COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Charles Hubert Russell
M2025-00261-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge William A. Lockhart

Defendant, Charles Hubert Russell, was indicted for unlawful possession of a firearm after having been convicted of a felony drug offense. Defendant filed a motion to dismiss the indictment on the grounds that the indicted charge violated the Second Amendment. After the trial court denied the motion, Defendant pled guilty to the indicted charge but reserved the right to appeal a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure pertaining to whether his conviction violated the Second Amendment right to bear arms. After reviewing the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the trial court.

JACQUIZ MCBEE v. STATE OF TENNESSEE
E2026-00385-CCA-T10B-CO
Dispositive Order
Authoring Judge: Judge Tom Greenholtz, Judge Robert H. Montgomery, Jr., Judge Jill Bartee Ayers
Trial Court Judge: Judge Emily F. Abbott

The Defendant, Jacquiz McBee, has filed a petition for recusal appeal seeking review of the Knox County Criminal Court’s January 28, 2026 order denying his motion to recuse. See Tenn. Sup. Ct. R. 10B § 2.02. Following our review of the Defendant’s petition, we have determined that a response from the State is not necessary and summarily deny relief. 

STATE OF TENNESSEE v. JENNIFER LEIGH SEXTON
E2024-01729-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge G. Scott Green

The Defendant, Jennifer Leigh Sexton, was convicted in the Knox County Criminal Court
of vehicular homicide by recklessness, a Class C felony; initiating a false report, a Class D
felony; driving on a suspended license, a Class B misdemeanor; and following too closely,
a Class C misdemeanor, and received an effective sentence of ten years in confinement.
On appeal, the Defendant claims that (1) the trial court abused its discretion by admitting
testimony from the State’s expert because the expert’s method of data collection was
unreliable, (2) the trial court erred by failing to provide the Defendant’s requested special
jury instructions, and (3) the evidence is insufficient to support the conviction of initiating
a false report. Based on our review, we affirm the judgments of the trial court.

State of Tennessee v. Christopher Lee Faulkner
W2025-02107-CCA-R9-CD
Dispositive Order
Authoring Judge: Judge John W. Campbell, Judge Camille R. McMullen, Judge Matthew J. Wilson
Trial Court Judge: Judge Clayburn Peeples

This matter is before the Court upon the application of the Defendant, Christopher Lee Faulkner, for an interlocutory appeal pursuant to Tennessee Rule of Appellate Procedure 9. The Defendant seeks to challenge the trial court’s order denying his motion to suppress evidence seized pursuant to a search warrant. The State has filed a response in opposition to the motion. Based on the following, we deny the Petitioner’s motion for an interlocutory appeal.

State of Tennessee v. Jonathan Abernathy
M2026-00332-CCA-R9-CO
Dispositive Order
Authoring Judge: Judge Timothy L. Easter; Presiding Judge Robert W. Wedemeyer; Judge Jill Bartee Ayers

This matter is before the Court upon application of the Defendant, Jonathan Abernathy, 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 motion to suppress evidence. Upon full consideration, the application is denied for the reasons stated below.

State of Tennessee v. Gerald Elijah Crossley
W2024-00280-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Defendant, Gerald Elijah Crossley, challenges his Madison County Circuit Court jury convictions of first degree murder, attempted first degree murder, aggravated assault, and employing a firearm during the commission of a dangerous felony, arguing that the trial court erred by admitting evidence of Defendant’s alleged gang affiliation and expert testimony about gang-related activities and that the evidence was insufficient to establish his identity as the perpetrator. Because we conclude that the trial court did not err in admitting the challenged evidence and that the evidence was sufficient to support Defendant’s convictions, we affirm the judgments of the trial court.

STATE OF TENNESSEE v. AMANDA JEAN PHILLIPS
E2025-00327-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Amanda Jean Phillips, was convicted by a Scott County jury of aggravated
assault with a deadly weapon, a Class C felony; two counts of especially aggravated
kidnapping, a Class A felony; two counts of aggravated child neglect of a child eight years
of age or less, a Class A felony; and carjacking, a Class B felony. The trial court sentenced
the Defendant to four years for the aggravated assault conviction, twenty years for each of
the especially aggravated kidnapping convictions, twenty years for each of the aggravated
child neglect convictions, and ten years for the carjacking conviction. Finding the
Defendant to be a dangerous offender, the trial court ordered partial consecutive sentences
for an effective total sentence of thirty years at 100% service in the Tennessee Department
of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in
support of her aggravated child neglect convictions and argues that the trial court erred by
not considering a mandatory mitigating factor in imposing her especially aggravated
kidnapping sentences and by classifying her as a dangerous offender under the consecutive
sentencing statute. We conclude that the evidence is sufficient to support the Defendant’s
convictions for aggravated child neglect and that the trial court did not err in its application
of enhancement and mitigating factors but failed to make adequate findings in support of
consecutive sentencing under the dangerous offender criterion of the consecutive
sentencing statute. However, upon de novo review, we conclude that the record supports
the imposition of consecutive sentences based on the Defendant’s having committed the
offenses while she was on probation. Accordingly, we affirm the Defendant’s convictions
and the sentences imposed by the trial court.

James Hawkins v. State of Tennessee
W2025-01934-CCA-T10B-CO
Dispositive Order
Authoring Judge: Presiding Judge Robert W. Wedemeyer, Judge Camille R. McMullen, Judge Matthew J. Wilson
Trial Court Judge: Judge Chris Craft

This matter is before the Court upon the Appellant’s petition for an accelerated interlocutory appeal pursuant to Tennessee Supreme Court Rule 10B, § 2. The Appellant asks this Court to review the post-conviction court’s November 14, 2025 order denying his motion to recuse Judge Chris Craft from his capital post-conviction proceeding. The State has filed a response in opposition to the petition. Having reviewed the petition, the supporting documents, and the State’s response, this Court has determined that additional briefing and oral argument are unnecessary. See Tenn. Sup. Ct. R. 10B, § 2.05, 2.06. For the reasons set forth below, the post-conviction court’s order is hereby AFFIRMED.

State of Tennessee v. Martha Jane Durocher
M2024-01290-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David L. Allen

Defendant, Martha Jane Durocher, was indicted by the Maury County Grand Jury for reckless endangerment with a weapon. Defendant was convicted as charged after a bench trial, and the trial court imposed a two-year sentence to be suspended on probation. Defendant appeals, arguing the evidence at trial was insufficient. Because the evidence does not establish that Defendant’s conduct placed any person or persons in imminent danger of serious bodily injury or death, we reverse and vacate her conviction for felony reckless endangerment with a weapon.

Shun M. Ramey v. State of Tennessee
M2025-01211-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Brody N. Kane

The Petitioner, Shun M. Ramey, acting pro se, appeals the Wilson County Criminal Court’s order summarily dismissing his petition for post-conviction relief as untimely. After review, we affirm.

STATE OF TENNESSEE v. JOHN WAYNE HAMBY
E2025-00376-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Gary McKenzie

The Defendant, John Wayne Hamby, was convicted by a Cumberland County jury of rape
of a child, for which he received a sentence of forty years’ incarceration at one hundred
percent service. On appeal, the Defendant claims that the evidence is insufficient to
support his conviction and that the trial court erred by imposing an excessive sentence.
Because we conclude that the Defendant’s notice of appeal was untimely filed and that the
interests of justice do not merit waiver of the untimeliness, we dismiss the appeal.

Thor Lucas Coleman v. State of Tennessee
M2025-01154-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Joseph A. Woodruff

Petitioner, Thor Lucas Coleman, appeals from the summary dismissal of his petition for post-conviction relief. He argues that the post-conviction court erred in dismissing his petition without a hearing or the appointment of counsel. Petitioner raises for the first time on appeal two claims of ineffective assistance of counsel.  Upon review, we affirm the judgment of the post-conviction court. 

State of Tennessee v. William Dangelo Penny
W2025-00169-CCA-R3-CD
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

In 2024, a Madison County jury convicted the Defendant, William Dangelo Penny, of felony evading arrest, misdemeanor evading arrest, leaving the scene of an accident, and driving while his license was suspended. The trial court sentenced him to nine years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. He also contends that his motion for a continuance of his trial should have been granted. The State notes that the appeal is untimely. After review, we dismiss the appeal.

Marterious O'Neal v. State of Tennessee
W2025-00175-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Petitioner, Marterious O’Neal, was originally convicted of two counts of felony murder, eight counts of attempted aggravated robbery, and one count of aggravated assault, for which he received an effective sentence of life imprisonment. He filed for post-conviction relief, alleging various grounds of ineffective assistance of trial and appellate counsel including (1) trial counsel’s failure to file a motion under Rule 608 of the Tennessee Rules of Evidence to impeach a witness for the State, (2) appellate counsel’s failure to include the transcript of the motion to suppress on direct appeal; and (3) appellate counsel’s failure to withdraw from representation in compliance with Rule 14 of the Tennessee Supreme Court thereby depriving the Petitioner of a timely application to appeal pursuant to Rule 11 of the Tennessee Supreme Court. Following a two-day evidentiary hearing, the post-conviction court granted a delayed appeal upon finding that appellate counsel had failed to withdraw in compliance with Rule 14, thereby depriving the Petitioner of the ability to file a timely Rule 11 appeal to the Tennessee Supreme Court. In the same order, the post-conviction court determined that whether trial counsel was ineffective in failing to file a Rule 608 motion had been previously determined by this court and that the Petitioner had failed to establish prejudice with respect to appellate counsel’s failure to include the motion to suppress transcript on direct appeal. In this appeal, the Petitioner contends, and we agree, that the post-conviction court erred in determining that the Rule 608 issue had been previously determined and in granting a delayed appeal to the Tennessee Supreme Court. With respect to the remaining issues, the Petitioner also contends that the post-conviction court erred in finding that he received the effective assistance of trial and appellate counsel. Although appellate counsel failed to withdraw in accordance with Rule 14, we conclude that appellate counsel filed a timely application for permission to appeal from the Petitioner’s convictions in this case. Accordingly, we reverse and vacate the order of the post-conviction court to the extent that it grants the Petitioner a delayed appeal. We also conclude that because the Petitioner’s Rule 608 claim challenges trial counsel’s failure to file the motion rather than the trial court’s denial of the same, this issue has not been previously determined by this court. Nevertheless, the Petitioner failed to establish that trial counsel’s decision in not filing a Rule 608 motion 03/25/2026 - 2 - prior to trial was ineffective. Finally, we conclude that trial counsel’s failure to include the transcript of the motion to suppress on direct appeal was deficient; however, the Petitioner failed to establish prejudice. Accordingly, we affirm the judgment of the post-conviction court.

State of Tennessee v. James Lee Dennis
W2025-00492-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Mark L. Hayes

The Defendant, James Lee Dennis, pled guilty to vehicular homicide by intoxication. After
a sentencing hearing, the trial court entered judgment ordering the Defendant to serve ten
years’ incarceration at one hundred percent service. The trial court also ordered the
Defendant to pay $113,700 in the form of child maintenance restitution pursuant to
Tennessee Code Annotated section 39-13-219. On appeal, the Defendant argues that the
trial court erred by ordering excessive restitution and by imposing a sentence above the
minimum required by law. Following our review, we affirm the trial court’s judgment.

STATE OF TENNESSEE v. JONATHAN MAINE LOWE
E2025-00140-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Zachary R. Walden

The Defendant, Jonathan Maine Lowe, appeals his convictions for five counts of
aggravated sexual battery, one count of rape of a child, one count of rape, two counts of
incest, and two counts of child abuse or neglect, for which he received an effective
eighty-year sentence in confinement. On appeal, he argues that the trial court erred by: (1)
denying his motion to suppress statements made at the Department of Children’s Services
(“DCS”) office because such statements were elicited pursuant to a custodial interrogation
prior to his being given Miranda warnings; (2) improperly commenting on the evidence by
incorporating the State’s bill of particulars into its jury instructions as part of the State’s
election of offenses; and (3) relative to his convictions for child abuse or neglect, providing
an incorrect statement of law by giving a jury instruction for “child neglect” rather than for
“child abuse.” Additionally, the Defendant contends that the evidence is insufficient to
support his convictions for child abuse, or in the alternative, child neglect. After review,
we affirm.

JACOB RAY LANE v. STATE OF TENNESSEE
E2025-00305-CCA-R3-PC
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Hector Sanchez

The Petitioner, Jacob Ray Lane, appeals from the Knox County Criminal Court's denial of
his petition for post-conviction relief, arguing that the post-conviction court erred in
concluding his guilty plea was not unlawfully induced. Discerning no error, we affirm the
post-conviction court’s judgment.

State of Tennessee v. Darrell Kindred Wakefield
W2025-00803-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge A. Blake Neill

Defendant, Darrell Kindred Wakefield, pled guilty to one count of sexual battery in exchange for a two-year sentence. He subsequently filed a motion to withdraw his guilty plea, pursuant to Tennessee Rule of Criminal Procedure 32(f)(2), asserting that his plea was not knowingly and voluntarily entered because he did not fully understand the consequences of being placed on the sex offender registry. The trial court denied the motion. On appeal, Defendant contends that the trial court erred in determining that he failed to establish a manifest injustice, warranting the withdrawal of the guilty plea. Upon review, we affirm.

State of Tennessee v. Richard Lawrence Canada
M2025-00397-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Chancellor Howard W. Wilson

Defendant, Richard Lawrence Canada, was convicted by a Rutherford County jury of eight counts of rape. The trial court sentenced Defendant to an effective eleven-year sentence to be served in confinement. Defendant appeals, arguing that the evidence is insufficient to support his convictions and that his sentence is excessive. Upon our review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Louis Thomas Smith
W2025-00546-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge A. Blake Neill

Defendant, Louis Thomas Smith, appeals the Lauderdale County Circuit Court’s revocation of his supervised probation and the imposition of his original, ten-year sentence. Defendant contends that the trial court abused its discretion by finding that he violated the terms of his probation by absconding and asks this court to reverse that finding and “remand the case back to the trial court as a technical violation.” Following a thorough review, we affirm the judgment of the trial court.

State of Tennessee v. Montrell Reid
W2025-00780-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Paula L. Skahan

Defendant, Montrell Reid, appeals from his guilty-pleaded convictions for harassment and stalking, both Class A misdemeanors. Under the plea agreement, Defendant agreed to serve eleven months and twenty-nine days for each count, with the sentences to be served consecutively and the manner of service to be determined by the trial court. At sentencing, the trial court denied Defendant’s request for probation and ordered that he serve his sentence in confinement. On appeal, Defendant contends that the trial court erred in denying his request for probation. Following our review, we affirm the trial court’s judgments as to the denial of probation, but we remand for a determination of the percentage of service pursuant to Tennessee Code Annotated section 40-35-302(d).

State of Tennessee v. Kortney Ball
M2026-00369-CCA-T10B-CO
Dispositive Order
Authoring Judge: Judge Timothy L. Easter; Presiding Judge Robert W. Wedemeyer; Judge Jill Bartee Ayers

This matter is before the Court upon petition of the Defendant, Kortney Ball, for an accelerated interlocutory appeal as of right pursuant to Supreme Court Rule 10B, Section 2. The Defendant seeks review of the trial judge’s order denying his pretrial motion to recuse. The Defendant waived his right to counsel and is proceeding on his own in the trial court. Upon review, and for the reasons stated below, the petition is denied.

State of Tennessee v. Justin Darnay Graves
W2024-01283-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, Justin Darnay Graves, appeals his convictions for the sale and delivery of heroin and the sale and delivery of methamphetamine in an amount of one-half gram or greater. On appeal, the Defendant argues that the State failed to establish that Madison County was the proper venue in which to prosecute him for these drug charges, contending the proof established that the transaction occurred entirely in Gibson County. After review, we affirm the Defendant’s convictions for the delivery counts. We reverse the Defendant’s convictions for the sale of heroin and methamphetamine and remand the case for further proceedings.

State of Tennessee v. Stephen David Sterling
M2025-00449-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Deana C. Hood

The Defendant, Stephen David Sterling, appeals from the trial court’s reinstatement of his original sentence in confinement following the revocation of his probation, arguing that the trial court abused its discretion in denying his request to enter an intensive residential drug and alcohol treatment program.  Based on our review, we affirm the judgment of the trial court. 

State of Tennessee v. Justin Darnay Graves -Concur in Part/Dissent in Part
W2024-01283-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

I agree with the majority opinion insofar as it reverses the Defendant’s convictions for the sale of heroin and methamphetamine. Because I disagree that Madison County had venue as to the charges pertaining to the Defendant’s delivery of those drugs, I respectfully dissent from the affirmance of those convictions.