COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Decornick Moore
W2015-00169-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Clayburn L. Peeples

The Defendant, Decornick Moore, pleaded guilty to attempt to commit second degree murder and received a ten-year sentence. More than ten years later, the Defendant filed a motion pursuant to Tennessee Criminal Procedure Rule 36.1 requesting that the trial court correct an illegal sentence because his sentence should have been served consecutively to a previously imposed sentence. The trial court summarily dismissed the motion for failure to state a colorable claim. On appeal, he contends that the trial court erred in dismissing his motion. We affirm the judgment of the trial court.

Haywood Court of Criminal Appeals

State of Tennessee v. Verchaunt Joshua Williams
M2014-02049-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Michael R. Jones

The defendant, Verchant Joshua Williams, was convicted of one count of first degree (premeditated) murder, one count of tampering with evidence, a Class C felony, and one count of abuse of a corpse, a Class E felony.  On appeal, he challenges the sufficiency of the evidence of his convictions for tampering with evidence and abuse of a corpse, arguing that the two convictions should merge.  Following our review of the briefs, the record, and the applicable law, we affirm the judgments of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Varquez K. Sails
M2014-01343-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark J. Fishburn

The Defendant, Varquez K. Sails, was convicted by a Davidson County Criminal Court jury of second degree murder, first degree felony murder, and employing a firearm during the commission of or attempt to commit a dangerous felony.  The trial court merged the homicide convictions, dismissed the count pertaining to the weapons offense, and imposed a life sentence.  See T.C.A. § 39-13-202(a)(2) (first degree felony murder) (2014).  On appeal, the Defendant contends that (1) the trial court erred in denying his motion to suppress an identification of him from a photograph lineup, (2) the evidence is insufficient to support the conviction, (3) the trial court erred in excluding evidence that an eyewitness to the crime misidentified defense counsel as the defense investigator on a separate occasion, (4) the trial court erred in prohibiting cross-examination regarding a witness’s gang affiliation, (5) the trial court erred in excluding testimony regarding the software used to generate the photograph lineup, (6) the trial court erred in excluding an expert witness’s opinion testimony regarding whether the photograph lineup was impermissibly suggestive, (7) the trial court erred in failing to grant a mistrial when a witness testified that the Defendant had been incarcerated previously, (8) the State engaged in prosecutorial misconduct during closing argument, and (9) the State violated Brady v. Maryland, 373 U.S. 83 (1963).  We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. John Henry Pruitt
M2013-02393-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Timothy L. Easter

A Hickman County jury found the Defendant, John Henry Pruitt, guilty of two counts of first
degree murder, one count of attempted first degree murder, and three counts of aggravated assault. Thereafter, the jury sentenced the Defendant to life imprisonment without the possibility of parole for both the first degree murder convictions. The trial court imposed a consecutive sentence of twenty-five years for his attempted first degree murder conviction and concurrent six-year sentences for each of the three aggravated assault convictions. On appeal, the Defendant contends that the trial court erred when it denied his motion to suppress the evidence obtained during the execution of a search warrant. The Defendant also contends that the evidence is insufficient to sustain his convictions for first degree murder and attempted first degree murder, and that the evidence is insufficient to sustain his sentence of life without the possibility of parole. After a thorough review of the record and relevant law, we affirm the judgments of the trial court.

Hickman Court of Criminal Appeals

State of Tennessee v. Robert Townsend
W2014-00992-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James C. Beasley, Jr.

A Shelby County jury found the Defendant, Robert Townsend, guilty of first degree premeditated murder. On appeal, the Defendant challenges the sufficiency of the evidence against him. After a thorough review of the record and the applicable law, we affirm the trial court‟s judgment.

Shelby Court of Criminal Appeals

State of Tennessee v. Fredrick Sledge
W2014-02305-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

A Shelby County jury convicted the Defendant, Fredrick Sledge, of first degree felony murder and especially aggravated robbery, and it imposed a sentence of death for the first degree felony murder conviction. The trial court imposed a consecutive twenty-year sentence for the especially aggravated robbery conviction. The Defendant appealed his convictions and sentences, and we affirmed his conviction and sentence for the especially aggravated robbery conviction. We also affirmed his conviction for first degree felony murder but concluded that errors during the sentencing phase required reversal of the death sentence. We remanded the case to the trial court for resentencing for the first degree felony murder conviction. See State v. Fredrick Sledge, No. 02C01-9405-CR-00089, 1997 WL 730245, at  (Tenn. Crim. App., at Jackson, Nov. 25, 1997). On remand, the Defendant was sentenced to life for the first degree murder conviction to be served consecutively to his twenty-year sentence for the especially aggravated robbery conviction. State v. Fredrick Sledge, No. W2001-02402-CCA-R3-CD, 2003 WL 57313, at  (Tenn. Crim. App., at Jackson, Jan. 6, 2003). The Defendant’s sentence was affirmed by this court. Id. In 2014, the Defendant filed a motion pursuant to Tennessee Rule of Appellate Procedure 36.1 seeking to correct an illegal sentence. The trial court summarily denied the Defendant’s motion. On appeal, the Defendant contends that the trial court erred when it denied his motion. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgment.

Shelby Court of Criminal Appeals

State of Tennessee v. Allen Anthony Hammett
E2014-01947-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Rex Henry Ogle

The Defendant, Allen Anthony Hammett, entered best interest guilty pleas in case number 18648 to aggravated sexual battery, a Class B felony, and in case number 18930 to violating the sex offender registry, a Class E felony. See T.C.A. §§ 39-13-504 (2014), 40-39-208 (2014). The trial court sentenced the Defendant as a Range I, standard offender to concurrent terms of ten years for the aggravated sexual battery conviction and two years for the registry violation. Following the guilty plea hearing, the Defendant sought to withdraw his pleas alleging that they were involuntarily and unknowingly entered and that he received the ineffective assistance of counsel. The trial court denied relief. On appeal, the Defendant contends that the trial court erred by denying his motion to withdraw his best interest guilty pleas. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. John A. Snider
W2014-01848-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Donald H. Allen

The Defendant, John A. Snider, pleaded guilty in the Circuit Court for Madison County to three counts of possession of a controlled substance with the intent to sell, simple possession of a controlled substance, possession of synthetic cannabinoid, and possession of drug paraphernalia. See T.C.A. §§ 39-17-417 (Supp. 2012) (amended 2014) (possession of psilocybin, marijuana, diazepam, alprazolam with intent to sell), 39-17-418 (2010) (amended 2014) (simple possession of oxycodone), 39-17-425 (2014) (possession of drug paraphernalia), 39-17-438 (Supp. 2012) (amended 2013, 2014, 2015) (possession of synthetic cannabinoids). The trial court sentenced the Defendant to an effective ten years, ordered him to serve eleven months, twenty-nine days in confinement, and ordered him to serve the remainder on community corrections. On appeal, the Defendant presents a certified question of law regarding the legality of the warrantless entry into the Defendant’s home and the seizure of the Defendant from his doorway. We dismiss the appeal because the certified question is not dispositive of the case.

Madison Court of Criminal Appeals

Shon Quintel Blanks v. State of Tennessee
E2014-01342-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Amy A. Reedy

The petitioner, Shon Quintel Blanks, filed a petition for post-conviction relief from his convictions of possession of cocaine with the intent to sell, a Class B felony, and possession of marijuana with the intent to sell, a Class E felony, and the accompanying ten-year sentence. The petitioner alleged that his counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Bradley Court of Criminal Appeals

State of Tennessee v. Antoneo Williams
E2014-01076-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Bob R. McGee

A Knox County Criminal Court Jury convicted the appellant, Antoneo Williams, of attempted second degree murder, two counts of aggravated assault, employing a firearm during the commission of a dangerous felony, and reckless endangerment. The jury also found him to be a criminal gang member who committed criminal gang offenses, resulting in enhanced punishment for his attempted murder and aggravated assault convictions, and the trial court sentenced him to an effective sentence of fifty-three years in confinement. On appeal, the appellant contends that the evidence is insufficient to support his convictions; that the trial court erred by denying his motion to suppress his audio-recorded conversation with a fellow jail inmate, who was acting as a government agent; and that the trial court erred by using his juvenile criminal history to enhance his offender classification. Based upon the oral arguments, the record, and the parties' briefs, we affirm the judgments of the trial court.

Bradley Court of Criminal Appeals

State of Tennessee v. Marcus Deon Jarnigan
E2015-00061-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge G. Scott Green

Appellant, Marcus Deon Jarnigan, challenged his guilty-pleaded convictions for robbery, simple possession of a controlled substance, and being a felon in possession of a handgun by filing a motion in the trial court seeking to correct his allegedly illegal sentences. The trial court summarily denied the motion, concluding that the judgments were facially valid. On appeal, he raises for the first time the applicability of Tennessee Rule of Criminal Procedure 36.1 as a basis for relief. Following our review, we discern that appellant has failed to state a colorable claim for relief and affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Roger James Lee Arnold
E2014-01165-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Robert H. Montgomery, Jr.

A Sullivan County Criminal Court Jury found the appellant, Roger James Lee Arnold, guilty of burglary of an automobile; theft of property valued over $1,000; and vandalism of property valued over $1,000. The trial court imposed a total effective sentence of eighteen years. On appeal, the appellant contends that the indictment failed to provide sufficient notice that the State was proceeding under a theory of criminal responsibility and challenges the sufficiency of the evidence supporting his convictions. Upon review, we affirm the judgments of the trial court.

Sullivan Court of Criminal Appeals

Maurice Johnson v. State of Tennessee
W2014-01982-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Chris Craft

Petitioner, Maurice Johnson, was convicted by a jury of three counts of rape. The trial court merged Counts 2 and 3 into Count 1 and sentenced petitioner to serve twenty years at 100% release eligibility. Petitioner timely filed a petition for post-conviction relief, which was denied by the post-conviction court after an evidentiary hearing. He now appeals the denial of relief, alleging that the trial court erred in instructing the jury as to the culpable mental state for rape and that trial counsel rendered ineffective assistance by failing to object to the same. Following our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. James Eggleston
W2014-02103-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Chris Craft

Defendant, James Eggleston, appeals his conviction for aggravated robbery and sentence of eighteen years and six months in incarceration. On appeal, he insists that the evidence was not sufficient to support the conviction and that his sentence is excessive, especially in light of his reported mental illness. After a review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Steven Troy Wilburn
E2014-01866-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Richard R. Vance

Defendant, Steven Roy Wilburn, appeals his conviction for DUI, pursuant to a certified question of law, arguing that the trial court erred in denying his motion to suppress because the arresting officer was not authorized to arrest Defendant outside of his municipal jurisdiction. Because the arresting officer was authorized to stop and arrest Defendant under Tennessee’s arrest by a private person statute, the decision of the trial court is affirmed.

Sevier Court of Criminal Appeals

State of Tennessee v. Justin Hadley
W2014-00985-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Chris Craft

A Shelby County Criminal Court Jury convicted the appellant, Justin Hadley, of theft of property valued $1,000 or more but less than $10,000, a Class D felony, and the trial court sentenced him as a Range III, career offender to twelve years. On appeal, the appellant contends that the evidence is insufficient to support the conviction, that the trial court erred by allowing the State to introduce inadmissible propensity evidence, and that the State failed to give proper notice of its intent to seek enhanced punishment. Based upon the record and the parties' briefs, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Brice C. Whaley, Jr. v. State of Tennessee
E2014-01636-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge John F. Dugger, Jr.

The petitioner, Brice C. Whaley, Jr., appeals the denial of his petition for post-conviction relief from his best interest guilty plea convictions for criminal responsibility for especially aggravated kidnapping and abuse of a corpse. He argues that he received ineffective assistance of counsel. Following our review, we affirm the denial of the petition.

Hamblen Court of Criminal Appeals

Joshua D. Kruse v. State of Tennessee
E2014-01141-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Tammy M. Harrington

The petitioners, Joshua David Kruse and Donald Wayne Bowman, appeal the denial of their petitions for the writ of habeas corpus. They argue that the habeas corpus court erred in dismissing their petitions because their sentences of confinement have expired. After thoroughly reviewing the briefs of the parties, the record, and the applicable law, we conclude that the petitioners' sentences have not expired, and we affirm the judgment of the habeas corpus court.

Blount Court of Criminal Appeals

State of Tennessee v. Charlotte Renee Stanford
M2014-01886-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Robert L. Jones

The defendant, Charlotte Renee Stanford, was convicted by a Giles County Circuit Court jury of theft of property in an amount of $10,000 or more, a Class C felony; filing a false report, a Class C felony; and conspiracy to commit theft in an amount of $10,000 or more, a Class D felony.  The trial court imposed an effective sentence of five years, with one year served in incarceration and four years on supervised probation.  On appeal, the defendant challenges the sufficiency of the convicting evidence.  After review, we affirm the judgments of the trial court.

Giles Court of Criminal Appeals

Anthony Williams v. State of Tennessee
W2014-02313-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge J. Robert Carter, Jr.

Petitioner, Anthony Williams, was convicted of first degree murder and especially aggravated robbery and sentenced to an effective sentence of life in prison. State v. Anthony Williams, No. W2012-00014-CCA-R3-CD, 2012 WL 5355706, at *4 (Tenn. Crim. App. Oct. 31, 2012). Petitioner now alleges that his trial counsel was ineffective for: (1) failing to test the victim's jacket for soot and gunpowder; (2) failing to inquire into a deal that was struck between the State and a witness; (3) failing to object to the trial court's giving a jury instruction on flight; (4) failing to show petitioner a video recording prior to trial; and (5) failing to impeach a witness. Following our review of the parties' briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Jamie Grimes v. State of Tennessee
M2014-01533-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Monte D. Watkins

The Petitioner, Jamie Grimes, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2009 convictions for possession of more than 300 grams of cocaine with the intent to sell, possession of marijuana, and possession of drug paraphernalia and his effective thirty-year sentence.  He contends that his constitutional rights to due process and the effective assistanceof counsel were violated.  We affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Ruslan Edward Woodbridge v. State of Tennessee
M2014-02033-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge John H. Gasaway, III

The Petitioner, Ruslan Edward Woodbridge, appeals the denial of his petition for post-conviction relief for his conviction for rape of a child.  The Petitioner previously entered a guilty plea to rape of a child, a Class A felony, and received a sentence of 25 years’ confinement.  On appeal, he argues that he received ineffective assistance of counsel in relation to his guilty plea and that his plea was unknowing and involuntary.  Upon our review, we affirm the judgment of the post-conviction court.

Montgomery Court of Criminal Appeals

James Dellinger v.State of Tennessee
E2013-02094-CCA-R3-ECN
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge David Reed Duggan

The Petitioner, James Dellinger, appeals from the trial court‘s denial of his petition for a writ of error coram nobis, his petition for a writ of audita querela, his motion for a declaratory judgment, his claims pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), and his claims under the due process, law of the land, and open courts provisions of the United States and Tennessee Constitutions. The Petitioner seeks relief from his conviction for first degree murder and his resulting death sentence, claiming that he is ineligible for the death penalty because he is intellectually disabled and that his conviction violates principles of double jeopardy. We affirm the judgment of the trial court.

Blount Court of Criminal Appeals

Christopher Lance Osteen v. State of Tennessee
W2014-01258-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Donald H. Allen

The Petitioner, Christopher Lance Osteen, appeals the Madison County Circuit Court‟s dismissal of his pro se petition for post-conviction relief. On appeal, the Petitioner contends that the post-conviction court erred by summarily dismissing the petition for failing to state a colorable claim without first appointing counsel to “perfect” the petition. Based upon the record and the parties' briefs, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

Darell Ayers v. State of Tennessee
W2014-01963-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

In 2013, the Petitioner, Darell Ayers, pleaded guilty to vehicle burglary, theft of property under $500, identity theft, and shoplifting. The Petitioner was sentenced to four years on community corrections. Subsequently, the trial court issued a warrant alleging that the Petitioner violated his community corrections sentence by being arrested for aggravated robbery and for failing to report this arrest to his community corrections officer. After a hearing, the trial court revoked the Defendant's community corrections sentence. In 2014, the Petitioner was acquitted of the aggravated burglary charge. The Petitioner then filed a petition for a writ of error coram nobis, claiming that, had the evidence presented at the 2014 trial been made available to him at the revocation hearing, a different judgment would have been reached. After a hearing, the coram nobis court found that error coram nobis relief was not available to challenge the revocation of probation pursuant to Frederick Parks v. State, No. W2013-01601-CCA-R3-ECN, 2014 WL 1767107 (Tenn. Crim. App., at Jackson, April 30, 2014). On appeal, the Petitioner asserts that the coram nobis court erred when it dismissed his petition. After a thorough review of the record and applicable law, we affirm the coram nobis court's judgment.

Madison Court of Criminal Appeals