COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Dale Anthony Wilbourn
W2022-01199-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

The Defendant, Dale Anthony Wilbourn, was convicted of the offenses of evading arrest
and making an improper turn. The trial court sentenced the Defendant to a total effective
term of six years to be served in custody. On appeal, the Defendant argues that the evidence
is insufficient to support his conviction for evading arrest and that the trial court erred in
not imposing an alternative sentence to incarceration.1 On our review, we respectfully
disagree with the Defendant and affirm the judgments of the trial court.

State of Tennessee v. Courdarrius Perkins
W2022-01111-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Paula L. Skahan

A Shelby County jury convicted Defendant, Courdarrius Perkins, of first-degree felony
murder and aggravated robbery. The trial court sentenced Defendant to a concurrent
sentence of life imprisonment for felony murder and five years for aggravated robbery. On
appeal, Defendant contends the trial court erroneously instructed the jury on the underlying
felony on the felony murder charge and compounded the error by failing to require the
State to elect the facts for the underlying felony. He also contends the trial court erred in
denying his motion for judgment of acquittal on the felony murder charge because the
evidence is insufficient. After reviewing the record, the briefs and oral arguments of the
parties, and considering the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Gregory Lavelle Lilly
M2022-00958-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Dee David Gay

The Appellant, Gregory Lavelle Lilly, appeals the trial court’s order denying his motion for a reduction of sentence. Tenn. R. Crim. P. 35. Upon review of the motion filed by appointed counsel, and in light of the record on appeal, the Court hereby affirms the order of the trial court.

Ladon Antoine Doak v. State of Tennessee
M2022-00727-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steve R. Dozier

Petitioner, Ladon Antoine Doak, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Michael E. Odom
M2022-00756-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Suzanne Lockert-Mash

Defendant, Michael E. Odom, was convicted by a Houston County jury of assault and elder abuse. The trial court imposed a two-year sentence, suspended to supervised probation after sixty days of incarceration. Defendant appeals the trial court’s order denying his motion for a new trial. On appeal, Defendant argues that the jury instruction on elder abuse was incomplete and that the trial court improperly commented on matters of fact during trial testimony. Following our review of the entire record, the briefs of the parties, and oral argument, we affirm the judgments of the trial court.

State of Tennessee v. Deshawn Eugene Williams
M2022-01123-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Deshawn Eugene Williams, appeals from the Davidson County Criminal Court’s revoking his probation and ordering him to serve his previously ordered probationary sentence of ten years in confinement. On appeal, Defendant argues the trial court abused its discretion by failing to give him credit for time successfully served while on probation. After review, we affirm the judgment of the trial court.

State of Tennessee v. Charles Anderson Clark, Jr.
W2022-01372-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Senior Judge Roy B. Morgan, Jr.

The pro se Petitioner, Charles Anderson Clark, Jr., appeals the denial of his motion to
correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Based
on our review, we affirm the judgment of the trial court.

State of Tennessee v. Kyanedre Oshea-Malik Benson
W2022-00703-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Clayburn Peeples

The Defendant, Kyanedre Oshea-Malik Benson, was convicted in the Haywood County Circuit Court of one count of employing a firearm during the attempt to commit voluntary manslaughter, a Class C felony; one count of possession of a firearm by a convicted felon, a Class C felony; one count of attempted voluntary manslaughter, a Class D felony; ten counts of reckless aggravated assault, a Class D felony; and one count of reckless endangerment with a deadly weapon, a Class E felony.  After a sentencing hearing, he received an effective sentence of sixty-two years in confinement.  On appeal, the Defendant claims that the evidence is insufficient to support his convictions of attempted voluntary manslaughter and employing a firearm during the attempt to commit voluntary manslaughter and that the trial court erred by refusing to merge one of his convictions of reckless aggravated assault into his conviction of attempted voluntary manslaughter.  Upon review, we affirm the judgments of the trial court.

Jerry W. Phillips v. Martin Frink, Warden
M2022-01268-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Michael Wayne Collins

Jerry W. Phillips, Petitioner, appeals from the summary dismissal of his habeas corpus petition in which he claimed his convictions were void because there was a fatal variance between the proof at trial and the indictment and that the proof at trial, which differed from the proof at the preliminary hearing, constructively amended the indictment. After a thorough review of the record and the applicable law, we affirm the judgment of the habeas court.

State of Tennessee v. Darius Henderson
W2022-00882-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

In this appeal from a resentencing hearing, the Defendant, Darius Henderson, challenges
his total effective sentence of twelve years following his convictions for theft of property
and evading arrest. The Defendant argues that the trial court erred by not applying two
mitigating circumstances and by aligning the sentences to run consecutively. We
respectfully disagree and affirm the trial court’s judgments.

Michael Bailey v. State of Tennessee
W2022-01405-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lee V. Coffee

Petitioner, Michael Bailey, appeals from the Shelby County Criminal Court’s summary
dismissal of his petition for writ of habeas corpus. Discerning no error, we affirm the
judgment of the habeas corpus court.

Martiness Henderson v. State of Tennessee
W2022-01081-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

Petitioner, Martiness Henderson, appeals from the Shelby County Criminal Court’s order denying his petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel at trial.  Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court. 

State of Tennessee v. Daryl Deangelo Rollins
E2022-00890-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven W. Sword

Defendant, Daryl Deangelo Rollins, pled guilty to one count of reckless vehicular homicide
and two counts of reckless endangerment, as a Range I offender, in exchange for dismissal
of the remaining counts of the indictment with no agreement as to the sentences. After a
sentencing hearing, the trial court denied judicial diversion and alternative sentencing.
Defendant was sentenced to six years for reckless vehicular homicide, two years on one
count of reckless endangerment, and one year on the remaining count of reckless
endangerment, to be served concurrently. Defendant appeals, arguing that his sentence for
vehicular homicide is excessive, that the trial court improperly applied enhancement
factors, and that the trial court erred by denying an alternative sentence. We affirm the
judgments of the trial court.

Courtney R. Logan v. Vincent Vantell, Warden
W2022-01413-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Courtney R. Logan, appeals the Hardeman County Circuit Court’s
summary dismissal of his fifth petition for writ of habeas corpus relief. Following our
review, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules
of the Court of Criminal Appeals.

State of Tennessee v. Erik Courtney Lehto, Alias
E2022-00848-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Kyle A. Hixson

A Knox County jury convicted the defendant, Erik Courtney Lehto, of two counts of rape
of a child, one count of solicitation of rape of a child, and one count of aggravated sexual
battery for which he received an effective sentence of eighty-six years in prison. On appeal,
the defendant contends the evidence presented at trial was insufficient to support his
convictions. After reviewing the record and considering the applicable law, we affirm the
judgments of the trial court.

Fedtrust Federal Credit Union v. Lynnsay Brooks
W2022-01119-COA-R3-CV
Authoring Judge: Judge Jeffrey Usman
Trial Court Judge: Judge Felicia Corbin Johnson

This appeal concerns a circuit court's disrnissal of an appeal by a Defendant from
judgments entered by a general sessions court. The circuit court dismissed the Defendant's
appeal as untimely. The Defendant appealed that dismissal to this Court. In addition to
asserting that the circuit court erred in concluding her appeal was untimely, the Defendant
also raises issues related to recusal and notice. We affirm the circuit court's dismissal of
the Defendant's appeal.

Jessica R. Adkins v. State of Tennessee
E2020-01213-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lisa Rice

The petitioner, Jessica R. Adkins, appeals the denial of her post-conviction petition,
arguing the post-conviction court erred in finding she received the effective assistance of
counsel. After our review of the record, briefs, and applicable law, we affirm the denial of
the petition.

Roger Reed v. State of Tennessee
W2022-01369-CCA-R3-PC
Authoring Judge: Presiding Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James M. Lammey, Jr.

The petitioner, Roger Reed, appeals the Shelby County Criminal Court’s denial of postconviction
relief from his 2016 convictions of premeditated first degree murder, felony
murder, and aggravated robbery, arguing that he was deprived of the effective assistance
of counsel at trial. We affirm the judgment of the post-conviction court.

State of Tennessee v. Frank Delmar Raines, Jr.
E2022-01045-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David Reed Duggan

Frank Delmar Raines, Jr., Defendant, was indicted for rape, aggravated kidnapping, and
violating the sex offender registry. The third count of the indictment, charging Defendant
for violating the sex offender registry was severed prior to trial. After a jury trial,
Defendant was convicted of attempted rape and attempted aggravated kidnapping. The
trial court sentenced Defendant to 15 years on each offense and ordered the sentences to
be served consecutively. Defendant’s motion for new trial was denied and this appeal
followed. On appeal, Defendant challenges the sufficiency of the evidence and his
sentence. Because we determine that the evidence was sufficient and the trial court did not
abuse its discretion in sentencing Defendant to an effective sentence of 30 years, we affirm
the judgments of the trial court. However, because there is no judgment form in the record
for the charge for violation of the sex offender registry, we remand to the trial court for
entry of the same.

State of Tennessee v. Tondre Durpress Ragland
W2022-01303-CCA-R3-CD
Authoring Judge: Judge Clayburn Peeples
Trial Court Judge: Judge J. Ross Dyer

A Haywood County jury convicted the defendant, Tondre Durpress Ragland, of attempted second-degree murder, possession of a firearm during the commission of a dangerous felony, and aggravated assault, for which he received an effective sentence of twenty years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his conviction for aggravated assault. The defendant also argues the trial court erred in imposing partial consecutive sentences. Following our review, we affirm the defendant’s convictions. However, we reverse the imposition of consecutive sentences and remand to the trial court for a new sentencing hearing for consideration of the consecutive sentencing factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995).

State of Tennessee v. Daryl Bobo
W2022-01567-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The defendant appeals from the Shelby County Criminal Court’s denial of his motion seeking resentencing pursuant to Tennessee Code Annotated section 39-17-432(h). Upon our review of the applicable law and the briefs of the parties, we conclude the defendant does not have an appeal as of right and the instant appeal should be dismissed.

Jonathan Michael Atha v. State of Tennessee
E2022-01247-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Rex H. Ogle

The petitioner, Jonathan Michael Atha, appeals the denial of his motion for a hearing on
his petition for relief pursuant to the Post-Conviction DNA Analysis Act of 2001 ("the
Act"). Discerning no error, we affirm the denial of post-conviction relief.

State of Tennessee v. Cody Lynn Wyrick, Alias
E2022-00956-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The defendant, Cody Lynn Wyrick, Alias, appeals his Knox County Criminal Court jury
convictions of rape of a child, rape, and aggravated sexual battery, arguing that the
evidence was insufficient to support his convictions. Discerning no error, we affirm.

Demorris Sanchez McKenzie v. State of Tennessee
E2022-01226-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Kyle A. Hixson

Petitioner, DeMorris Sanchez McKenzie, sought relief from his convictions and effective
life sentence for first degree premeditated murder, being a felon in possession of a firearm,
and driving on a revoked license. Petitioner alleged that he received the ineffective
assistance of trial and appellate counsel. Having reviewed the entire record and the briefs
of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Andre JuJuan Lee Green
M2022-00899-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert T. Bateman

The State appeals the trial court’s order granting the defendant’s motion to suppress evidence recovered during the search of the car in which the defendant was a passenger. The State asserts that the trial court erred because the scent of marijuana provided probable cause for the search regardless of the possibility that legal hemp was the source of the odor. After review, we conclude the trial court erred in granting the defendant’s motion to suppress. Therefore, we reverse the trial court’s order granting the defendant’s motion for suppression, reinstate the indictments against the defendant, and remand to the trial court for further proceedings.