COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Sean Kirk Wagner
E2025-00637-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Hector Sanchez

An Anderson County jury convicted the Defendant, Sean Kirk Wagner, of sexual battery
by an authority figure, a Class C felony, and the trial court sentenced him to four years,
364 days of which were to be served at 100% in the county jail and the balance to be
suspended and served on supervised probation. On appeal, the Defendant contends that:
(1) when the trial court instructed the jury on sexual battery by an authority figure as a
lesser-included offense to Count 1, rape, it constructively amended the indictment; (2) the
evidence is insufficient to sustain his conviction; (3) the State improperly failed to elect
specific facts to support his conviction; (4) the trial court erred when it allowed the State
to elicit testimony that the Defendant had referred to the victim and her friends as “sluts”;
and (5) the trial court erred when it did not allow the results of his polygraph test to be
admitted into evidence. After review, we affirm the trial court’s judgment.

Shannon Leigh Smith v. State of Tennessee
E2025-00858-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Ryan M. Spitzer

Petitioner, Shannon Leigh Smith, appeals the denial of her post-conviction petition arguing that the post-conviction court erred in denying her claim that trial counsel was ineffective in 1) failing to uncover evidence of a detective’s sexual relationship with a State’s witness and the same detective’s termination from the Tennessee Alcoholic Beverage Commission for misconduct; 2) failing to file a motion to suppress searches of Petitioner’s cell phone and Facebook account; 3) inadequately cross-examining the victim’s sister-in-law; 4) failing to put forth evidence to support self-defense; 5) failing to call defense witnesses including an expert on battered woman syndrome; 6) and withdrawing motions to disqualify the clerk’s office and the district attorney general’s office. She further argues that she is entitled to relief based on the cumulative effect of trial counsel’s alleged errors. Following our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

State of Tennessee v. Gabriel Seth Box
W2025-00274-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

A Henderson County jury convicted the Defendant, Gabriel Seth Box, of first degree premeditated murder, theft of a firearm, and two counts of tampering with evidence. The trial court imposed an effective sentence of life plus six years. On appeal, the Defendant raises two issues: (1) whether the trial court erred in denying his motion to continue the trial date so that he could present an expert witness; and (2) whether the trial court erred in imposing consecutive sentencing. Upon our review, we conclude that the Defendant’s motion to continue should have been granted, though the error was harmless in light of the expected testimony of the defense expert. We also conclude that the case should be remanded for reconsideration of consecutive sentencing under the factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). Accordingly, we respectfully affirm in part, reverse in part, and remand the case for reconsideration of the issues related to consecutive sentencing.

State of Tennessee v. Kyle Golden
W2025-00959-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Jennifer Fitzgerald

The Defendant, Kyle Golden, entered a guiltyplea to one count of aggravated assaultand three counts of child abuse. The Shelby County Criminal Court accepted the Defendant’s guilty plea and, following a sentencing hearing, denied the Defendant’s request for judicial diversion and imposed an effective sentence of five years’ supervised probation. The Defendant appeals, arguing that the trial court erred by denying his request for judicial diversion. Discerning no error, we affirm.

Terrance B. Smith v. State of Tennessee
W2025-00898-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge A. Blake Neill

Petitioner, Terrance B. Smith, appeals from the post-conviction court’s denial of a motion to reopen his post-conviction proceeding. Because the notice of appeal in this case fails to satisfy the requirements for an application for permission to appeal pursuant to Tennessee Code Annotated section 40-30-117(c), we lack jurisdiction to consider the appeal. Accordingly, the appeal is dismissed.

William Rolandus Keel v. Robert Adams, Warden
W2025-00356-CCA-R3-HC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge A. Blake Neill

The Petitioner, William Rolandus Keel, pro se, was convicted of two counts of rape of a
child. In this consolidated appeal, he challenges the orders of the Hardeman County Circuit
Court summarily dismissing his petitions seeking habeas corpus relief. Upon review, we
affirm.

State of Tennessee v. Keith Andrew Baggett
W2025-01176-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Joseph T. Howell

The Defendant, Keith Andrew Baggett, appeals from the Madison County Circuit Court’s
probation revocation of his six-year sentence. On appeal, the Defendant contends that the
trial court abused its discretion by revoking his probation and ordering him to serve his
sentence in confinement. We affirm the judgment of the trial court.

Frank Delmar Raines, Jr. v. State of Tennessee
E2025-01374-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge David R. Duggan

Frank Delmar Raines, Jr., the Petitioner, appeals from the Blount County Circuit Court’s
denial of his petition for post-conviction relief from his convictions for attempted rape and
attempted aggravated kidnapping, for which he is serving an effective thirty-year sentence.
On appeal, the Petitioner claims that the post-conviction court erred in denying relief on
his ineffective assistance of counsel claims related to trial counsel’s investigation of a
State’s witness and counsel’s decision not to call character witnesses at the sentencing
hearing. We affirm the judgment of the post-conviction court.

State of Tennessee v. William Lavell Nelson
E2025-01642-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Boyd M. Patterson

Pursuant to a negotiated plea agreement, the Defendant, William Lavell Nelson, pled guilty
to one count of aggravated assault and received an agreed-upon sentence of ten years’
incarceration as a Range II, multiple offender. The Defendant thereafter filed a motion to
correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which
the trial court summarily dismissed. On appeal, the Defendant argues that the trial court
erred by summarily dismissing his motion and by considering it as a request for relief
pursuant to Tennessee Rule of Criminal Procedure 35. Discerning no reversible error, we
affirm.

State of Tennessee v. Thomas Lymn
M2025-00787-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Forest A. Durard, Jr.

Defendant, Thomas Lymn, appeals his Moore County Circuit Court jury conviction of theft of property valued at $2,500 or more but less than $10,000, arguing that the evidence was insufficient to support his conviction. Upon our review, we conclude that the evidence was sufficient and, therefore, affirm the judgment of the trial court.

Jeffrey Roach v. State of Tennessee
E2025-01608-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Alex E. Pearson

Jeffrey Roach, Petitioner, pled guilty to unlawful possession of a weapon by a convicted
felon in January of 2025. In exchange for the plea, he received a three-year sentence to be
served at 100%. In February of 2025, he filed a series of pro se motions which referenced
post-conviction relief and ineffective assistance of counsel. The post-conviction court
treated the motions as a petition for post-conviction relief, appointed counsel, and set a
hearing. Petitioner continued to file motions with the court despite being represented by
counsel. After a hearing, at which Petitioner did not testify, the post-conviction court
denied relief. Petitioner appealed. We affirm the judgment of the post-conviction court.

State of Tennessee v. Jonathan Andrew Berretta
M2024-01538-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge William A. Lockhart

A Coffee County jury convicted the Defendant, Jonathan Andrew Berretta, of one count of vehicular homicide by intoxication and one count of vehicular homicide per se. The trial court merged those convictions and sentenced the Defendant to twelve years’ imprisonment. On appeal, the Defendant raises thirteen issues in three broad categories: challenges to the denial of his motion to suppress the seizure of his blood, trial issues, and a sentencing issue. Challenging the denial of his motion to suppress, he contends that the trial court erred by finding that(1) the affidavit supporting the Vanderbilt University Medical Center (“VUMC”) search warrant for his blood contained no false or reckless statements; (2)probable cause supported the search warrant and judicial subpoena; (3) the search warrant was not overbroad; (4) the search warrant and judicial subpoena established a sufficient nexus between VUMC and the evidence sought; (5) the VUMC blood draws were not the result of state action; and (6) an earlier warrantless EMS blood draw was supported by probable cause and exigent circumstances. Regarding his trial, the Defendant argues that the trial court erred by (7) admitting a life-in-being photograph of the victim; (8) finding that the VUMC specimen release form satisfied the business records exception to the rule against hearsay; (9) finding that chain of custody was established for the VUMC blood samples; (10) admitting the VUMC blood draw evidence in violation of the Confrontation Clause; (11) instructing the jury on vehicular homicide per se in a manner that created an unconstitutional presumption of guilt; and (12) allowing the cumulative effect of those errors to deprive him of a fair trial. Finally, the Defendant maintains that the trial court erred in (13) ordering his sentence to run consecutively to a sentence he had pending in Davidson County at the time of these offenses. Upon our review, we respectfully affirm the judgments of the trial court. 

Sheppard Washington v. Christopher Brun, Warden
M2025-00633-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Michael E. Spitzer

Petitioner, Sheppard Washington, appeals from the Hickman County Circuit Court’s dismissal of his petition for a writ of habeas corpus. The habeas corpus court found that Petitioner’s request for relief, which was based upon a claim that his sentence had expired, was premature. Upon review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Marty Lynn Judd
M2025-01544-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Larry B. Stanley, Jr.

The Defendant, Marty Lynn Judd, appeals from his Warren County Circuit Court convictions of second degree murder and possession of a prohibited weapon, for which he received an effective sentence of twenty-six years’ incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence. He also asserts that the trial court erred by overruling his objections to hearsay and to leading questioning during the State’s direct examination of a witness. Discerning no error, we affirm.

Christopher W. Gadsden v. State of Tennessee
M2025-01313-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steve R. Dozier

Christopher W. Gadsden, Petitioner, sought post-conviction relief from his convictions for second-degree murder and theft, claiming that he received ineffective assistance of counsel because an attorney with the Office of the Public Defender of Metropolitan Nashville & Davidson County (herein “Public Defender’s Office”)previously represented the victim, thereby creating a conflict of interest that rendered trial counsel’s representation ineffective. Following a hearing, the post-conviction court denied relief. We affirm.

State of Tennessee v. John Ernest Rediker
M2026-00874-CCA-R9-CD
Dispositive Order
Authoring Judge: Judge Robert L. Holloway, Jr.; Judge Timothy L. Easter; Judge Jill Bartee Ayers

This matter is before the Court upon application of the Defendant, John Ernest Rediker, for permission to pursue an interlocutory appeal. Tenn. R. App. P. 9. The State has filed a response in opposition. The Defendant seeks review of the trial court’s order denying his request for special jury instructions in this case. Upon full consideration, the application is denied for the reasons stated below.

David C. Sands v. State of Tennessee
M2025-01365-CCA-R3-ECN
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge James A. Turner

The petitioner, David C. Sands, appeals the summary dismissal of his petition for writ of error coram nobis by the Rutherford County Circuit Court, alleging newly discovered evidence exists that demonstrates his innocence. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.

Courtney B. Mathews v. State of Tennessee
M2025-01970-CCA-R3-HC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge M. Caleb Bayless

In 1996, a Montgomery County jury convicted the petitioner, Courtney B. Mathews, of four counts of felony murder and one count of especially aggravated robbery for which he received an effective sentence of life without parole plus twenty-five years in confinement. On June 24, 2025, the petitioner applied for a writ of habeas corpus, alleging “the indictment upon which his judgment is based is duplicitous and, therefore, void. ”The habeas corpus court summarily dismissed the application, concluding the petition failed to state a cognizable claim for relief. The petitioner appealed. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

State of Tennessee v. Gregory Keontae Lyons
M2025-00230-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James A. Turner

Defendant, Gregory Keontae Lyons, appeals from his convictions for first-degree premeditated murder; employing a firearm during the attempt to commit a dangerous felony; attempted sale of a Schedule I controlled substance; and conspiracy to sell a Schedule I controlled substance, for which he is serving an effective sentence of life plus twelve years. On appeal, Defendant contends that the evidence is insufficient to support his convictions; that the trial court erred by granting the State’s motion in limine to exclude references to his age; and that the trial court failed to properly consider Defendant’s age as a mitigating factor in sentencing. After a thorough review of the record, we affirm.

State of Tennessee v. Hunter Jay Chantler
W2025-00977-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Bruce I. Griffey

The Defendant, Hunter Jay Chantler, appeals from his jury conviction for aggravated sexual battery and resulting eight-year sentence. On appeal, the Defendant asserts that (1) the evidence introduced at trial was insufficient to support his conviction due to the victim’s lack of credibility and (2) the trial court abused its discretion by questioning the minor victim during the State’s direct examination at trial. After review, we affirm the judgment of the trial court.

State of Tennessee v. Joseph Lumley
W2025-00067-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Paula L. Skahan

The Defendant, Joshua Cortez Moten, was convicted by a Madison County Circuit Court
jury of possession of a firearm by a convicted felon, a Class B felony; evading arrest in a
motor vehicle, a Class D felony; and possession of ANPP, a Schedule II controlled
substance, a Class A misdemeanor, and was sentenced by the trial court to an effective
term of nine years at 85% in the Tennessee Department of Correction. On appeal, the
Defendant argues that the trial court abused its discretion by denying alternative
sentencing. We affirm the judgments of the trial court.

Laura Naomi Clifton v. State of Tennessee
W2025-01520-CCA-R3-PC
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph Howell

In May 2024, the Petitioner, Laura Naomi Clifton, pleaded guilty to two counts of sexual
exploitation of a minor via electronic means, and the trial court entered the agreed sentence
of concurrent two-year sentences, to be served at 30%. The plea agreement specified that
the Petitioner would not be placed on the sex offender registry. After serving her sentence,
the Petitioner was placed on the sex offender registry and forced to comply with its
requirements. Accordingly, she filed a petition for post-conviction relief. During the
hearing on the petition, the post-conviction court offered her time to consider her options.
She went to the parking lot to consider the matter and, while she was outside, the postconviction
court dismissed her petition for failure to prosecute. The Petitioner asked the
post-conviction court to reconsider, and it denied her request. After a review of the record,
we reverse the post-conviction court’s judgment, and we remand the case for a hearing
during which the Petitioner should be given the opportunity to pursue her petition for postconviction
relief.

State of Tennessee v. Joshua Cortez Moten
W2025-00840-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Kyle C. Atkins

The Defendant, Joshua Cortez Moten, was convicted by a Madison County Circuit Court
jury of possession of a firearm by a convicted felon, a Class B felony; evading arrest in a
motor vehicle, a Class D felony; and possession of ANPP, a Schedule II controlled
substance, a Class A misdemeanor, and was sentenced by the trial court to an effective
term of nine years at 85% in the Tennessee Department of Correction. On appeal, the
Defendant argues that the trial court abused its discretion by denying alternative
sentencing. We affirm the judgments of the trial court.

Anthony Todd Ghormley v. Shawn Phillips, Warden and State of Tennessee
E2025-01904-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jeffery H. Wicks

The Petitioner, Anthony Todd Ghormley, appeals from the Morgan County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus from his convictions and his effective 105-year sentence. We affirm the judgment of the habeas corpus court.

State of Tennessee v. Joseph Ervin Bobo
E2025-01092-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge G. Scott Green

Joseph Ervin Bobo, the Defendant, was convicted by a Knox County jury of one count of conspiracy to possess three hundred grams or more of methamphetamine with the intent to manufacture, deliver, or sell and one count of conspiracy to possess twenty-six grams or more of cocaine with the intent to manufacture, deliver, or sell. See T.C.A §§39-17-417 (a)(4), (c), (j)(2021Supp.) (subsequently amended) (possession of a controlled substance with intent to manufacture, deliver or sell);39-12-103 (2025) (conspiracy). The Defendant alleges that the evidence is insufficient to support his convictions and that the trial court erred in sentencing. The State responds that the Defendant’s appeal should be dismissed because this court does not have jurisdiction as no valid notice of appeal was filed. We dismiss the appeal.