravated kidnapping, aggravated robbery,
and aggravated burglary, alleging that the trial court erred in the jury instructions, that the
evidence was insufficient to support the aggravated kidnapping conviction, that the
kidnapping statutes are unconstitutionally vague, that his aggravated kidnapping
conviction violates the principles of double jeopardy, and that trial and appellate counsel
performed deficiently. Discerning no error, we affirm the denial of post-conviction relief.

Knox Court of Criminal Appeals

State of Tennessee v. Marty W. Stanfill
M2002-00022-CCA-MR3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Seth W. Norman

Davidson Court of Criminal Appeals

James C. Ward vs. State
E2004-01397-CCA-R3-HC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Robert E. Cupp
The petitioner, James C. Ward, appeals from the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish his claim of a void judgment. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

Johnson Court of Criminal Appeals

Donnell Booker vs. State
E2005-00231-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Robert E. Cupp
The petitioner, Donnell Booker, appeals from the trial court's order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.

Johnson Court of Criminal Appeals

Jerome William Devereaux vs. State
E2004-01891-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: O. Duane Slone

Jefferson Court of Criminal Appeals

Mark Alan Deakins vs. State
E2004-01803-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Stephen M. Bevil
The petitioner, Mark Alan Deakins, pled guilty in the Hamilton County Criminal Court to especially aggravated sexual exploitation of a minor, sexual exploitation of a minor, and statutory rape and received an effective eleven-year sentence to be served as one year in jail and the remainder on probation. Subsequently, the petitioner filed a post-conviction petition, alleging that he was prosecuted under unconstitutional statutes and in violation of ex post facto constitutional provisions. The trial court denied post-conviction relief. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Joseph B. Thompson vs. State
E2005-00005-CCA-R3-HC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: R. Jerry Beck
The petitioner, Joseph B. Thompson, filed a petition for a writ of habeas corpus in the Sullivan County Criminal Court. The trial court summarily dismissed the petition for failure to meet procedural requirements, which dismissal the petitioner appeals. The State filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.

Sullivan Court of Criminal Appeals

State vs. Dan E. Durell
E2004-03014-CCA-R3-CD
Authoring Judge: Judge J. Curwood Witt, Jr.
Trial Court Judge: Ray L. Jenkins
The petitioner, Dan E. Durell, appeals the trial court's order dismissing his petition for post-conviction relief. The pleading is barred by the statute of limitations and was properly dismissed. Accordingly, this court affirms the trial court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R.

Knox Court of Criminal Appeals

M1998-00239-CCA-WRM-PC
M1998-00239-CCA-WRM-PC

Davidson Court of Criminal Appeals

Charles C. Gary
M1998-00457-CCA-R3-CD

Davidson Court of Criminal Appeals

M1999-00076-CCA-R3-PC
M1999-00076-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Steve R. Dozier

Davidson Court of Criminal Appeals

State of Tennessee v. Larry Wayne Burney
M1999-00628-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Robert W. Wedemeyer

Montgomery Court of Criminal Appeals

M1998-00752-CCA-R3-PC
M1998-00752-CCA-R3-PC
Trial Court Judge: Donald P. Harris

Hickman Court of Criminal Appeals

M1999-00684-CCA-MR3-CD
M1999-00684-CCA-MR3-CD
Authoring Judge: Judge Jerry Smith
Trial Court Judge: Steve R. Dozier

Davidson Court of Criminal Appeals

M1999-00691-CCA-R3-CD
M1999-00691-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley

Davidson Court of Criminal Appeals

State v. Anthony Borg
M1999-02360-CCA-R3-CD
Authoring Judge: Judge Joe G. Riley
Trial Court Judge: Leon C. Burns, Jr.
Defendant, Anthony Borg, pled guilty to one count of burglary and was sentenced by the trial court to a term of four years in the Department of Correction. On appeal, the defendant raises two issues: (1) whether the trial court erred by imposing the maximum sentence; and (2) whether the trial court erred in denying the defendant alternative sentencing. The judgment of the trial court is affirmed.

Putnam Court of Criminal Appeals

Jimmy Dale Smith v. State of Tennessee
M1999-00952-CCA-R3-PC

Cheatham Court of Criminal Appeals