COURT OF CRIMINAL APPEALS OPINIONS

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.

State of Tennessee v. DeAnthony D. Hart
W2022-00280-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Defendant, DeAnthony D. Hart, challenges the legal sufficiency of the evidence
supporting his convictions for the unlawful possession of cocaine, the unlawful possession
of a firearm, and evading arrest. On our review, we respectfully affirm each of the
Defendant’s convictions. However, we remand the case for entry of corrected judgments
showing the merger of offenses ordered by the trial court.

Adarion C. Morris v. State of Tennessee
M2022-00926-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Jennifer Smith

In April 2018, Petitioner, Adarion C. Morris, pleaded guilty in three separate cases and received an effective sentence of six years to be served on community corrections. However, after two community corrections violation warrants were filed, one in June 2018 and another in August 2018, the trial court held a hearing, revoked Petitioner’s community corrections sentence, and re-sentenced Petitioner to forty-eight years in the Department of Correction. This court affirmed the trial court’s revocation and sentence imposed on appeal. See State v. Adarion C. Morris, No. M2018-02034-CCA-R3-CD (Tenn. Crim. App. Dec. 5, 2019), no perm. app. filed. Petitioner subsequently filed a post-conviction petition alleging that he received ineffective assistance of counsel when entering his guilty pleas, which rendered his pleas unknowing and involuntary. He also alleged counsel was ineffective at the revocation hearing and re-sentencing for not challenging the legality of the original community corrections sentence. After a hearing, the post-conviction court concluded Petitioner’s ineffective assistance of counsel claims regarding the guilty pleas were untimely and that the ineffective assistance of counsel claim relative to the revocation and re-sentencing was without merit. Petitioner appeals, arguing that he is entitled to due process tolling of the limitations period for his claims regarding his guilty pleas. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Douglas Wayne Woods
E2022-00758-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Douglas Wayne Woods, was convicted by a Sullivan County Criminal
Court jury of two counts of perjury, a Class A misdemeanor. See T.C.A. § 39-16-
702(a)(1) (2018) (subsequently amended). The trial court imposed an effective sentence
of eleven months and twenty-nine days on probation. On appeal, the Defendant contends
that the evidence is insufficient to support his convictions. We affirm the judgments of
the trial court.

State of Tennessee v. Jerry Rommell Gray
E2022-01000-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Steven W. Sword

After a jury trial, the Defendant, Jerry Rommell Gray, was convicted of felony murder,
attempted especially aggravated robbery, and attempted aggravated robbery. The
Defendant received a total effective sentence of life plus fifteen years. In this delayed
appeal, the Defendant argues that the trial court erred by (1) ordering that additional
fingerprints could be taken from the Defendant on the first day of trial; and (2) allowing an
expert to testify regarding the conclusions of a non-testifying expert. Upon review, we
respectfully affirm the judgments of the trial court.

State of Tennessee v. Russell Davis
W2022-01404-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Chris Craft

The Defendant, Russell Davis, appeals from the Shelby County Criminal Court’s summary
dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of
Criminal Procedure 36.1. Specifically, the Defendant argues that his sentence is illegal
because the State failed to file timely and proper notices of enhanced punishment and
because he was improperly classified as a Range II offender. After review, we affirm the
judgment of the trial court.

State of Tennessee v. Billy W. Locke
E2022-01177-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Andrew Freiberg

Defendant, Billy W. Locke, appeals from the trial court’s summary dismissal of his two
motions to correct an illegal sentence filed pursuant to Rule 36.1 of the Tennessee Rules
of Criminal Procedure. Following our review of the briefs of the parties, the record, and
the applicable authorities, we affirm the judgments of the trial court pursuant to Court of
Criminal Appeals Rule 20.

State of Tennessee v. Jasmin Lawan Towles
W2022-01589-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge J. Weber McCraw

The Defendant, Jasmin Lawan Towles, was convicted by a Fayette County Circuit Court
jury of theft of property valued at $1000 or less and sentenced by the trial court to 11
months, twenty-nine days at 75% in the county jail, with the sentence suspended after
service of 100 days and the Defendant placed on probation supervised by community
corrections. The sole issue he raises in this appeal is whether the evidence is sufficient to
sustain his conviction. Based on our review, we affirm the judgment of the trial court.

Marcus Johnson v. Kevin Genovese, Warden
W2022-00752-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Mark L. Hayes

Marcus Johnson, Petitioner, sought habeas corpus relief for the third time after his convictions for one count of felony murder, one count of especially aggravated robbery, and one count of aggravated assault.  See State v. Marcus Johnson, No. W2002-00987-CCA-R3-CD, 2003 WL 22080778, at *14 (Tenn. Crim. App. Sept. 4, 2003), perm. app. denied (Tenn. Jan. 26, 2004); Marcus Johnson v. State, No. W2007-02664-CCA-R3-PC, 2008 WL 4866817, at *2 (Tenn. Crim. App. Nov. 10, 2008), no perm. app. filed.  The petition was dismissed without a hearing after the habeas corpus court determined that Petitioner was merely raising issues that had previously been litigated.  We determine that the habeas corpus court properly dismissed the petition and affirm the judgment of that court. 

State of Tennessee v. William Rimmel, III
M2022-00794-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Curtis Smith

Defendant, William Rimmel, III, was indicted by the Marion County Grand Jury for one count of aggravated assault, two counts of reckless endangerment, one count of false imprisonment, one count of vandalism over $2,500, and one count of burglary of an automobile. The charge of false imprisonment was dismissed prior to trial. A jury found Defendant guilty of attempted aggravated assault, reckless endangerment, attempted reckless endangerment, vandalism under $1,000, and attempted burglary of an automobile. Following a sentencing hearing, the trial court denied Defendant’s request for judicial diversion and imposed an effective sentence of two years on probation following service of 11 months and 29 days in confinement. On appeal, Defendant contends that the evidence was insufficient to support his convictions, that the trial court abused its discretion in denying Defendant’s request for an alternative sentence and in ordering consecutive sentencing, that his convictions should be vacated due to the State’s failure to preserve evidence, and that the trial court gave confusing jury instructions. Based on the record, the briefs, and oral arguments, we affirm the judgments of the trial court but remand for entry of a judgment in Count 4 and amended judgment in Count 3, reflecting that those counts were dismissed, and for entry of corrected judgments in Counts 5 and 6.

William Rolandus Keel v. State of Tennessee
M2022-00089-CCA-R3-PC
Authoring Judge: Senior Judge John W. Campbell
Trial Court Judge: Judge Angelita Blackshear Dalton

The Petitioner, William Rolandus Keel, appeals the denial of his petition for postconviction relief from his convictions for two counts of rape of a child, arguing that the post-conviction court erred in not admitting relevant evidence consisting of a recorded phone call (“Phone Call Recording” or “recording”) between the victim and her mother, in limiting the Petitioner’s testimony at the remand evidentiary hearing, in finding that the Petitioner received the effective assistance of counsel, and in denying post-conviction relief when the Petitioner is “one hundred percent innocent and [was] wrongfully convicted.” Based on our review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Garen Wright
M2022-01616-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge James A. Turner

Defendant, Garen Wright, appeals from the Rutherford County Circuit Court’s revoking his probation and ordering him to serve his previously ordered probationary sentence of twenty years in confinement. On appeal, Defendant argues the trial court abused its discretion by not considering alternatives to placing Defendant in custody for the full term. After review, we affirm the judgment of the trial court.

State of Tennessee v. Paul Tracy Bailes
E2022-00741-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The Defendant, Paul Tracy Bailes, appeals from the Hamilton County Criminal Court’s
probation revocation of the fourteen-year split-confinement sentence he received for his
guilty-pleaded convictions for forgery, two counts of theft of property, and two counts of
attempted possession of methamphetamine for resale. On appeal, the Defendant contends
that the trial court abused its discretion in revoking his probation, rather than permitting
him to participate in the mental health court program. We affirm the judgment of the trial
court.

Byron Black v. State of Tennessee
M2022-00423-CCA-R3-PD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Walter C. Kurtz

At the heart of this appeal is a narrow procedural question: whether the 2021 amendment to Tennessee Code Annotated section 39-13-203 permits the Defendant, Byron Black, to move for a hearing on whether he has an intellectual disability and is therefore ineligible for the death penalty. The trial court dismissed the motion after determining that the Defendant was procedurally barred from bringing the issue. On appeal, we hold that because the issue of the Defendant’s intellectual disability has been previously adjudicated, he may not file a motion pursuant to Tennessee Code Annotated section 39-13-203(g)(1). We also hold that the General Assembly’s decision not to entitle the Defendant to a second hearing does not subject him to cruel and unusual punishment, nor does it deny him due process of law or the equal protection of the law. Accordingly, we respectfully affirm the judgment of the trial court.

State of Tennessee v. Randy O. Reynolds
M2022-00480-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge David D. Wolfe

Defendant, Randy O. Reynolds, stands convicted by a Dickson County jury of aggravated vehicular homicide (Count 1), vehicular homicide (Count 2), reckless homicide (Count 3), vehicular assault by driving under the influence (Count 4), simple possession of a schedule II controlled substance (Count 5), leaving the scene of an accident (Count 6), evading arrest (Count 7), and driving on a revoked license (Count 8). On appeal, Defendant argues (1) the trial court erred in denying his motion to suppress the results of his blood alcohol test; (2) the trial court erred in allowing the State to present expert testimony regarding the effects of intoxication; and (3) the evidence produced at trial was insufficient to support his all of his felony convictions, and his misdemeanor evading arrest conviction. After a thorough review of the record and applicable law, we affirm.

Floyd Hall, III v. State of Tennessee
W2022-00642-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Clayburn Peeples

The Petitioner, Floyd Hall, III, appeals the Haywood County Circuit Court’s denial of his
petition for post-conviction relief from his conviction for second degree murder. On
appeal, the Petitioner argues that the post-conviction court erred by denying his claim that
he received the ineffective assistance of counsel by trial counsel’s failure to file a motion
to suppress a statement the Petitioner gave to the police. We affirm the post-conviction
court’s judgment.

State of Tennessee v. Christopher Oberton Curry, Jr.
W2022-00814-CCA-R3-CV
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the Defendant, Christopher Oberton Curry, Jr., of being a convicted felon in possession of a firearm, evading arrest while operating a motor vehicle, reckless driving, driving while unlicensed, violation of the registration law, and disobeying a stop sign.  The trial court sentenced the Defendant to an effective sentence of ten years.  On appeal, the Defendant contends that the evidence is insufficient to support his conviction for felony possession of a weapon and that an item of evidence was erroneously admitted.  He further contends that the jury instructions were inaccurate and incomplete.  After review, we affirm the trial court’s judgments.

State of Tennessee v. Antonio Tywan James
W2022-00023-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Appellant, Antonio Tywan James, appeals as of right from his convictions of firstdegree
premeditated murder and tampering with evidence, for which he received an
effective sentence of life imprisonment. The Appellant argues the trial court erred in
denying funds to obtain expert services and in excluding the Appellant’s conversation with
his aunt, Annie Merriweather, as inadmissible hearsay. Based upon the combination of
these two alleged trial errors, the Appellant contends reversal under the cumulative error
doctrine is required. The Appellant additionally argues the trial court erred in not requiring
the State to elect which item it was using in its prosecution of tampering with evidence.
Upon our review, we affirm.

State of Tennessee v. Sebakire Crode
M2021-01371-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Howard W. Wilson

A Rutherford County jury found Defendant, Sebakire Crode, guilty of driving under the influence (DUI), third offense. The trial court sentenced him to eleven months, twenty-nine days, with Defendant to serve 150 days in jail and the balance on probation. On appeal, Defendant argues the evidence was insufficient to convict him of driving under the influence and that he received an excessive sentence. After review, we affirm the judgment of the trial court.

State of Tennessee v. Hopie Conley
E2022-00237-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, Hopie Conley, pled guilty to two counts of aggravated assault, one count of
reckless aggravated assault, and one count of reckless endangerment, with an agreed
sentence of six years, split confinement, with Defendant serving 180 days incarcerated and
the remainder of her sentence on supervised probation. Following a restitution hearing,
the trial court ordered Defendant pay $83,366.68 in total restitution through monthly
payments of $500. On appeal, Defendant contends the trial court erred in determining the
restitution amount because the total amount awarded could not be satisfied prior to the end
of her sentence, Defendant lacked the financial ability to pay the ordered monthly
restitution amount, and the State failed to prove the victim’s pecuniary loss. The State
concedes that the trial court erred in ordering a monthly restitution payment schedule that
would not satisfy the total restitution award prior to the end of Defendant’s sentence.
However, it contends the trial court properly determined the monthly restitution amount
and submits that the matter does not need to be remanded. After reviewing the record, the
briefs and oral arguments of the parties, and considering the applicable law, we reverse the
judgments of the trial court in part and remand for a new restitution hearing consistent with
this opinion.

Jose Gonzalez Bonilla v. State of Tennessee
M2022-01157-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Dee David Gay

Petitioner, Jose Gonzalez Bonilla, appeals as of right from the Sumner County Criminal Court's denial of his petition for post-conviction relief, wherein he challenged his convictions for rape of a child and aggravated sexual battery. On appeal, Petitioner asserts that he received ineffective assistance of trial counsel because counsel (1) did not inform Petitioner during plea negotiations that he would be subject to lifetime community supervision and registration on the sex offender registry if he was convicted at trial; (2) failed to object to the admission of the victim's forensic interview recording during a pretrial severance hearing; and (3) failed to object to the racial composition of the jury venire. Petitioner also argues that the cumulative effect of these errors requires relief. Following our review, we affirm.

State of Tennessee v. William Vess Binkley
M2022-00132-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge David D. Wolfe

Defendant, William Vess Binkley, stands convicted by a Dickson County jury of one count of rape of a child, a Class A felony, and was sentenced to forty years in the Tennessee Department of Correction. On appeal, he argues: (1) the trial court erred by not declaring a mistrial after the State introduced evidence during trial that had not been disclosed to Defendant during discovery; (2) the trial court erred by admitting the victim's forensic interview as substantive evidence; (3) the State committed prosecutorial misconduct during its closing arguments; and (4) the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court.

State of Tennessee v. Quincy D. Moutry
E2022-01076-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Quincy D. Moutry, appeals the dismissal of his Tennessee Rule of Criminal
Procedure 36.1 motion to correct an illegal sentence for his possession of a firearm with
the intent to go armed during the commission of a dangerous felony conviction.
Specifically, the Defendant argues that the trial court’s entry of corrected judgment forms
increasing the mandatory minimum service term on his sentence constituted an ex parte
sentencing in violation of Tennessee Rule of Criminal Procedure 43(a)(3). After review,
we reverse the judgment of the trial court and remand the case for entry of a corrected
judgment form.

State of Tennessee v. Ovitta Vaughn
W2022-00364-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge James M. Lammey

A Shelby County jury convicted the defendant, Ovitta Vaughn, of driving with a blood
alcohol concentration of .08 percent or more (DUI per se) and driving under the influence
of an intoxicant (DUI) for which she received a sentence of 11 months and 29 days,
suspended to supervised probation after serving 10 days in confinement. On appeal, the
defendant contends the evidence presented at trial was insufficient to support her
convictions. The defendant also argues the trial court erred in failing to allow the
introduction of Deputy Goodman’s prior adjudication for untruthfulness, in failing to issue
a curative instruction following the prosecution’s inappropriate closing argument, in failing
to allow the inclusion of a special jury instruction on the operability of the defendant’s
vehicle, and in failing to require the State to make an election as to whether the defendant
was driving her vehicle or merely had physical control. After reviewing the record and
considering the applicable law, we affirm the judgments of the trial court. However, we
remand the case for a corrected judgment form in count two.

State of Tennessee v. Christopher David McIntosh
E2022-00715-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge E. Shayne Sexton

The defendant, Christopher David McIntosh, appeals his effective 10-year sentence
imposed by the Union County Criminal Court as a result of his guilty-pleaded convictions
of six counts of sexual battery by an authority figure and two counts of theft of property
valued at $1,000 or less. On appeal, the defendant contends that the trial court erred in
imposing partially consecutive sentences and in ordering him to serve nine months of his
sentence in confinement. Discerning no error, we affirm.