COURT OF CRIMINAL APPEALS OPINIONS

Jason Wayne Staggs v. State of Tennessee
W2018-01688-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Joe H. Walker, III

Petitioner, Jason Wayne Staggs, pled guilty in the Tipton County Circuit Court as a persistent offender to (1) burglary of a building, (2) theft of property valued over $10,000 and less than $60,000, and (3) evading arrest. The trial court sentenced Petitioner pursuant to a plea agreement to an effective sentence of fifteen years’ incarceration to be served at forty-five percent. Petitioner timely filed pro se petitions for post-conviction relief, and the post-conviction court appointed counsel, who filed an amended petition. After a hearing, the post-conviction court denied the post-conviction petition in a written order. On appeal, Petitioner argues that he received ineffective assistance of counsel and his guilty plea was unknowing. Following a thorough review, we affirm the judgment of the post-conviction court.

Tipton Court of Criminal Appeals

State of Tennessee v. Darrell Wren
W2018-02087-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge John W. Campbell

A Shelby County jury convicted the Defendant, Darrell Wren, of second degree murder, attempt to commit second degree murder, and employing a firearm during the commission of a dangerous felony. The trial court imposed an effective forty-five year sentence. On appeal, the Defendant asserts that the evidence is insufficient to sustain his convictions for second degree murder and attempt to commit second degree murder and that the trial court’s sentence is excessive. After review, we affirm the trial court’s judgments and remand for the execution of a corrected judgment for the employing a firearm during the commission of a dangerous felony conviction.

Shelby Court of Criminal Appeals

State of Tennessee v. Martiness Henderson
W2018-02015-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Paula L. Skahan

A Shelby County jury convicted the juvenile defendant, Martiness Henderson, of first degree murder committed during the perpetration of a robbery. After conviction, the trial court immediately imposed a life sentence which the defendant now challenges as unconstitutional. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Manoochehre Lee Dadfar
M2018-01547-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Manoochehre Lee Dadfar, appeals the Lincoln County Circuit Court’s order revoking his probation for his convictions for initiating the manufacture of methamphetamine and possession with the intent to sell a controlled substance and ordering him to serve the remainder of his effective ten-year sentence in confinement. The Defendant contends that the trial court abused its discretion by revoking his probation. We affirm the judgment of the trial court.

Lincoln Court of Criminal Appeals

Richard Kelly Smith v. Grady Perry, Warden
W2019-00159-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Joe H. Walker, III

Richard Kelly Smith, Petitioner, filed a pro se Petition for Writ of Habeas Corpus (“the Petition”), claiming that he is “being illegally restrained of his liberty by an illegal, void, and/or expired criminal conviction/sentence.” The habeas corpus court found that his sentence had not expired and that the Petition “demonstrate[d] no right to relief” and summarily dismissed the Petition. Discerning no error, we affirm the judgment of the habeas corpus court.

Hardeman Court of Criminal Appeals

State of Tennessee v. Makoyous Houston
E2018-01118-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge G. Scott Green

The Appellant, Makoyous Houston, appeals the trial court’s revocation of his probation, contending that the proof adduced at the hearing was insufficient to support the revocation and that the trial court abused its discretion by ordering him to serve his sentence in confinement. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Helena Moore
E2018-00709-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Jeffrey Hill Wicks

The Appellant, Helena Moore, appeals the trial court’s revocation of her community corrections sentence and order to serve her original two-year sentence in confinement, contending that she should have been returned to community corrections. Upon review, we affirm the judgment of the trial court.

Roane Court of Criminal Appeals

William Zukowski v. Shawn Phillips, Warden
W2019-00575-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge R. Lee Moore, Jr.

William Zukowski, Petitioner, filed a Petition for Writ of Habeas Corpus, claiming the trial court lacked jurisdiction to pronounce judgment and sentence for his five convictions of rape of a child because (1) his consecutive sentences violated double jeopardy, (2) the indictment was deficient because the charges were multiplicitous, and (3) the trial court’s failure to require an election violated his constitutional right to a unanimous jury verdict. The habeas corpus court found that Petitioner’s claims were not cognizable habeas corpus claims and summarily dismissed the petition. We affirm the judgment of the habeas corpus court.

Lake Court of Criminal Appeals

Darion Merriweather v. State of Tennessee
W2018-01373-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The petitioner, Darion Merriweather, appeals the denial of his petition for post-conviction relief, which petition challenged his
guilty-pleaded conviction of carjacking, alleging that he was deprived of the effective assistance of counsel and that his guilty plea was not entered into knowingly and voluntarily. Because the record establishes that counsels’ performance was deficient and that the petitioner’s guilty plea was unknowing and involuntary, we reverse the denial of post-conviction relief, vacate the petitioner’s guilty plea, and remand for trial.

Shelby Court of Criminal Appeals

Jeffery Yates v. State of Tennessee
W2018-02246-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

In this procedurally complex and litigious case, the Petitioner, Jeffery Yates, was convicted in three sets of convictions, 1993, 1994, and 2003, of: (1993) especially aggravated kidnapping, attempted aggravated robbery, and aggravated kidnapping, receiving an effective eighteen-year sentence; (1994) five counts of aggravated assault, receiving a ten-year concurrent sentence; and (2003) aggravated robbery, receiving a thirty-year Range II sentence. The Petitioner has repeatedly and unsuccessfully challenged his convictions and sentences. In this, his latest challenge, the Petitioner filed a petition for post-conviction relief challenging his 2003 convictions. He contended that he had received the ineffective assistance of counsel and that the trial court had improperly amended his judgment of conviction. The post-conviction court summarily dismissed the petition, concluding that the grounds for relief had clearly been waived because they had not been raised in the Petitioner’s prior petition for post-conviction relief. In the alternative, the trial court stated that, if it considered the petition as a motion to re-open the prior post-conviction proceeding, the Petitioner had failed to meet his burden of proof. We affirm the post-conviction court’s judgment.

Shelby Court of Criminal Appeals

Antonio Q. Clifton v. State of Tennessee
W2018-02289-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer Johnson Mitchell

In 1998 and 1999, the Petitioner pleaded guilty to three different drug offenses. State v. Antonio Clifton, No. W2016-00175-CCA-R3-CD, 2016 WL 6427862, at *1 (Tenn. Crim. App., at Jackson, Oct. 31, 2016), no Tenn. R. App. P. 11 application filed. Several years later, the Petitioner filed a petition for a writ of habeas corpus and a motion to correct an illegal sentence, both of which were denied based on the fact that his sentences had expired. The Petitioner filed this, his second petition for a writ of habeas corpus. The habeas corpus court denied the petition for failure to comply with procedural requirements and because the Petitioner’s sentence had expired. On appeal, we affirm the habeas corpus court’s judgment.

Shelby Court of Criminal Appeals

State of Tennessee v. Brewston Cole
W2019-00245-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Clayburn Peeples

The Defendant, Brewston Cole, pleaded guilty to possession of over .5 grams of a Schedule VI controlled substance with the intent to sell, and the trial court sentenced him to a two-year term of supervised probation. The Defendant reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the warrantless search of the Defendant’s vehicle was lawful based on the length of the traffic stop. After review, we affirm the trial court’s judgment.

Gibson Court of Criminal Appeals

Steven Padgett King v. State of Tennessee
M2018-00652-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Jill Bartee Ayers

Petitioner, Steven Padgett King, appeals the dismissal of his petition for post-conviction relief, in which he sought application of the rule announced in Ward v. State, 315 S.W.3d 461 (Tenn. 2010). We reverse the judgment of the post-conviction court and remand to the post-conviction court for a new evidentiary hearing to determine whether Petitioner is entitled to relief pursuant to Ward.

Montgomery Court of Criminal Appeals

Reginald Lamon Goldsmith v. State of Tennessee
M2018-01814-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Angelita Blackshear Dalton

The Petitioner, Reginald Lamon Goldsmith, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in failing to appoint post-conviction counsel and summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred and conclude that the Petitioner has waived his due process claim.

Davidson Court of Criminal Appeals

State of Tennessee v. Raymond Watison
W2018-00552-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James M. Lammey, Jr.

The defendant, Raymond Watison, appeals his Shelby County Criminal Court jury conviction of first degree premeditated murder, claiming that the trial court erred by denying his motion to suppress the statements he gave to the police following his arrest, that the trial court erred by admitting certain testimony in violation of evidence rule 404(b), that the trial court erred by permitting the State to admit the defendant’s statements as rebuttal evidence, that the State knowingly presented false testimony, that the evidence was insufficient to support his conviction, that the prosecutor impermissibly misled the jury during closing argument, and that the cumulative effect of the errors deprived him of a fair trial. Discerning no error, we affirm.

Shelby Court of Criminal Appeals

State of Tennessee v. Clarence Reed Julian
E2019-00074-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven W. Sword

Defendant, Clarence Reed Julian, pled guilty to criminal simulation in exchange for a sentence of two years as a Range II, multiple offender with the manner of service of the sentence to be determined after a sentencing hearing. At the hearing, the trial court denied an alternative sentence, ordering Defendant to serve the sentence in incarceration. Defendant appeals. After a review, we determine there is a clerical error in the judgment form. The judgment form wrongly designates Defendant as a Range I, standard offender and the technical record indicates that Defendant, as a Range I offender, has already received the benefit of Determinate Release from the Department of Correction. We remand for entry of a corrected judgment form, designating Defendant as a Range II, multiple offender, requiring Defendant to complete his sentence as such an offender. Otherwise, we affirm the trial court’s denial of alternative sentencing.

Knox Court of Criminal Appeals

State of Tennessee v. Douglas Wayne Jackson
M2017-01528-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge William R. Goodman, III

A Montgomery County Grand Jury indicted the Defendant with second degree murder (count one), vehicular homicide (count two), aggravated assault (count three), failure to complete boating safety certification (count four), and operating a motorboat without a valid identification number (count five). Pursuant to a plea agreement, the Defendant entered a guilty plea to reckless homicide, a lesser included offense of second degree murder (count one). The plea agreement further provided that the Defendant plead guilty as a Range II, multiple offender pursuant to Hicks v. State, 945 S.W.2d 706, 709 (Tenn. 1997) (holding that a knowing and voluntary guilty plea waives any irregularity as to offender classification or release eligibility), with the trial court to determine the length and manner of service of his sentence. In exchange for the Defendant’s plea of guilty, the State agreed to dismiss the remaining counts in the indictment. Following a sentencing hearing, the trial court imposed a sentence of five-years’ imprisonment. Ten days later, the Defendant filed a motion to modify his sentence pursuant to Rule 35 of the Tennessee Rules of Criminal Procedure. Following a second hearing, the trial court denied relief and imposed the same sentence. In this appeal as of right, the Defendant argues that the trial court erred in sentencing the Defendant and in failing to grant his Rule 35 motion to modify the sentence. Upon our review, we affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

Samuel Winkfield v. State of Tennessee
W2018-01873-CCA-R3-ECN
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Donald H. Allen

The Petitioner, Samuel Winkfield, appeals the Madison County Circuit Court’s summary dismissal of his petition for a writ of error coram nobis from his second degree murder and tampering with evidence convictions, for which he received an effective sentence of twenty-five years. We affirm the judgment of the coram nobis court.

Madison Court of Criminal Appeals

Ronnie Ingram v. State of Tennessee
W2018-01875-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The petitioner, Ronnie Ingram, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. Following our review, we affirm the denial of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. Erik Standback
W2018-01804-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey

A Shelby County jury convicted the Defendant, Erik Standback, of attempted second degree murder, aggravated assault, employing a firearm during the commission of a dangerous felony, and reckless endangerment. The trial court imposed an effective sentence of eighteen years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is insufficient to support his convictions. After review, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Raymon Muhammad
W2018-02141-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The defendant, Raymon Muhammad, appeals his Shelby County Criminal Court jury conviction of first degree murder, challenging the sufficiency of the convicting evidence. Discerning no error, we affirm.

Shelby Court of Criminal Appeals

Devin Whiteside v. State of Tennessee
W2018-02051-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Kyle Atkins

The petitioner, Devin Whiteside, appeals the denial of his petition for post-conviction relief, which petition challenged his guilty-pleaded convictions of aggravated robbery, alleging that his guilty pleas were invalid because he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Madison Court of Criminal Appeals

State of Tennessee v. Dominique Alexander Booker
E2018-00777-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge G. Scott Green

In 2017, the Defendant, Dominque Alexander Booker, pleaded guilty to three counts in two separate cases, and the trial court sentenced him to a probationary sentence. In 2018, the Defendant’s probation officer filed a probation violation warrant alleging that the Defendant had violated his probation by committing assault and vandalism and by not notifying his probation officer of the new offenses. After an evidentiary hearing, the trial court revoked the Defendant’s probation sentences for both cases. On appeal, the Defendant contends that the trial court erred when it admitted into evidence the police officer’s recount of the victim’s statements about the assault as an excited utterance over the Defendant’s hearsay objection. After review, we affirm the trial court’s judgment.

Knox Court of Criminal Appeals

State of Tennessee v. Rashida Tyquisha Groomster
M2018-00579-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Jury in Case No. 2017-C-1591 convicted Defendant, Rashida Tyquisha Groomster, of theft of property over $1,000 in value. She also pled guilty to theft of property less than $1,000 in value in Case No. 2017-B-1407. The trial court initially imposed an effective one-year sentence to be served in confinement. However, an amended judgment was subsequently entered indicating that Defendant was to serve her effective one-year sentence on community corrections. On appeal, Defendant argues that the evidence was insufficient to support her conviction for theft of property over $1,000 in value, that the trial court improperly denied her request for judicial diversion, and the trial court erred by denying alternative sentencing. After a careful review of the record, we affirm the trial court’s judgments.

Davidson Court of Criminal Appeals

Dantario Burgess v. State of Tennessee
W2018-01707-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Robert Carter, Jr.

The Petitioner, Dantario Burgess, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition.

Shelby Court of Criminal Appeals