State of Tennessee v. Demarcus Montay Montgomery
Pursuant to a plea agreement, Defendant, Demarcus Montay Montgomery, entered guilty pleas for aggravated assault against a first responder and evading arrest involving the risk of death or injury in exchange for a three-year sentence, with the trial court to determine the manner of service. Following a sentencing hearing, the trial court imposed a sentence of three years’ confinement. On appeal, Defendant argues that the trial court abused its discretion by sentencing him to full confinement rather than probation. Upon review, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Baeho Shin
A Davidson County jury found the Defendant, Baeho Shin, guilty of especially aggravated kidnapping, aggravated sexual battery, and domestic assault, among other offenses. Thereafter, the trial court imposed an effective sentence of twenty-two years’incarceration. On appeal, the Defendant contends that the trial court violated his constitutional right to confrontation. More specifically, he argues that the court prohibited him from cross-examining the victim about her potential interest in obtaining a U visa, which is a non-immigrant visa available to certain victims of crime. Although the trial court later allowed the Defendant to recall the victim and question her on the topic, he argues that the delayed timing of the examination rendered the remedy inadequate and prejudicial. Upon our review, we conclude that the trial court acted within its discretion in controlling the scope and timing of the cross-examination and that any possible error was harmless beyond a reasonable doubt. We respectfully affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antwon William Santos
Antwon William Santos, Defendant, claims that the trial court erred in finding that he violated the terms of his probation and in ordering him to serve the balance of the sentence in confinement. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Court of Criminal Appeals | ||
JAMARCUS JACKSON v. STATE OF TENNESSEE
In 2017, a Washington County jury convicted the Petitioner, Jamarcus Jackson, of misdemeanor assault, misdemeanor reckless endangerment, and second degree murder as a lesser-included offense of first degree murder. The trial court imposed a forty-year sentence. The Petitioner appealed and this court affirmed the judgments. State v. Jackson, No. E2017-01182-CCA-R3-CD, 2018 WL 3409927, at *1 (Tenn. Crim. App. July 12, 2018), perm. app. denied (Tenn. Nov. 15, 2018). Thereafter, the Petitioner filed a petition for post-conviction relief, which the post-conviction court denied following a hearing. We affirmed that decision on appeal. Jackson v. State, No. E2021-00642-CCA-R3-PC, 2022 WL 984341 (Tenn. Crim. App. Feb. 23, 2022), no perm. app. filed. In 2024, the Petitioner filed a petition for a writ of error coram nobis. The trial court summarily dismissed the petition as untimely and without merit. On appeal, the Petitioner contends that his petition is entitled to a tolling of the statute of limitations because of the unavailability of the newly discovered evidence. After review, we affirm the trial court’s judgment. |
Washington | Court of Criminal Appeals | |
King Allah James v. State of Tennnessee
Petitioner, King Allah James, appeals the post-conviction court’s summary denial of his petition for post-conviction relief in which he challenged his guilty pleaded convictions for assault, vandalism, and two counts of aggravated assault and his effective six-year sentence. On appeal, Petitioner contends that the post-conviction court erred in finding that he failed to establish a colorable claim for relief. Upon review, we affirm the judgment of the post-conviction court. |
Court of Criminal Appeals | ||
Demario Quintez Driver v. State of Tennessee
A Cheatham County jury convicted the Petitioner, Demario Quintez Driver, of rape and coercion of a witness. On appeal, this court affirmed the trial court’s judgments. State v. Driver, No. M2021-00538-CCA-R3-CD, 2022 WL 1284978, at *1 (Tenn. Crim. App. April 29, 2022), perm. app. denied (Tenn. Sept. 29, 2022). The Petitioner filed a timely post-conviction petition, and after a hearing on the petition, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel at trial and that the cumulative errors of his trial counsel warrant relief. After review, we affirm the post-conviction court’s judgment. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Justin Rivers
The Defendant, Justin Rivers, was convicted of aggravated child neglect and received a sentence of fifteen years in confinement. On appeal, the Defendant argues: (1) his motion for judgment of acquittal should be treated as a prematurely filed motion for new trial; (2) the evidence is insufficient to support his conviction; and (3) the aggravated child neglect statute is unconstitutionally vague. After review, we dismiss the appeal due to its untimeliness. |
Fayette | Court of Criminal Appeals | |
Timothy McKinney v. State of Tennessee
A Shelby County jury convicted the Petitioner, Timothy McKinney, of one count of attempted second degree murder, one count of employing a firearm during the commission of a dangerous felony, and two counts of reckless endangerment with a deadly weapon. State v. McKinney, No. W2016-00834-CCA-R3-CD, 2018 WL 1055719, at *1 (Tenn. Crim. App. Feb. 23, 2019), perm. app. denied (Tenn. July 19, 2018). The Petitioner also pleaded guilty to three counts of being a convicted felon in possession of a handgun. The trial court sentenced the Petitioner as a repeat violent offender to life without the possibility of parole. The Petitioner unsuccessfully appealed his convictions and sentence. Id. The Petitioner then filed a petition for post-conviction relief, amended by appointed counsel, in which he alleged that his trial counsel was ineffective in multiple ways. After a hearing, the post-conviction court denied relief, and this appeal ensued. After review, we affirm the post-conviction court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Shenessa L. Sokolosky
The Tennessee Supreme Court has remanded this case for consideration of the Defendant’s appeal from the Smith County Criminal Court’s probation revocation of her two consecutive eleven-month, twenty-nine-day sentences for her guilty-pleaded misdemeanor convictions for marijuana possession and possession of drug paraphernalia. See State v. Shenessa L. Sokolosky, --- S.W.3d. ---, No. M2022-00873-SC-R11-CD, 2025 WL 2016420 (Tenn. July 18, 2025) (reversing State v. Shenessa L. Sokolosky, No. M2022-00873-CCA-R3-CD, 2024 WL 1780085 (Tenn. Crim. App. Apr. 25, 2024)). This court concluded in its previous opinion that the Defendant’s appeal was moot because she had fully served her sentence and was no longer constrained by confinement or probation supervision. The Tennessee Supreme Court disagreed and concluded that the mootness doctrine does not apply because a probation revocation may result in future adverse consequences, even after completion of a sentence. Upon further review, we reverse the judgment of the trial court and remand for further findings of fact pursuant to State v. Wade, 863 S.W.2d 406, 409 (Tenn. 1993). We, likewise, remand for the entry of a corrected judgment form in Count 6 to reflect consecutive service with Count 5 and for the entry of judgment forms, if necessary, reflecting a dismissal of the charges in Counts 2, 3, 4, and 7. |
Smith | Court of Criminal Appeals | |
State of Tennessee v. Dalton Bryce Patterson
The Defendant, Dalton Bryce Patterson, filed a motion through counsel seeking review of the Blount County Criminal Court’s June 4, 2025, order revoking his release on his own recognizance bond and imposing a monetary bond in the amount of $100,000. See Tenn. Code Ann. § 40-11-144; Tenn. R. App. P. 8. He contends that the trial court’s use of “hold without bond” warrants for violations of pretrial release supervision violated his due process rights, see State v. Burgins, 464 S.W.3d 298, 306 (Tenn. 2015), and that the court improperly modified his bond based on alleged violations of his release conditions. The State opposes the motion, asserting that the trial court’s actions were consistent with due process. Upon our review, we respectfully deny the Defendant’s motion. |
Court of Criminal Appeals | ||
State of Tennessee v. Shenessa L. Sokolosky (Dissenting)
I respectfully dissent. This case comes to us on a probation revocation where, even taking the State’s evidence at face value, the proof does not establish a violation. The trial court found absconsion and failure to pay fines and costs, but the record supports neither finding. And because the probation warrant was already admitted and considered, a remand to supply a “good cause” hearsay finding cannot cure the problem. Whether the hearsay is excluded or admitted again, the result is the same: the State’s proof remains insufficient to sustain the revocation. |
Smith | Court of Criminal Appeals | |
Nathan Allen Wallace v. State of Tennessee
Nathan Allan Wallace, Petitioner, appeals from the denial of his petition for post-conviction relief in which he argued that he received ineffective assistance of counsel. After a review, we determine Petitioner failed to demonstrate that trial counsel was ineffective or that any of the alleged deficiencies were prejudicial. Consequently, the judgment of the post-conviction court is affirmed. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Koalis Peete
The Defendant, Koalis Peete, appeals the trial court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
Quadarius Deshun Martin v. State of Tennessee
Pursuant to a negotiated plea agreement, the Appellant, Quadarius Deshun Martin, pled guilty to seven offenses on April 4, 2024, and received an agreed-upon sentence of twelve years’ incarceration. Eighteen days later, the Appellant filed an unsigned, untitled, handwritten pleading in which he stated he wished to withdraw his guilty pleas, arguing that he pled guilty under duress and that trial counsel failed to investigate his case. The trial court entered an order construing the filing as a petition for post-conviction relief and appointing counsel. At the subsequent evidentiary hearing, the trial court stated that it would hear both the Appellant’s request to withdraw his guilty pleas and his petition for post-conviction relief. Following the hearing, the trial court denied post-conviction relief but did not rule upon the Appellant’s request to withdraw his guilty pleas. The Appellant appealed, arguing the trial court erred by failing to find he received the ineffective assistance of counsel. We ordered the parties to file supplemental briefs to address whether the trial court erred by construing the Appellant’s filing as a petition for post-conviction relief despite his request to withdraw his guilty plea. Following our review of the record, we reverse the judgment of the trial court and remand for consideration of the Appellant’s motion to withdraw his guilty pleas. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Jason A. McCain
The Defendant, Jason A. McCain, pled guilty in the Henry County Circuit Court to reckless endangerment with a deadly weapon, a Class E felony. After a sentencing hearing, the trial court sentenced him as a Range III, persistent offender to six years in confinement. On appeal, the Defendant contends that the trial court should have sentenced him as a Range I, standard offender because the State did not file its notice of intent to seek enhancement punishment pursuant to Tennessee Code Annotated section 40-35-202(a) until the day of his sentencing hearing and that his six-year sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Leonard Harrison Beard, Jr.
The Defendant, Leonard Harrison Beard, Jr., was convicted by a Maury County Circuit Court jury of two counts of attempted first degree murder, a Class A felony; reckless endangerment, a Class A misdemeanor; unlawful possession of a firearm by a convicted felon, a Class B felony; reckless endangerment involving a habitation, a Class C felony; vandalism valued at $2,500 or more but less than $10,000, a Class D felony; and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-12-101 (2018) (criminal attempt); 39-13-202 (2018) (subsequently amended) (first degree murder); 39-13-103 (2018) (reckless endangerment); 39-17-1307 (2018) (felon in possession of a firearm); 39-14-408 (Supp. 2024) (vandalism); 39-14-105 (2018) (subsequently amended) (grading); 39-17-1324 (2018) (subsequently amended) (employing a firearm during the commission of a dangerous felony). The trial court imposed an effective fifty-year sentence. On appeal, the Defendant argues that the trial court erred by denying his motion for a new trial on the basis that he received the ineffective assistance of counsel. We affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Quadarius Deshun Martin v. State of Tennessee - Dissent
I respectfully dissent from the majority’s opinion reversing the trial court’s judgment and remanding for consideration of Appellant’s pleading as a motion to withdraw his guilty pleas pursuant to Tennessee Rule of Criminal Procedure 32(f) because I conclude that Appellant abandoned any claim of relief on appeal based on Rule 32(f). |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Raymond Cacciatore
Defendant, Joseph Raymond Cacciatore, appeals the trial court’s denial of his motion for a reduction of sentence pursuant to Tennessee Rule of Criminal Procedure 35 in which Defendant sought a reduction of his effective ten-year sentence of incarceration resulting from his guilty pleas to two counts of solicitation of a minor, three counts of coercion of a witness, and one count of attempted especially aggravated sexual exploitation of a minor. On appeal, Defendant contends that he received the ineffective assistance of counsel, that his plea was not knowingly and voluntarily entered, and that he was arrested and confined without being properly indicted. Upon review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. John Mark Hall
The Defendant, John Mark Hall, appeals his Knox County jury conviction of domestic assault, for which he received a sentence of eleven months and twenty-nine days on unsupervised probation after service of 192 hours in jail. On appeal, the Defendant contends that the State committed prosecutorial misconduct during closing arguments, that the sufficiency and weight of the evidence was lacking, and that the trial court erred by failing to rule on his renewed motion for judgment of acquittal pursuant to Tennessee Rule of Criminal Procedure 29. Discerning no error, we affirm. |
Court of Criminal Appeals | ||
State of Tennessee v. Michael Malik Tashaw Brown
The Defendant, Michael Malik Tashaw Brown, was convicted by a Madison County Circuit Court jury of filing a false police report, possession of marijuana, and leaving the scene of an accident. On appeal, he argues that the trial court erred in admitting irrelevant and prejudicial evidence about a shotgun found in his vehicle, and that the State failed to establish that he possessed illegal marijuana rather than legal hemp. Based on our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Andrew Steven Bryant
The Defendant, Andrew Steven Bryant, appeals from the Jefferson County Circuit Court’s |
Jefferson | Court of Criminal Appeals | |
Gregory Bonds v. State of Tennessee
The Petitioner, Gregory Bonds, entered a guilty plea to seven offenses, for which he received a concurrent twelve-year term of imprisonment. The Petitioner subsequently filed a pro-se petition seeking post-conviction relief from his convictions, alleging that trial counsel was ineffective for allowing him to enter an agreement with the State for an illegal sentence. The Petitioner alleged that his sentence was illegal because the employing a firearm during the commission of a dangerous felony offense was ordered to be served concurrently with other offenses in direct contravention of the law. The post-conviction court summarily dismissed the petition for failure to state a colorable claim for relief. On appeal, the Petitioner argues: (1) the post-conviction court erred in failing to hold an evidentiary hearing for his claim of ineffective assistance of counsel; and (2) that he did not knowingly, voluntarily, or intelligently enter the plea agreement. Upon review, we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
Dwight Randall Walton v. State of Tennessee
In 2012, a Sullivan County jury convicted the Petitioner, Dwight Randall Walton, of four |
Sullivan | Court of Criminal Appeals | |
Victor Trezevant v. State of Tennessee
Petitioner, Victor Trezevant, was convicted by a Shelby County jury of first degree felony murder committed during the perpetration of an attempted aggravated robbery, for which he received a life sentence. He subsequently filed a petition for post-conviction relief, which the post-conviction court denied after a hearing. On appeal, Petitioner contends that the post-conviction court erred when it denied relief on his claims of ineffective assistance of trial and appellate counsel. Following a thorough review, we affirm. |
Shelby | Court of Criminal Appeals | |
Jerrico Lamont Hawthorne v. State of Tennessee
Petitioner, Jerrico Lamont Hawthorne, appeals from the denial of his petition for postconviction |
Hamilton | Court of Criminal Appeals |
