COURT OF CRIMINAL APPEALS OPINIONS

Brandon Marquell Brown v. State of Tennessee
M2023-01194-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Robert T. Bateman

The Petitioner, Brandon Marquell Brown, appeals the Robertson County Circuit Court’s denial of his petition for post-conviction relief, challenging his guilty-pleaded convictions for two counts of coercion of a witness and one count of aggravated assault. The Petitioner argues that the post-conviction court erred in denying his petition for post-conviction relief. Specifically, the Petitioner alleges that (1) his guilty pleas were not knowing, intelligent, and voluntary and (2) trial counsel was ineffective for failing to investigate and prepare the Petitioner’s cases by interviewing pertinent witnesses and for failing to meet with the Petitioner and review discovery with him. Following our review, we affirm the judgment of the post-conviction court.

Robertson Court of Criminal Appeals

State of Tennessee v. Willis Holloway
W2023-00787-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the Defendant, Willis Holloway, of two counts of aggravated robbery, two counts of aggravated kidnapping, and one count of aggravated burglary, and the trial court sentenced him to 135 years in the Tennessee Department of Correction. After an unsuccessful appeal, post-conviction filing, and extraordinary relief filing, in December 2022, the Defendant filed a Rule 36.1 motion challenging an unconstitutional jury instruction. He then filed a supplemental motion claiming “actual innocence.” The trial court denied his Rule 36.1 motion. The Defendant filed a motion to reconsider, which the trial court denied, and the Petitioner now appeals. The State asserts that, pursuant to Tennessee Rule of Appellate Procedure 4(a), the appeal is untimely. After review, we dismiss the appeal as untimely.

Shelby Court of Criminal Appeals

State of Tennessee v. Gardtrella Marie Day-Knowles
M2023-00644-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Jennifer Smith

The Appellant, Gardtrella Marie Day-Knowles, was convicted by a Davidson County jury of neglect of an impaired adult, for which she received a sentence of seven years’ supervised probation. See Tenn. Code Ann. § 71-6-117 (2017) (amended 2019, repealed 2020). On appeal, the Appellant argues that the trial court erred by: (1) allowing witnesses to describe conditions of animal neglect in her home; (2) refusing to redact an unfairly prejudicial comment from the victim’s medical records; and (3) allowing a witness to testify about her memory of the contents of a report under the public records hearsay exception. After review, we conclude there was no reversible error and affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Deondre Raymon McClain
M2023-00761-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge J. Russell Parkes

The Defendant, Deondre Raymon McClain, appeals the trial court’s revocation of his effective six-year probationary sentence stemming from his guilty-pleaded convictions for unlawful possession of a weapon by a convicted felon and possession of a Schedule VI controlled substance with the intent to sell. On appeal, he argues that the trial court’s findings were insufficient to support its decision to fully revoke his probation and order him to serve the remainder of his sentence in confinement. Following our review, we affirm the judgment of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. Renardo Dixon
W2023-00823-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Paula L. Skahan

The Defendant, Renardo Dixon, pled guilty in the Shelby County Criminal Court to aggravated assault and kidnapping, both Class C felonies, in exchange for concurrent sentences of eight years at 30% release eligibility, with the service left to the trial court’s determination. At the conclusion of the sentencing hearing, the trial court denied the Defendant’s request for probation and ordered that he serve his sentences in the Tennessee Department of Correction consecutively to his sentence in a prior case in which his probation had been violated. On appeal, the Defendant argues that the trial court erred by denying his request for probation. Based on our review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Valerie Ann Dollar
E2023-00531-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Lisa N. Rice

The Defendant, Valerie Ann Dollar, was convicted by a Johnson County Criminal Court
jury of first degree felony murder in perpetration of kidnapping, especially aggravated
kidnapping, and conspiracy to commit especially aggravated kidnapping. See T.C.A. §§
39-13-202 (2018) (subsequently amended) (first degree murder), 39-13-305 (2018)
(especially aggravated kidnapping), 39-12-103 (2018) (conspiracy). The trial court
imposed an effective life plus twenty-year sentence. On appeal, the Defendant contends
(1) that the evidence is insufficient to support the convictions and (2) that the trial court
erred by excluding evidence of the State’s pretrial offer to dismiss the murder charge. We
affirm the judgments of the criminal court.

Johnson Court of Criminal Appeals

State of Tennessee v. Keedrin Coppage
W2023-00205-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James M. Lammey

Defendant, Keedrin Coppage, was convicted by a Shelby County jury of first degree premeditated murder and tampering with evidence. The trial court imposed a life sentence for count one, and a consecutive sentence of six years for count two. Defendant raises twelve issues on appeal: (1) sufficiency of the evidence to support his first degree premeditated murder conviction; (2) admission of the Defendant’s prior bad acts against the victim under Tennessee Rule of Evidence 404(b); (3) admission of the victim’s statements under Tennessee Rule of Evidence 804(b)(6); (4) denial of his motion for a continuance of the trial date; (5) denial of his motion to admit recordings and photographs; (6) exclusion of portions of body camera footage; (7) denial of Defendant’s motion for mistrial; (8) exclusion of the victim’s family’s civil law suit; (9) allowing the jury to use transcripts of audio recordings; (10) not allowing defense counsel to question an officer regarding explicit recordings sent to him by Defendant; (11) not allowing defense counsel to question whether Defendant was charged for the prior bad acts admitted under Tennessee Rule of Evidence 404(b); and (12) that he is entitled to relief under the cumulative error doctrine. After a thorough review of the entire record, the briefs, oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Landon Hank Black
E2022-01741-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Landon Hank Black, was convicted in the Knox County Criminal Court of
second degree murder and unlawful possession of a firearm by a convicted felon and
received an effective sentence of twenty-five years in confinement. On appeal, the
Defendant contends that the State infringed on his right to remain silent; the trial court
erred by allowing a State witness to give opinion testimony but then prohibiting a defense
witness from doing the same; the trial court erred by allowing a State witness to testify that
she had sex with the Defendant just days after the victim’s death; the State was allowed to
attack the integrity of the defense during the presentation of the evidence; the State’s
closing arguments were improper; the trial court erred by instructing the jury that the
Defendant had a duty to retreat before acting in self-defense; the trial court erred by
refusing to give a modified sequential jury instruction; the trial court incorrectly instructed
the jury on voluntary manslaughter; and the cumulative effect of the errors requires a new
trial. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the
judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Landon Allen Turner
M2023-01254-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Thomas W. Graham

A Marion County jury convicted Landon Allen Turner, Defendant, of reckless homicide and aggravated child abuse for the death of Z.H.,[1] Defendant’s girlfriend’s two-year-old son.  He argues on appeal that: (1) the juvenile court erred in transferring his case to circuit court; (2) the State violated its Brady obligations by failing to provide defense counsel with a copy of Defendant’s statements prior to the juvenile transfer hearing; (3) the evidence was insufficient to support his convictions; (4) his conviction for aggravated child abuse should be barred under the doctrine of “mutually exclusive verdicts”; and (5) his sentence is excessive.  After review, we affirm the judgments.[1] It is the policy of this Court to protect the identities of minor victims by using their initials. 

 

Marion Court of Criminal Appeals

State of Tennessee v. Lamiracle Scott
W2022-01145-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James M. Lammey

Defendant, Lamiracle Scott, appeals from her Shelby County conviction for first degree premediated murder, for which she received a life sentence. Defendant contends: (1) that the evidence is insufficient to support her conviction; (2) that the trial court abused its discretion by denying her request for a continuance; and (3) that she is entitled to plain error relief due to a juror allegedly sleeping during trial. Following a thorough review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Nathaniel Isaac Herrick
E2023-00984-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Nathaniel Isaac Herrick, appeals from the Sullivan County Criminal
Court’s probation revocation of his two-year sentence for drug-related convictions. On
appeal, the Defendant contends that the trial court abused its discretion by revoking his
probation and ordering him to serve the remainder of his sentence in confinement. We
affirm the judgment of the trial court.

Sullivan Court of Criminal Appeals

State of Tennessee v. Jonathan Keith Hughes, Jr.
M2023-00732-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Larry J. Wallace

The defendant, Jonathan Keith Hughes, Jr., was convicted by a Dickson County Circuit Court jury of one count of first degree murder, one count of criminally negligent homicide, and three counts of conspiracy to commit murder. On appeal, the defendant challenges the trial court’s admission of evidence of his gang affiliation, the trial court’s failure to provide an accomplice instruction to the jury, and the sufficiency of the convicting evidence. Upon review of the record, we remand the case to the trial court for entry of corrected judgments reflecting the defendant’s convictions for conspiracy to commit first degree murder under the proper statute. We otherwise affirm the judgments of the trial court.

Dickson Court of Criminal Appeals

State of Tennessee v. Trevale Demarco Davis
E2023-00579-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry A. Steelman

Trevale Demarco Davis, Defendant, appeals the Hamilton County Criminal Court’s probation revocation of his effective five-year sentence for three counts of aggravated burglary and one count of robbery. On appeal, Defendant contends that the trial court abused its discretion by revoking his probation. After review, we affirm the trial court’s judgment.

Hamilton Court of Criminal Appeals

State of Tennessee v. Chad Anthony Turner
E2023-00577-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Andrew M. Freiberg

Defendant, Chad Anthony Turner, entered an open guilty plea to theft of property $250,000 or more, a Class A felony. He was sentenced to sixteen years’ incarceration and ordered to pay $100,000, in restitution to be paid in monthly installments of $700, should he make parole. On appeal, Defendant contends the trial court erred by imposing a restitution amount without any significant findings on Defendant’s financial resources and ability to pay and conditioned on the possibility of parole, by ordering a restitution amount which could not be satisfied prior to the end of his sentence, and by denying his request for an alternative sentence. Upon review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the trial court regarding the length and manner of Defendant’s sentence. However, we reverse the trial court’s restitution order and remand for a new restitution hearing consistent with this opinion.

Bradley Court of Criminal Appeals

Christopher A. Maxwell v. State of Tennessee
M2023-01090-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Justin C. Angel

Petitioner, Christopher A. Maxwell, pleaded guilty to one count of first degree premeditated murder and two counts of attempted first degree premeditated murder, and was sentenced to an effective term of life plus twenty years. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after conducting a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered unknowingly and involuntarily. After review, we affirm the judgment of the post-conviction court.

Franklin Court of Criminal Appeals

State of Tennessee v. Jonathan Darrell Hardin, Alias
E2022-01753-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Steven Wayne Sword

The Knox County Grand Jury charged Defendant, Jonathan Darrell Hardin,1 with one count of especially aggravated kidnapping and one count of aggravated assault. Following a jury trial, Defendant was found guilty of the lesser offenses of aggravated kidnapping and assault. The trial court imposed an effective sentence of ten years in the Tennessee Department of Correction (TDOC), to be served consecutively to a ten-year sentence for a prior conviction. On appeal, Defendant argues: (1) the State committed discovery violations by not disclosing certain evidence; (2) Defendant’s fair trial rights were violated by the State’s failure to preserve and withhold material evidence; (3) the State improperly commented on Defendant’s right to silence; (4) the State improperly commented on Defendant’s post-arrest silence during Defendant’s cross-examination; (5) Defendant’s trial counsel rendered ineffective assistance by not calling an eyewitness witness to testify; and (6) Defendant is entitled to relief based on cumulative error. After review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Christopher Joe Whaley
E2023-01099-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Rex Henry Ogle

A Sevier County jury found the defendant, Christopher Joe Whaley, guilty of possession of a firearm by a
convicted felon, possession of drug paraphernalia, and a seatbelt violation for which he received an effective
sentence of sixteen years in confinement. On appeal, the defendant contends the evidence presented at trial was
insufficient to support his conviction; the trial court erred in sentencing; and the judgments entered were
incorrect and failed to properly award the defendant his pretrial jail credit. Upon our review of the record, the
parties’ briefs, and oral arguments, we affirm the defendant’s convictions and sentences, but remand for the
determination by the trial court as to whether the defendant is entitled to pretrial jail credit and for entry of
corrected judgments in Counts 2 and 4.

Sevier Court of Criminal Appeals

State of Tennessee v. Logan Darby Helton
E2023-01132-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Sandra N.C. Donaghy

Logan Darby Helton, Defendant, claims the trial court abused its discretion by denying his application for judicial diversion relative to his guilty-pleaded convictions for aggravated burglary, aggravated criminal trespass, and unlawful photographing in violation of privacy. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court but remand the case for entry of a corrected judgment form in Count 2 reflecting a sentence of eleven months twenty-nine days.

Bradley Court of Criminal Appeals

Horatio Lewis Rice v. State of Tennessee
M2023-00609-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, Horatio Lewis Rice, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to adequately investigate Petitioner’s mental health issues and that Petitioner lacked the mental capacity to enter into a constitutionally valid plea agreement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Bedford Court of Criminal Appeals

State of Tennessee v. Shelton Hall, III
M2023-00657-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James A. Turner

Petitioner, Shelton Hall, III, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Rutherford Court of Criminal Appeals

State of Tennessee v. Roger Earl England
E2022-01392-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Roger Earl England, appeals as of right from his conviction for first degree
premeditated murder, for which he is serving a life sentence. On appeal, Defendant
contends that (1) the evidence of premeditation is insufficient to support his conviction; (2)
the trial court erred by admitting Defendant’s jail telephone calls and emails, which alerted
the jury to Defendant’s pretrial incarceration; (3) the prosecutor made improper statements
during the State’s closing and rebuttal arguments; (4) the trial court erred by instructing the
jury that destruction of evidence could be considered evidence of guilt only as to the
charged offense of first degree murder and by declining to instruct the jury on voluntary
manslaughter as a lesser-included offense; and (5) the cumulative effect of these errors
entitles him to a new trial. After a thorough review of the evidence and applicable case
law, we affirm

Knox Court of Criminal Appeals

State of Tennessee v. Horace Andrew Tyler Nunez
E2023-00193-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle A. Hixson

A Knox County jury convicted Horace Andrew Tyler Nunez, Defendant, of one count of first degree premeditated murder and four counts of reckless endangerment. On appeal, Defendant advances multiple arguments related to: admissibility of evidence; improper jury communications; sufficiency of the evidence; failing to instruct the jury on voluntary manslaughter; and sentencing. The State argues: the trial court did not err, or alternatively, any error was harmless; the evidence was sufficient; and the sentence was proper. After review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Kelby Lerha Taylor
W2023-00693-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge J. Weber McCraw

The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.

McNairy Court of Criminal Appeals

State of Tennessee v. Terrance Collins
W2023-01150-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carlyn L. Addison

Terrance Collins (“Defendant”) appeals from his Shelby County Criminal Court conviction for aggravated arson, a Class A felony, and resulting twenty-year sentence. Defendant contends that the evidence was insufficient to support his conviction and that the trial court abused its discretion by imposing more than the minimum in-range sentence. Following a thorough review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Ryan Michael Ramey v. State of Tennessee
E2023-00724-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lisa Rice

The petitioner, Ryan Michael Ramey, appeals the denial of his post-conviction petition,
arguing the post-conviction court erred in finding he received the effective assistance of
counsel. After our review of the record, briefs, and applicable law, we affirm the denial of
the petition.

Unicoi Court of Criminal Appeals