APPELLATE COURT OPINIONS

Petitioner, Isaih Tatum, pleaded guilty to possession of more than 0.5 grams of
methamphetamine with intent to sell or deliver and unlawful possession of a weapon by a
convicted felon and received an agreed sentence of ten years. He subsequently filed a
petition for post-conviction relief, which the McMinn County Criminal Court denied after
a hearing. On appeal, Petitioner contends that the post-conviction court erred when it
denied relief on his claims that he was denied the effective assistance of counsel and that
his guilty plea was not knowingly and voluntarily entered. Following a thorough review,
we affirm.

A Shelby County jury convicted the Petitioner, Jimmie Martin, of second degree murder of Martha J. Bownes, and the trial court sentenced him to serve twenty years. On appeal, this court affirmed the judgment. State v. Martin, No. W2013-00889-CCA-R3-CD, 2014 WL 2566490, at *1 (Tenn. Crim. App. June 5, 2014), no perm. app. filed. The Petitioner filed a petition for post-conviction relief, claiming that he had received the ineffective assistance of counsel at trial. After a hearing, the post-conviction court denied relief. On appeal, the Petitioner maintains that he received the ineffective assistance of counsel because his attorney had a conflict of interest at the time he represented the Petitioner and because Counsel failed to call an eye witness, Christopher Martin, to testify at his trial. After review, we affirm the post-conviction court’s judgment.

The Defendant, Charles Jordan, II, pled guilty in the Dyer County Circuit Court to possession of a firearm after having been convicted of a felony crime of violence and possession of more than one-half ounce of marijuana with intent to sell or deliver. Pursuant to the plea agreement, he was to receive an effective ten-year sentence with the trial court to determine the manner of service. After a sentencing hearing, the trial court ordered that he serve the sentence in confinement. On appeal, the Defendant claims that the trial court erred by denying his request for alternative sentencing. Based on our review, we affirm the judgments of the trial court.

Petitioner, Demarcus Keyon Cole, acting pro se, appeals from the summary dismissal of his petition seeking a writ of error coram nobis, claiming that Judge Donald H. Allen erred by summarily dismissing the petition while Petitioner’s motion to recuse Judge Joseph T. Howell was pending. We conclude that Petitioner is not entitled to relief and affirm the summary dismissal of the petition. However, we remand for Judge Howell to enter a written order granting the recusal motion.

The Defendant, Jerry Buckner, was convicted by a Davidson County Criminal Court jury of second degree murder, a Class A felony, and unlawful possession of a firearm by a convicted felon, a Class B felony. T.C.A. §§ 39-13-210 (2018) (second degree murder), 39-17-1307(b)(1)(A) (2018) (subsequently amended) (unlawful firearm possession).  The trial court sentenced the Defendant to serve concurrent sentences of forty years for second degree murder and twenty years for the firearm possession.  On appeal, he contends that the evidence is insufficient to support his convictions and that the trial court erred in declining to instruct the jury on the defense of self-defense.  We affirm the judgments of the trial court and remand for correction of a clerical error on the judgment for the firearm conviction.

The Defendant, Jennifer Ruth Barber, appeals from the Montgomery County Circuit Court’s probation revocation of her eight-year sentence for possession of methamphetamine.  On appeal, she contends that the trial court abused its discretion in ordering her to serve her sentence.  We affirm the court’s judgment.

After being convicted of several drug offenses, Charles R. Johnson, Petitioner, was sentenced to an effective thirty-year sentence.  State v. Johnson, No. E2021-01106-CCA-R3-CD, 2023 WL 3535344, at *1 (Tenn. Crim. App. May 18, 2023), no perm. app. filed.  Petitioner's direct appeal was unsuccessful.  He sought post-conviction relief by filing a pro se petition in which he argued that trial counsel was ineffective and that his due process rights were violated in various ways.  The post-conviction court summarily dismissed the petition without appointment of counsel.  On appeal, Petitioner argues that the post-conviction court improperly dismissed the petition.  After a review, we affirm the post-conviction court's summary dismissal of Petitioner's standalone due process claims.  However, we reverse and remand the post-conviction court's summary dismissal of Petitioner's claims of ineffective assistance of counsel without appointment of counsel or a hearing.  Consequently, the judgment of the post-conviction court is affirmed in part, reversed in part, and remanded.  On remand, the post-conviction court should appoint counsel for Petitioner, allow Petitioner to amend his pro se petition, and hold a hearing on the petition.

The appellant, Ann Blankenship d/b/a Ann Blankenship Bonding, appeals her suspension from writing bonds in the Twenty-Fourth Judicial District due to her failure to comply with the applicable statutes. Based upon the record, the parties’ briefs, and oral argument, we affirm that decision of the trial court.

Petitioner, Dale Merritt, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Defendant, Michael Dunford, appeals as of right from his jury convictions for two counts
of aggravated robbery and two counts of aggravated kidnapping, for which he received an
effective sentence of fifteen years. On appeal, Defendant contends that the evidence was
insufficient to prove his identity as the perpetrator and that the trial court erred by imposing
a longer sentence than the minimum in-range sentence of twelve years. Following our
review, we affirm.

When Daniel Barillas failed to appear for a scheduled court appearance, the trial court entered a conditional forfeiture against Mr. Barillas and Bail U Out Bonding (“Bail U Out”). Bail U Out moved for exoneration of the bail bond, claiming that Mr. Barillas had been deported. Following a hearing, the trial court ordered forfeiture of the full amount of the bond. After a thorough review, we determine that the trial court did not abuse its discretion and affirm the judgment.

The pro se Petitioner, Jamauri Ransom, appeals the Hardeman County Circuit Court’s order granting the State of Mississippi’s request that he be extradited to Mississippi on a murder indictment.  We conclude that the Petitioner has waived consideration of his claim regarding the alleged invalidity of the extradition paperwork by failing to include an adequate record for appellate review.  Accordingly, we affirm the judgment of the trial court. 

A Knox County jury convicted the Defendant, Antonio Gipson, of second degree murder and unlawful possession of a firearm by a convicted felon, and the trial court imposed a sentence of forty years. On appeal, the Defendant argues that the evidence is legally insufficient to support his conviction for second degree murder. He also asserts that the trial court erred by (1) finding that prior threats made by the victim were hearsay; and (2) excluding a video of the victim displaying a firearm in the weeks before the shooting. Upon our review, we respectfully affirm the judgments of the trial court.

Defendant, Bryant Donaldson, Jr, pled guilty to one count of especially aggravated sexual exploitation of a minor and six counts of aggravated statutory rape, with the trial court to determine the manner and length of sentence. After a sentencing hearing, the trial court imposed an effective twenty-three-year sentence. Defendant appeals, arguing that the trial court erred in admitting his psychosexual evaluation and a victim impact statement at sentencing and that the trial court misapplied enhancement factors. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Defendant, Julian Summers, was convicted by a Shelby County jury of first degree murder, tampering with evidence, and abuse of a corpse. As the thirteenth juror, the trial court affirmed the verdicts as to the first degree murder and abuse of a corpse but dismissed the verdict as to tampering with evidence. The trial court sentenced Defendant to a total effective sentence of life imprisonment plus two years. On appeal, Defendant claims that 1) the trial court erred in denying his motion to suppress his video-recorded statement to the police; 2) the trial court abused its discretion by permitting the State to call the forensic evaluator as a rebuttal witness; 3) the evidence was insufficient to support his first degree murder conviction; and 4) the trial court abused its discretion by imposing consecutive sentences. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

The Petitioner, Alonzo Hoskins, appeals from the denial of his petition for post-conviction relief challenging his 2019 convictions for felony murder and especially aggravated robbery. The Petitioner argues that he received ineffective assistance of counsel due to trial counsel’s failure to request a post-trial inquiry into a juror who had expressed difficulty hearing portions of the trial. The State counters that the post-conviction court correctly denied relief. Based on our review of the record, we affirm the judgment of the post-conviction court.

Defendant pled guilty in Williamson County to aggravated vehicular assault and three DUI counts.  The trial court sentenced Defendant to six years in confinement.  Defendant argues on appeal that her sentence is excessive and the trial court abused its discretion in denying alternative sentencing. After reviewing the record, the parties’ briefs, the applicable law, and oral arguments, we affirm the judgments of the trial court but remand for entry of corrected judgment forms as detailed in this opinion

A Maury County jury convicted Destiny Diamond Baxter and Anthony Wayne Sheffield of first degree premeditated murder, attempted first degree murder, especially aggravated robbery, two counts of felony murder, and abuse of a corpse. Defendant Sheffield was also convicted of possessing a firearm with a prior conviction for a crime of violence and employing a firearm during the commission of a dangerous felony. The jury determined that both Defendants should serve life in prison without the possibility of parole for the homicide offenses. As for the remaining convictions, the trial court sentenced Defendant Baxter to an additional twenty-two years and sentenced Defendant Sheffield to a further thirty-five years. On appeal, both Defendants challenge whether the evidence is legally sufficient to support their convictions. Defendant Sheffield also argues that the trial court erred in denying his motion to sever the Defendants’ cases and admitting photographs of the homicide victim into evidence during the jury’s sentencing phase. Further, Defendant Sheffield argues that the trial court improperly sentenced him for the other convictions by failing to consider the risk and needs assessment, miscalculating the range, and imposing consecutive sentences beyond his life term. Upon our review, we conclude that a harmless error exists in failing to issue a limiting instruction as requested by Defendant Sheffield, and we also remand the judgments for correction of clerical errors. However, we respectfully affirm the judgments of the trial court in all other respects.

The Petitioner, Latosha Starks-Twilley, appeals the Shelby County Criminal Court’s denial of her post-conviction petition, seeking relief from her conviction of first degree premeditated murder and resulting life sentence. On appeal, the Petitioner claims, and the State concedes, that the post-conviction court erred by summarily denying her pro se petition without appointing counsel or holding an evidentiary hearing because the petition alleged a colorable claim of ineffective assistance of counsel. Based on our review, we reverse and vacate the judgment of the post-conviction court and remand the case to that court for the appointment of counsel and for further proceedings consistent with this opinion.

The Defendant, Jarrod Dewayne Moore, appeals the Henderson County Circuit Court’s imposition of an effective ten-year sentence in confinement for his drug and firearm-related convictions, arguing that the trial court erred in denying his request for probation. Based on our review, we affirm the sentencing determinations of the trial court.

The Defendant, Jasmin Moore, was convicted by a Shelby County Criminal Court jury of first degree felony murder in the perpetration of or attempt to perpetrate a robbery and of especially aggravated robbery, a Class A felony. See T.C.A. §§ 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder), 39-13-403 (2018) (especially aggravated robbery). The trial court imposed a life sentence for the first degree murder conviction and a concurrent sentence of sixteen years for the especially aggravated robbery conviction. On appeal, the Defendant contends that: (1) the trial court erred in denying her motion to dismiss based upon an alleged violation of her right to a speedy trial, (2) the court erred in several evidentiary rulings, (3) the court erred in denying her request for a jury instruction regarding unavailable evidence, (4) the court erred in permitting police recruits to attend the trial, and (5) she should receive a new trial due to the cumulative effect of the alleged trial errors. We affirm the judgments of the criminal court.

The Defendant, Brandon Lee May, appeals his Knox County Criminal Court convictions of possession of a firearm by a convicted felon, evading arrest, and criminal trespass, for which he received an effective sentence of fifteen years' incarceration.  On appeal, the Defendant argues that the evidence adduced at trial was insufficient to sustain his convictions and that his sentence is excessive.  Discerning no error, we affirm.

The Defendant, Sergei Aleksandrovich Novikov, was convicted by a Davidson County Criminal Court jury of attempted second degree murder, a Class B felony, and aggravated assault, a Class C felony. The trial court merged the aggravated assault conviction into the attempted second degree murder conviction and sentenced the Defendant as a Range I, standard offender to ten years in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence and argues that the trial court erred in ordering a sentence of confinement without making proper findings that the Defendant was not entitled to alternative sentencing. Based on our review, we affirm the judgments of the trial court.

A Madison County jury convicted the defendant, Sonny Edmund Hudson, Jr., of two counts of attempted first-degree murder and one count of especially aggravated robbery, for which he received an effective sentence of twenty-three years in confinement at 100%. On appeal, the defendant contends the evidence presented at trial was insufficient to support his conviction for the attempted first-degree murder of James Theus. After reviewing the record and considering the applicable law, we affirm the judgments of the trial

A Dickson County jury convicted the Defendant, Lamisha Lanea Haynes, of second degree murder, and the trial court sentenced the Defendant as a Range I offender to serve twenty years in the Tennessee Department of Correction. On appeal, the Defendant asserts: (1) the evidence is insufficient to sustain her conviction; (2) the trial court improperly excluded testimony about the victim’s prior gun use; (3) the trial court improperly instructed the jury on flight; and (4) her sentence is excessive. The Defendant also claims that the cumulative error of these issues warrants relief. After review, we affirm the trial court’s judgment.