COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Rocky M. White
W2016-00283-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

Pro se Petitioner, Rocky White, appeals from the Madison County Circuit Court‟s summary dismissal of his motion to correct an illegal sentence pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure. On appeal, the Petitioner argues that the trial court erred by summarily dismissing his motion. Because the sentences in this action have expired, we affirm the judgment of the trial court pursuant to Rule 20 of the Court of Criminal Appeals.

Madison Court of Criminal Appeals

Mahlon Johnson v. State of Tennessee
W2016-00665-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James C. Beasley, Jr.

The Petitioner, Mahlon Johnson, appeals the denial of post-conviction relief for his convictions for sexual battery and aggravated assault. On appeal, he argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Radames Antonio Rivera
M2016-00938-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jill Bartee Ayers

The defendant, Radames Antonio Rivera, was indicted for one count of first degree murder, one count of attempted tampering with evidence, and one count of unlawful possession of a weapon.  Following trial, the jury found the defendant guilty of one count of second degree murder.  The trial court sentenced the defendant to fifteen years of incarceration.  On appeal, the defendant argues the evidence was insufficient to support his conviction.  After our review, we affirm the judgments of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Stephanie Lynn Ferguson
M2016-01123-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Monte Watkins

The Defendant, Stephanie Lynn Ferguson, pleaded guilty to two counts of aggravated vehicular homicide and one count of vehicular assault in the Criminal Court for Davidson County.  Following a sentencing hearing, the trial court imposed an effective sentence of twenty-six years in the Department of Correction.  On appeal, the Defendant contends that her effective sentence does not comport with the fundamental purposes and principles of sentencing.  Specifically, she contends that the sentence imposed was not the “least severe measure necessary,” that the trial court ignored applicable mitigating factors, and that the court improperly determined she was a dangerous offender.  Upon review, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

Terrell Loverson v. State of Tennessee
W2015-01381-CCA-R3-PC
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge James C. Beasley, Jr.

The petitioner, Terrell Loverson, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred by concluding that appellate counsel rendered effective assistance. According to the petitioner, appellate counsel should have raised, as an issue on appeal, the trial court's denial of his request for a self-defense jury instruction. Following our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. William M. Cole
W2015-01764-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Clayburn L. Peeples

The defendant, William M. Cole, was indicted for rape of a child and entered a best-interest guilty plea to incest on May 6, 2015. He was sentenced on September 8, 2015, to six years as a Range I, standard offender. On September 14, 2015, he filed a timely notice of appeal of his sentence. On September 28, 2015, he filed in the trial court a motion to withdraw his plea of guilty, arguing that he was not related to the victim by blood or marriage and, therefore, could not be found guilty of incest. In this direct appeal filed after his plea of guilty and sentencing, but before he sought to withdraw his guilty plea, he argues that his plea of guilty was involuntary and should be set aside and that the trial court failed to consider all relevant factors in sentencing him. The State responds that the defendant may attack the voluntariness of his plea only in a petition for post-conviction relief and not in a direct appeal. We agree with this response, as well as the State’s assertion that the defendant was properly sentenced. Accordingly, we affirm the judgment of the trial court.

Gibson Court of Criminal Appeals

State of Tennessee v. Jonathan Wayne Utz
M2016-01244-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Jonathan Wayne Utz, pled guilty to one count of aggravated sexual battery, a Class B felony.  SeeTenn. Code Ann. § 39-13-504.  The trial court sentenced the Defendant as a Range I, standard offender to a term of imprisonment of nine years and six months to be served at one hundred percent.  In this appeal as of right, the Defendant contends that “the sentence in this case is excessive and contrary to the law.”  Discerning no error, we affirm the judgment of the trial court.

Moore Court of Criminal Appeals

Christopher Earl Watts v. State of Tennessee
M2016-00303-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Christopher Earl Watts, appeals the denial of post-conviction relief from his convictions for aggravated child abuse and aggravated child neglect, for which he received an effective sentence of seventy-five years.  On appeal, the petitioner argues trial counsel provided ineffective counsel by failing to fully explain the nature and consequences of waiving his right to testify, failing to call certain witnesses, and failing to file a motion in limine to exclude evidence regarding living in the “projects” and “on the streets.”  Due to the cumulative effect of this allegedly ineffective representation, the petitioner requests a new trial.  Following our review, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Luis Napoleon Paz v. State of Tennessee
M2016-00069-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Luis Napoleon Paz, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received effective assistance of counsel. Following our review, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

State of Tennessee v. Teddy Reece Ragan
M2015-02316-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Monte D. Watkins

A Davidson County jury convicted the Defendant, Teddy Reece Ragan, of sexual exploitation of a minor, and the trial court sentenced him to a ten-year sentence to be served at 100% in the Tennessee Department of Correction.  On appeal, the Defendant contends that the evidence is insufficient to support his conviction, that the trial court improperly admitted the Defendant’s prior conviction for violation of the sex offender registry, and that the trial court erred by failing to charge the jury with attempted sexual exploitation of a minor.  After a thorough review of the record and the applicable law, we affirm the trial court’s judgment.

Davidson Court of Criminal Appeals

Gale Marleen Krizka v. State of Tennessee
E2015-02243-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Eugene Eblen

Petitioner, Gale Marleen Krizka, appeals from the denial of her petition for post-conviction relief, in which she alleged that her counsel was ineffective for failing to obtain an expert witness, failing to call witnesses, and failing to give an opening statement. Following our review, we affirm the judgment of the post-conviction court.

Morgan Court of Criminal Appeals

E. Louis Thomas v. Grady Perry, Warden
W2016-01514-CCA-R3-HC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Joe H. Walker, III

The Petitioner, E. Louis Thomas, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus from his 2008 conviction for first degree premeditated murder and his life sentence. He contends that (1) he received the ineffective assistance of counsel, (2) the trial court violated his right to a fair trial by admitting the Petitioner’s confession, and (3) the habeas corpus court violated his due process rights by summarily dismissing his petition. We affirm the judgment of the habeas corpus court.

Hardeman Court of Criminal Appeals

State of Tennessee v. David Richardson
W2016-00174-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Lee V. Coffee

The defendant, David Richardson, appeals the trial court’s imposition of consecutive sentences upon remand for a new sentencing hearing. After review, we affirm the sentencing decision of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Robin Bass
W2015-02484-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge W. Mark Ward

The Defendant, Robin Bass, was convicted of first degree murder in the perpetration of or attempt to perpetrate a robbery. See Tenn. Code Ann. § 39-13-202(a)(2). In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction, arguing that there was no proof that he intended to rob the victim or that the murder occurred during the perpetration of or attempt to perpetrate a robbery. Additionally, the Defendant argues that the extrajudicial confessions used to convict him were uncorroborated. Following our review, the judgment is affirmed.

Shelby Court of Criminal Appeals

State of Tennessee v. Lisa Estelle Elliott
E2015-02263-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge E. Shayne Sexton

A Campbell County Grand Jury indicted the defendant, Lisa Estelle Elliott, on one count of second degree murder as the result of the shooting and death of her fiancé. Following trial, a jury convicted the defendant of the lesser-included offense of voluntary manslaughter, for which she received a four-year sentence to be served in confinement. On appeal, the defendant argues the trial court erred when denying her motion for mistrial due to a prejudicial narrative objection made by the State. The defendant further contends that due to her lack of a criminal history, strong educational background, and continuous work history, the trial court erred in denying her request for an alternative sentence. Based on our review of the record, submissions of the parties, and pertinent authorities, we disagree and affirm the judgment of the trial court.
 

Campbell Court of Criminal Appeals

Bruce D. Mendenhall v. State of Tennessee
M2015-02091-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The petitioner, Bruce D. Mendenhall, was convicted in 2007 of first degree premeditated murder and sentenced to life imprisonment.  His conviction was affirmed on direct appeal, and his application for permission to appeal was denied.  Subsequently, he filed a petition for habeas corpus relief, which the court treated as a petition for post-conviction relief, alleging that trial counsel had been ineffective.  Following an evidentiary hearing, the post-conviction court concluded that the petitioner’s claims were without merit.  The record on appeal supports this determination.  Accordingly, the order of the post-conviction court denying relief is affirmed.

Davidson Court of Criminal Appeals

Janette Ebony Robinson v. State of Tennessee
M2016-00058-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The petitioner, Janette Ebony Robinson, appeals the denial of her petition for post-conviction relief, arguing that she received ineffective assistance of counsel and that her guilty pleas were unknowing and involuntary.  Following our review, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

State of Tennessee v. Christopher Hatcher
W2016-01389-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Glenn Ivy Wright

The Defendant, Christopher Hatcher, appeals from the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. The State has filed a motion requesting that this court affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we grant the State’s motion and affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Steven Jeffrey Pike
E2015-02357-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Bob R. McGee

The Defendant, Steven Jeffrey Pike, was convicted by a Knox County Criminal Court jury of first degree premeditated murder. See T.C.A. § 39-13-202(a)(1) (2014). He received a life sentence. On appeal, he contends that (1) the evidence is insufficient to support his conviction and (2) the trial court erred by admitting his statements to the police. We affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Tedrik Woods
W2016-01360-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge W. Mark Ward

The Petitioner, Tedrik Woods, appeals the Shelby County Criminal Court’s summary denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Because the Petitioner’s three-year sentence for employment of a firearm during the commission of a dangerous felony is illegal, we reverse the judgment of the trial court and remand the case to the trial court for proceedings consistent with Rule 36.1 and this opinion.

Shelby Court of Criminal Appeals

State of Tennessee v. Montez Deontay Ridley
M2016-01607-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Criminal Court Jury found the Appellant, Montez Deontay Ridley, guilty of aggravated robbery, a Class B felony.  The trial court imposed a sentence of nine years.  On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction.  Specifically, the Appellant contends that he was not at the scene of the crime, that no forensic evidence placed him at the scene, and that it was illogical that anyone would perpetrate the crime in such close proximity to the police.  The Appellant also contends that the victims were unable to identify him from a photographic lineup.  Finally, the Appellant contends that his confession was the result of lies told by the police.  Upon review, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

Rickey Allen Hickman v. State of Tennessee
M2016-00489-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge F. Lee Russell

 Marshall County jury convicted the Petitioner, Rickey Allen Hickman, of one count of rape of a child and three counts of aggravated sexual battery.  The trial court sentenced the Petitioner to a total effective sentence of forty-seven years of incarceration.  On appeal, this Court affirmed the Petitioner’s convictions.  State v. Rickey Allan Hickman, No M2013-02390-CCA-R3-CD, 2014 WL 4557626 (Tenn. Crim. App., at Nashville, Sept. 16, 2014), perm. app. denied (Tenn. Jan. 16, 2015).  The Petitioner filed a petition for post-conviction relief alleging that his trial counsel had been ineffective.  The post-conviction court held a hearing after which it denied the petition.  On appeal, the Petitioner maintains that his trial counsel was ineffective for failing to present a defense asserting that the victim was raped by a person other than the Petitioner.  After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment.

Marshall Court of Criminal Appeals

State of Tennessee v. George Washington Matthews
W2015-02500-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge R. Lee Moore, Jr.

The defendant, George Washington Matthews, was indicted for one count of possession of over one-half ounce of marijuana with intent to sell or deliver and two counts of attempting to introduce contraband into a penal facility. After trial, a jury found the defendant guilty on all counts. The defendant received a total effective sentence of twelve years. On appeal, the defendant argues the evidence was insufficient to support his convictions; the trial court erred when it allowed testimony regarding the defendant's recent incarceration; and his indictment was defective. After review, we affirm the judgments of the trial court.

Lake Court of Criminal Appeals

Eric Dates v. State of Tennessee
W2015-02230-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee V. Coffee

The Petitioner, Eric Dates, appeals the Shelby County Criminal Court's summary dismissal of his petition for post-conviction relief. The Petitioner argues, and the State concedes, that the post-conviction court erred in dismissing his petition for lack of jurisdiction because his probation had expired. Upon our review, we reverse the judgment of the post-conviction court and remand this matter for an evidentiary hearing on the merits of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. Andrew Curtis Beard
W2016-00223-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Clayburn Peeples

A Gibson County Circuit Court Jury convicted the Appellant, Andrew Curtis Beard, of selling less than one-half gram of cocaine, a Class C felony, and he was sentenced as a Range II, multiple offender to eight years in confinement. On appeal, the Appellant contends that the evidence is insufficient to support the conviction. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

Gibson Court of Criminal Appeals