COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. James Carter Millinder
W2024-00059-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, James Carter Millinder, appeals the trial court’s decision ordering his agreed-upon nine-year sentence to be served consecutively to an unserved sentence in another county. The Defendant claims that the trial court erred by sentencing him in a manner not contemplated by the agreement between the parties and that this error rendered his guilty plea involuntary. Given the deficiencies in the Defendant’s appellate brief, as well as the absence of transcripts of the guilty plea and sentencing proceedings from the appellate record, we affirm the judgments of the trial court.

State of Tennessee v. Reginald D. Bond
W2023-01725-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

In 2012, the Defendant, Reginald D. Bond, pleaded guilty to multiple counts of attempted rape of a child, and the trial court sentenced him to ten years of incarceration and ordered him to community supervision for life and to register as a sex offender. After his release, the Defendant was convicted of violating the sex offender registry, and the trial court sentenced him to six years, suspended to probation. He violated his probation by being charged with new offenses, so the trial court revoked his probation and ordered him to serve his sentence in confinement. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence, contending that his sentence was illegal because the community supervision and sex offender registry requirements violated double jeopardy. The trial court summarily denied Rule 36.1 relief. On review, having determined that the Defendant has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

State of Tennessee v. Curtis W. Bradley
M2023-01542-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Angelita Blackshear Dalton

Defendant, Curtis Bradley, was indicted on one count of aggravated assault by causing serious bodily injury and one count of false imprisonment. He entered a negotiated plea agreement to the lesser-included charge of reckless aggravated assault with the trial court to determine the length of sentence and whether Defendant would receive judicial diversion. The false imprisonment charge was dismissed pursuant to the agreement. The trial court denied judicial diversion, and ordered Defendant to serve three years, suspended to probation. Defendant argues on appeal that the trial court abused its discretion in denying his request for judicial diversion and by imposing more than the minimum sentence. Based on our review of the entire record, oral arguments, and the parties’ briefs, we affirm the judgment of the trial court.

Jonathan M. Cooper v. State of Tennessee
E2022-01776-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven Wayne Sword

The Petitioner, Jonathan M. Cooper, appeals the denial of his petition for post-conviction
relief challenging his multiple convictions for aggravated sexual battery, incest, and rape
of a child. On appeal, the Petitioner argues the post-conviction court erred in denying his
motion to continue the evidentiary hearing requesting more time to develop recently
discovered evidence—the report of the victim’s medical examination. The Petitioner also
contends the post-conviction court erred in denying relief because (1) the State violated his
due process rights by failing to disclose Brady evidence at trial, i.e., the report of the
victim’s medical examination; (2) he received the ineffective assistance of counsel due to
trial counsel’s failure to familiarize himself with Rule 412 of the Tennessee Rules of
Evidence, and this failure resulted in the exclusion of evidence of the victim’s sexual
behavior with her stepbrother; (3) he received the ineffective assistance of counsel due to
trial counsel’s failure to object to the State’s improper closing argument; (4) he received
the ineffective assistance of counsel due to trial counsel’s failure to properly address the
issue of venue; and (5) the cumulative effect of trial counsel’s deficiencies, along with the
State’s withholding of Brady evidence, violated his right to a fair trial. After review, we
affirm the judgment of the post-conviction court.

Donte R. Swanier v. State of Tennessee
M2023-00233-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Donte R. Swanier, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions of felony murder, attempted especially aggravated robbery, and attempted aggravated robbery. On appeal, the Petitioner argues that counsel provided ineffective assistance in failing to convey an offer of settlement to him prior to trial, in failing to move for a judgment of acquittal at the conclusion of the State’s proof at trial and challenge the sufficiency of the evidence on direct appeal, in failing to pursue a conviction for a lesser included offense at trial, in failing to effectively argue against the admission of evidence pursuant to Tennessee Rule of Evidence 404(b), and in failing to seek suppression of cell phone records and evidence obtained from a GPS tracker placed by law enforcement on the Petitioner’s vehicle. The Petitioner also maintains that the cumulative effect of counsel’s deficiencies deprived him of his right to a fair trial. We affirm the judgment of the post-conviction court.

State of Tennessee v. David Lynn Richards, Jr.
E2022-01468-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, David Lynn Richards, Jr., appeals his Knox County Criminal Court
convictions for three counts of sexual battery by an authority figure (Counts 1, 2, and 9),
two counts of rape (Counts 3 and 4), three counts of statutory rape by an authority figure
(Counts 5, 6, and 7), and one count of incest (Count 11).1 On appeal, the Defendant argues:
(1) if newly discovered forensic biological evidence had been presented to the jury, then it
likely would have changed the result of his trial; (2) if newly discovered forensic electronic
evidence had been presented to the jury, then it likely would have changed the result of his
trial; (3) if the newly discovered records related to victim’s mental health history had been
presented to the jury, then it likely would have changed the result of his trial; (4) his due
process rights were violated under Brady v. Maryland, 373 U.S. 83 (1963), and
Pennsylvania v. Ritchie, 480 U.S. 39 (1987); (5) the trial court committed plain error by
permitting the State to play the entire recording of victim’s forensic interview; (6) he
received ineffective assistance from trial counsel; (7) the State’s erroneous election for the
rape offense in Count 4 failed to protect his right to a unanimous jury verdict in that count;
(8) the evidence is insufficient to sustain his conviction for sexual battery by an authority
figure in Count 1 and his conviction for rape in Count 4; (9) his dual convictions for sexual
battery by an authority figure in Counts 1 and 2 violate the prohibition against double
jeopardy; (10) the trial court abused its discretion by denying all forms of alternative
sentencing and by imposing a partially consecutive sentence; and (11) the cumulative effect
of these errors entitles him to a new trial. After review, we affirm the judgments of the
trial court.2

State of Tennessee v. Jonathan Hamilton
W2023-01127-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the Defendant, Jonathan Hamilton, of first degree felony murder, attempted first degree murder, and employment of a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to serve an effective life sentence plus twenty-six years. On appeal, the Defendant argues that the trial court erred by (1) denying his motions to suppress evidence seized pursuant to a warrant, as well as an out-of-court identification; (2) admitting autopsy photographs; (3) failing to instruct the jury on aggravated assault, facilitation, and accessory after the fact; (4) allowing improper closing arguments; and (5) imposing consecutive sentencing. Upon our review, we respectfully affirm the judgments of the trial court.

State of Tennessee v. Tevin Wayne Griffin
M2023-01376-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Tevin Wayne Griffin, was convicted by a Davidson County jury for the premeditated first degree murder of the victim and was sentenced to life imprisonment. Defendant appeals, arguing that the trial court abused its discretion in determining that during trial Defendant opened the door to previously excluded cell site location data and that the evidence was insufficient to establish that he acted with premeditation. Upon our review of the entire record, oral arguments and briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Charles Edward Young
M2022-00999-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County Jury convicted Defendant, Charles Edward Young, of: (1) especially aggravated robbery; (2) first degree murder during the perpetration of a robbery; (3) premeditated first degree murder; and (4) conspiracy to commit especially aggravated robbery. The trial court imposed an effective sentence of life plus ninety years. On appeal, Defendant argues that the trial court erred in denying Defendant’s motion to suppress the evidence obtained from his cell phone; the court erred in declining to compel the State to disclose evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1963); and that the jury’s verdicts are against the weight of the evidence. After review, we affirm the judgments of the trial court.

State of Tennessee v. Jason Lee Kinser
E2023-00987-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

In March 2021, the Knox County Grand Jury issued an indictment, charging Defendant, Jason Lee Kinser, with rape and aggravated burglary. Following a trial, a jury found Defendant guilty as charged, and the trial court imposed an effective sentence of thirty years’ incarceration. On appeal, Defendant contends that he is entitled to plain error relief based upon testimony during trial that Defendant’s name was in a criminal justice database. Defendant also contends that he was under the influence of drugs during trial and was incompetent to waive his right to testify. Following a thorough review, we affirm the judgments of the trial court.

State of Tennessee v. Courtney B. Mathews
M2022-01210-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Senior Judge Don R. Ash

In 1996, a Montgomery County jury convicted the Defendant, Courtney B. Mathews, of four counts of felony murder and one count of especially aggravated robbery. The Defendant received consecutive terms of life imprisonment without the possibility of parole for each felony murder conviction and twenty-five years for the especially aggravated robbery conviction. This court affirmed his convictions and sentences on direct appeal. The Defendant sought post-conviction relief, and this court subsequently held that he was entitled to post-conviction relief with respect to the motion for a new trial. On remand, the Defendant filed an amended motion for a new trial, and following a hearing, the trial court reduced his sentence for especially aggravated robbery to twenty years but otherwise denied his motion. On appeal, the Defendant raises challenges regarding the sufficiency of the evidence supporting his conviction for especially aggravated robbery, the validity of the indictment, and the State’s failure to elect an offense; the admission into evidence of a black denim jacket; the State’s failure to correct false testimony; the trial court’s failure to grant a mistrial based on an impermissible outside influence on the jury; the trial court’s refusal to allow additional closing arguments after it gave a supplemental jury instruction on criminal responsibility during jury deliberations; the trial court’s failure to issue an enhanced identification jury instruction; the trial court’s jury instruction on the reliability of fingerprint evidence; the State’s reliance on the especially heinous, atrocious, or cruel aggravating circumstance during his trial while asserting that the aggravating circumstance could not be supported during the co-defendant’s subsequent trial; and the trial judge’s failure to recuse himself from the trial and post-trial proceedings. The Defendant also argues that the cumulative effect of the errors entitles him to a new trial. Upon our review, we respectfully disagree and affirm the judgments of the trial court.

State of Tennessee v. Vincent Tredeau McCord
M2023-01209-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Cynthia Chappell

The defendant, Vincent Tredeau McCord, was convicted of three counts of rape of a child, three counts of aggravated sexual battery, and one count of sexual exploitation of a minor by electronic means, and he was sentenced to an effective term of sixty years in the Tennessee Department of Correction. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions and that the trial court erred in allowing testimony that the victim’s mother suffered a medical event that caused the loss of a pregnancy. Following a thorough review of the record, the briefs, and oral arguments of the parties, we affirm the judgments of the trial court.

State of Tennessee v. Taylor Wolfinger
E2023-01752-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Tammy M. Harrington

Defendant, Taylor Wolfinger, appeals a judgment from the Blount County Circuit Court revoking his probation and ordering him to serve the balance of his previously ordered probationary sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion by finding that he violated the terms of his probation and revoking his probation to serve his original sentence. After review, we affirm the judgment of the trial court.

State of Tennessee v. Joshua Adam Hill
E2023-00018-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Lisa Rice

Following a trial, a jury convicted Defendant, Joshua Adam Hill, on two counts of aggravated rape, one count of incest, and one count of sexual battery by an authority figure, for which he was sentenced to an effective twenty-five years’ incarceration. On appeal, Defendant contends that the evidence at trial was insufficient to support his convictions for aggravated rape and sexual battery by an authority figure and that the trial court committed plain error when it instructed the jury on the elements of those offenses. Following a thorough review, we affirm the judgments of the trial court.

State of Tennessee v. Martinez Carter
M2023-00187-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Russell Parkes

The defendant, Martinez Carter, appeals the order of the trial court revoking his probation and ordering him to serve his eight-year sentence in confinement. Upon our review of the record, the parties’ briefs, and oral arguments, we affirm the revocation and disposition of the defendant’s probation.

State of Tennessee v. Asata Lowe
E2024-00321-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge David Reed Duggan

The Defendant, Asata Lowe, appeals from the Blount County Circuit Court’s dismissal of
his Tennessee Criminal Procedure Rule 36 and Rule 36.1 motions for their failure to state
colorable claims. On appeal, the Defendant contends that the trial court erred in summarily
dismissing the motions because he stated colorable claims. We affirm the judgment of the
trial court.

State of Tennessee v. John D. Baskette
E2023-00600-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Alex E. Pearson

A Hamblen County jury convicted the Defendant, John D. Baskette, of attempted theft of property valued over $60,000 but less than $250,000. The trial court sentenced the Defendant to an effective five-year term, which was suspended to probation after six months of confinement. On appeal, the Defendant argues that the proof is legally insufficient to support his conviction. He also asserts that the trial court failed to charge the jury on the affirmative defense of a claim of right. Upon our review, we respectfully affirm the judgment of the trial court.

State of Tennessee v. Robert C. Clanton
M2023-01301-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Forest A. Durard, Jr.

The defendant appeals from the Bedford County Circuit Court’s partial denial of his motion seeking resentencing pursuant to Tennessee Code Annotated section 39-17-432(h). Upon our review of the oral arguments, applicable law, and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Aaron Dean Whitman
E2023-01050-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge David R. Duggan

Defendant, Aaron Dean Whitman, was convicted by a Blount County jury of violating the sex offender registry, for which he received a sentence of 391 days’ incarceration. On appeal, Defendant argues that the trial court erred by denying his motion to stipulate to his prior convictions, for which he was required to register as a sex offender. Upon review, we conclude that the trial court erred by allowing evidence of the named offenses for which Defendant was convicted; however, we determine that the error was harmless and affirm Defendant’s conviction. 

Alexander Vance v. State of Tennessee
M2023-01093-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Angelita Blackshear Dalton

Alexander Vance, Petitioner, appeals from the denial of post-conviction relief after this Court and the Tennessee Supreme Court affirmed his convictions. See State v. Vance, 596 S.W.3d 229 (Tenn. 2020). On appeal, he argues that the post-conviction court erred in finding that he received effective assistance of counsel at trial despite several alleged areas of deficient performance. After a review of the record and applicable authorities, we affirm the judgment of the post-conviction court.

State of Tennessee v. Keith Harding Miller
E2023-00624-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Justin C. Angel

The Defendant, Keith Harding Miller, was convicted by a Rhea County Circuit Court jury
of aggravated assault with a deadly weapon, a Class C felony. See T.C.A. § 39-13-
102(A)(1)(A)(iii) (Supp. 2019) (subsequently amended). The trial court sentenced him to
three years in the Department of Correction. On appeal, he contends that: (1) the State
violated Brady v. Maryland by failing to disclose material evidence, (2) a juror imparted
extraneous information which impacted the verdict, and (3) the trial court erred in denying
judicial diversion and in imposing incarceration. We affirm the judgment of the trial court.

State of Tennessee v. Michael J. Hite
E2023-00563-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Alex E. Pearson

A Hancock County jury found Defendant, Michael J. Hite, guilty of driving under the influence, first offense. The trial court imposed
a sentence of eleven months, twenty-nine days, with Defendant to serve sixty days in confinement and the rest of his sentence on
probation. On appeal, Defendant contends the trial court imposed an excessive sentence. After review, we affirm the judgment of
the trial court.

State of Tennessee v. Lawrence E. Hampton
M2024-00058-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Cynthia Chappell

The Defendant, Lawrence E. Hampton, appeals the trial court’s summary dismissal of his third motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Specifically, the Defendant argues that the trial court’s entry of corrected judgment forms changing the order of consecutive service of sentences constituted an ex parte sentencing in violation of Tennessee Rule of Criminal Procedure 43(a)(3). Following our review, we affirm.

Darius Markee Alston v. State of Tennessee
W2023-00783-CCA-R3-ECN
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge A. Blake Neill

The Petitioner, Darius Markee Alston, appeals the Lauderdale County Circuit Court’s denial of his untimely petition for writ of error coram nobis. Upon review, we affirm.

State of Tennessee v. Eric Lamar Caffey
M2023-01306-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William R. Goodman, III

The Defendant, Eric Lamar Caffey, was convicted by a Montgomery County jury of second degree murder. He raises two issues on appeal: (1) whether his due process rights to a fair trial were violated by the State’s failure to correct false testimony given by a material witness; and (2) whether the evidence was sufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court.