COURT OF CRIMINAL APPEALS OPINIONS

Yasin Solomon Hawkins v. State of Tennessee
M2018-02155-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Mark J. Fishburn

After a bench trial, a trial judge convicted the Petitioner, Yasin Solomon Hawkins, of aggravated robbery and sentenced him as a career offender to thirty years in the Tennessee Department of Correction. The Petitioner appealed his conviction presenting only the issue of whether the trial court erred when it denied his motion to suppress his statement to police. This Court affirmed the trial court’s judgment. State v. Yasin S. Hawkins, No. M2017-02439-CCA-R3-CD, 2018 WL 4520949 (Tenn. Crim. App., at Nashville, Sept. 20, 2018), perm. app. denied (Tenn. Jan. 16, 2019). The Petitioner then filed a timely petition for writ of error coram nobis alleging that his arrest warrants were newly discovered evidence and that they were procedurally flawed and invalid. The trial court summarily dismissed the petition finding that the arrest warrants were not newly discovered evidence and that, even if the warrants were flawed, any defect was cured by the indictments. After review, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

Joe Michael Turner v. State of Tennessee
E2018-01871-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bobby R. McGee

A Knox County jury convicted the Petitioner, Joe Michael Turner, of two counts of aggravated rape, one count of especially aggravated kidnapping, three counts of aggravated kidnapping, and one count of aggravated assault, and the trial court imposed an effective sentence of 100 years. In 2017, the Petitioner filed a writ of error coram nobis, claiming newly discovered evidence in the form of a letter from the District Attorney’s office notifying him of a police officer’s misconduct. The trial court dismissed the petition finding the Petitioner had not presented a colorable claim. The Petitioner appeals, maintaining that he is entitled to relief. After review, we affirm the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Coy Jewel Mayberry
E2018-01597-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Carter S. Moore

A Cocke County jury found the Defendant, Coy Jewel Mayberry, guilty of rape of a child, and the trial court sentenced the Defendant to forty years of incarceration. The Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred when it imposed the maximum allowable sentence. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Cocke Court of Criminal Appeals

State of Tennessee v. Dominic Rodriguez
M2018-01811-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge William R. Goodman, III

The trial court convicted Defendant, Dominic Rodriguez, of one count of sexual battery following a bench trial. On appeal, Defendant argues that this court should reweigh the evidence because the State presented insufficient evidence for a rational juror to have found Defendant guilty beyond a reasonable doubt. After a thorough review of the facts and applicable case law, we affirm.

Montgomery Court of Criminal Appeals

State of Tennessee v. Jamar Laquinn Fraizer
E2018-00202-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Jamar Laquinn Frazier, was convicted by a Knox County Criminal Court jury of first degree premeditated murder. See T.C.A. § 39-13-202 (2014). He received a life sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the trial court erred by admitting evidence in violation of the Tennessee Rules of Evidence, and (3) the trial court erred by providing a jury instruction on flight. Although we conclude that the evidence is sufficient to support the Defendant’s conviction, we conclude that the trial court erred by admitting evidence related to the Defendant’s previous gun possession and to the Defendant’s possible involvement in the killing of a witness to the shooting in this case. We reverse the judgment of the trial court and remand the case for a new trial.

Knox Court of Criminal Appeals

State of Tennessee v. Anthony Martin, Alias
E2018-01066-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Anthony Martin, alias, appeals his jury conviction for rape of a child. In this direct appeal, the Defendant alleges that the trial court erred when it allowed the State to question him about facts underlying a statutory rape by an authority figure conviction as a prior inconsistent statement. Following our review of the record and the applicable authorities, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Michael Green
E2018-00350-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven W. Sword

The Defendant, Michael Green was convicted by a Knox County Criminal Court jury of two counts of aggravated kidnapping, a Class B felony, and two counts of attempted aggravated kidnapping, a Class C felony. T.C.A. §§ 39-12-101(a)(1)-(3) (2018) (criminal attempt); 39-13-304(a) (2018) (aggravated kidnapping). The trial court merged the convictions into a single aggravated kidnapping judgment and sentenced the Defendant, a Range II offender, to fifteen years to be served at 100%. On appeal, the Defendant contends that (1) the evidence is insufficient to support a conviction of aggravated kidnapping or attempted aggravated kidnapping, (2) the trial court erred in denying his motion to dismiss the case due to the lack of a preliminary hearing or for a delayed preliminary hearing, (3) the court erred in denying his motion to suppress his pretrial statement, and (4) the court erred in denying his request for a jury instruction pursuant to State v. White, 362 S.W.3d 559, 578 (Tenn. 2012). Upon review, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Cordarious Franklin
W2017-00680-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Lee V. Coffee

Defendant, Cordarious Franklin, was convicted of rape of a child, aggravated sexual battery, and child abuse. The trial court imposed consecutive sentences of forty years for rape of a child, twelve years for aggravated sexual battery, and eleven months, twentynine days for child abuse. On appeal, Defendant raises the following issues: (I) whether the trial court erred by admitting the victim’s forensic interview; (II) whether the evidence was sufficient to support Defendant’s convictions; (III) whether the trial court erred in denying Defendant’s request to review the victim’s medical records; (IV) whether the trial court erred by failing to give the jury a Ferguson instruction; (V) whether a juror’s questions amounted to extraneous prejudicial information; (VI) whether Defendant’s sentence was improper; and (VII) whether there was plain error due to an ex parte conversation between the State and the trial court and by the trial court’s exclusion of Defendant’s family from the courtroom during the victim’s testimony. After review, we conclude there is structural constitutional error by the trial court excluding the public from the courtroom and therefore reverse the judgments and remand for a new trial.

Shelby Court of Criminal Appeals

State of Tennessee v. Mario Walls
W2018-00527-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Chris Craft

A Shelby County Criminal Court Jury convicted the Appellant, Mario Walls, of attempted second degree murder, and the trial court imposed a sentence of thirty years in the Tennessee Department of Correction. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction, contending that the proof did not show he was aware his conduct was reasonably certain to result in the victim’s death. Upon review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Steven Douglas Fish v. State of Tennessee
E2018-01545-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David Reed Duggan

Petitioner, Steven Douglas Fish, appeals the habeas corpus court’s dismissal of his petition for habeas corpus relief. We conclude that Petitioner is not entitled to habeas corpus relief because Petitioner’s judgment is not void and that Petitioner is not entitled to post-conviction relief because his petition was filed outside of the statute of limitations period. Accordingly, we affirm the judgment of the habeas corpus court.

Blount Court of Criminal Appeals

State of Tennessee v. Daversea A. Fitts
M2018-00750-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Dee David Gay

A Sumner County jury convicted the Defendant, Daversea A. Fitts, of first degree premeditated murder, and the trial court imposed a sentence of life imprisonment. On appeal, the Defendant challenges the sufficiency of the evidence, asserting that the State failed to sufficiently corroborate accomplice testimony presented at trial. After review, we affirm the trial court’s judgment.

Sumner Court of Criminal Appeals

State of Tennessee v. Katelyn Bateman
M2018-01933-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Larry J. Wallace

The Defendant, Katelyn Bateman, appeals as of right from the Cheatham County Circuit Court’s order revoking her community corrections sentence and ordering the Defendant to serve the remainder of her sentence in confinement. The Defendant argues that the trial court abused its discretion in ordering the sentence served in confinement rather than permitting a furlough to the drug court program. Following our review, we affirm the order of the trial court.

Cheatham Court of Criminal Appeals

David G. Andrews v. Jonathan Lebo, Warden
W2018-01965-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Joe H. Walker, III

The Petitioner, David G. Andrews, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his 2017 conviction for robbery and his ten-year sentence. He contends that the judgment is void. We affirm the judgment of the habeas corpus court.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Derrick Williamson
W2018-01441-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Donald H. Allen

The defendant, Derrick Williamson, appeals the Madison County Circuit Court’s denial of alternative sentencing for his jury conviction of child abuse. Discerning no error, we affirm.

Madison Court of Criminal Appeals

State of Tennessee v. Damarcus C. Nelson
W2018-00951-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Lee Moore

The Defendant, Damarcus C. Nelson, appeals as of right from the Dyer County Circuit Court’s revocation of his probation and reinstatement of the remainder of his four-year sentence for solicitation of aggravated assault. On appeal, the Defendant asserts that the trial court abused its discretion because the State failed to establish by a preponderance of the evidence that he violated the law or participated in gang-related activity, and he maintains that the remaining “technical” violations did not warrant incarceration. Following our review, we affirm the judgment of the trial court.

Dyer Court of Criminal Appeals

State of Tennessee v. Early Reynolds
M2018-00988-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Stella L. Hargrove

A Maury County jury convicted the Defendant, Early Reynolds, of unlawful possession of a firearm after a prior felony conviction involving use, or attempted use, of force, violence, or a deadly weapon. The trial court sentenced the Defendant as a career offender to serve fifteen years in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to suppress statements made to the police after he invoked his right to remain silent; (2) the trial court improperly admitted a photograph of the Defendant holding a gun; and (3) the evidence is insufficient to support his conviction. After review, we affirm the trial court.

Maury Court of Criminal Appeals

Milburn Levon Edwards v. State of Tennessee
M2018-01300-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Angelita Blackshear Dalton

In this, his sixth petition for habeas corpus relief, the Petitioner, Milburn Levon Edwards, contends that his burglary, rape and assault convictions are illegal because his sentences were ordered to be served at forty percent instead of thirty-five percent. The trial court summarily dismissed his petition. On appeal, the Petitioner contends that the trial court erred when it denied his habeas corpus petition and then it erred when it denied his subsequently filed motion to correct clerical errors pursuant to Tennessee Rule of Criminal Procedure 36.1 because his judgments were not file-stamped. On appeal, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

Paul Brent Baxter v. State of Tennessee
M2018-00592-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

In 2014, the Petitioner, Paul Brent Baxter, was convicted of aggravated assault and aggravated kidnapping, and the trial court sentenced him to serve thirty-five years. The Defendant appealed his convictions to this court, and we affirmed the judgments. State v. Paul Brent Baxter, No. M2015-00939-CCA-R3-CD, 2016 WL 2928266 (Tenn. Crim. App., at Nashville, May 16, 2016), perm. app. denied (Tenn. Sept. 23, 2016). Subsequently, the Petitioner filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. After review, we affirm the post-conviction court’s judgment.

Bedford Court of Criminal Appeals

Clarence D. Schreane v. State of Tennessee
E2018-01658-CCA-R3-ECN
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The Petitioner, Clarence D. Schreane, appeals the Hamilton County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis from his first degree felony murder and especially aggravated robbery convictions, for which he received an effective sentence of life plus sixty years. We affirm the judgment of the coram nobis court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Mario Marquette McAdoo
M2018-01113-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark J. Fishburn

The Defendant, Mario Marquette McAdoo, appeals from the Davidson County Criminal Court’s revocation of his probation for his convictions for four counts of felony theft, misdemeanor assault, and misdemeanor resisting arrest and its order that he serve the remainder of his effective ten-year sentence in confinement. The Defendant contends that he received the ineffective assistance of counsel at the revocation hearing and that, as a result, he is entitled to a new revocation hearing. We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Jeffrey Mason v. State of Tennessee
W2018-01922-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Roy B. Morgan, Jr.

The petitioner, Jeffrey Mason, appeals the denial of his petition for post-conviction relief, which petition challenged his 2017
guilty-pleaded conviction of second degree murder, alleging that 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

John Willie Stone v. State of Tennessee
M2018-01214-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Franklin Lee Russell

The Petitioner, John Willie Stone, appeals from the Bedford County Circuit Court’s denial of his petition for post-conviction relief from his burglary of an automobile, misdemeanor theft, and aggravated assault convictions, for which he is serving a twenty-one-year sentence. The Petitioner contends that he received the ineffective assistance of trial and appellate counsel. We affirm the judgment of the post-conviction court.

Bedford Court of Criminal Appeals

David William Lowery v. State of Tennessee
E2018-02537-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Donald Ray Elledge

Petitioner, David William Lowery, appeals the denial of his petition for post-conviction relief from his convictions for three counts of aggravated child abuse. On appeal he contends that he received ineffective assistance of counsel. Petitioner also appeals the denial of his petition for writ of error coram nobis based upon newly discovered evidence. After thoroughly reviewing the record and applicable authorities, we affirm the post-conviction court’s judgment.

Anderson Court of Criminal Appeals

State of Tennessee v. Darryl Ray Wilson
E2018-01193-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Donald R. Elledge

The Defendant, Darryl Ray Wilson, appeals as of right from the Anderson County Circuit Court’s revocation of his probation. The Defendant contends that the trial court abused its discretion by relying on alleged violations that he was not provided notice of prior to the revocation hearing. Following our review, we affirm the judgments of the trial court.

Anderson Court of Criminal Appeals

State of Tennessee v. Matthew Howard Norris
M2018-01236-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge David A. Patterson

The Defendant, Matthew Howard Norris, pleaded guilty to two counts of theft of property valued at more than $2,500 and one count of burglary in exchange for an effective eight-year sentence. At a subsequent sentencing hearing, the trial court ordered that the eight-year sentence be served in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court erred when it denied his request for judicial diversion and for alternative sentencing. After review, we conclude that the trial court failed to consider the appropriate factors in determining the issue of judicial diversion; therefore, we reverse and remand for a new sentencing hearing.

Putnam Court of Criminal Appeals