APPELLATE COURT OPINIONS

Robert Winters, Defendant, appeals from the dismissal of a motion filed under Rule 36.1
of the Tennessee Rules of Criminal Procedure. In the motion, he challenged his sentence
for aggravated robbery, stemming from State v. Winters, 137 S.W.3d 641 (Tenn. Crim.
App. 2003), perm. app. denied (Tenn. Mar. 22, 2004). After a thorough review, we
determine that Defendant failed to state a colorable claim for relief, attempted to challenge
a sentence that was already expired, and raised claims that were previously determined.
Accordingly, we affirm the judgment of the trial court.

Petitioner, Roger Terrell, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Petitioner contends he received the ineffective assistance of counsel at trial. After review, we affirm the judgment of the post-conviction court.

Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of
counsel after this Court affirmed his first degree murder conviction. State v. Ellis, No.
W2017-01035-CCA-R3-CD, 2018 WL 4584124, at *1 (Tenn. Crim. App. Sept. 21, 2018).
The post-conviction court denied relief. Petitioner appealed, arguing that trial counsel was
ineffective for failing to include proof in the motion to suppress his statement to authorities
about whether Petitioner was brought before a judge or magistrate before making his
statement and whether Petitioner’s cognitive abilities prevented him from adequately
waiving his rights. Because the evidence does not preponderate against the post-conviction
court’s findings and conclusions, we affirm the judgment of the post-conviction court.

The Petitioner, Kennath Artez Henderson, appeals the Fayette County Circuit Court’s
summary denial of his petition for a writ of error coram nobis, challenging the sentence of
death that the trial court imposed after his guilty plea to the first degree premeditated
murder of a law enforcement officer. On appeal, the Petitioner claims that newly
discovered evidence of severe brain damage and serious mental illness at the time of the
offense may have resulted in a different judgment if presented at trial, that he was without
fault in failing to present the evidence at the proper time because trial counsel were
ineffective for failing to discover and present the evidence at sentencing, and that due
process requires tolling the statute of limitations. Based on our review of the oral
arguments, the record, and the parties’ briefs, we affirm the judgment of the coram nobis
court.

Defendant, Charles Felix Bell, Jr., appeals the trial court’s order revoking his probationary sentence for possession of cocaine with intent to sell. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

A Knox County jury convicted the Defendant, Joshua Steven Sullivan, of two counts of
rape of a child, one count of attempted rape of a child, and one count of aggravated sexual
battery. The trial court imposed a total effective sentence of forty-two years. The
Defendant argues that the trial court committed several evidentiary errors, including by
admitting evidence that (1) the victim made statements to her sister and best friend as
excited utterances; (2) he told officers they needed a warrant to enter the house and that he
was on his way to his attorney’s office; (3) he had prior convictions for purposes of
impeachment; and (4) he removed his GPS monitoring bracelet and left the jurisdiction
while on pretrial release. The Defendant also asserts that the trial court erred in instructing
the jury regarding flight and that the cumulative effect of these errors entitles him to a new
trial. Finally, he asserts that the trial court erred in imposing consecutive sentences. Upon
review, we conclude that harmless errors exist in the admission of the Defendant’s
statements related to his purported exercise of constitutional rights. Otherwise, we
respectfully affirm the judgments of the trial court.

Defendant, Matthew F. Beasley, appeals the trial court’s order revoking his probationary sentence for aggravated assault and ordering him to serve the balance of his ten-year sentence in confinement. Following our review of the entire record and the briefs of the parties, we find no abuse of discretion and affirm the judgment of the trial court.

The Petitioner, Kip Dylane Buie, pled guilty to second degree murder and attempted second degree murder. He received an effective forty-year sentence. Subsequently, he filed a petition for post-conviction relief, alleging that his plea counsel was ineffective during the plea process and that his guilty pleas were not knowingly and voluntarily entered. After a hearing, the post-conviction court denied the petition, and the Petitioner appealed to this Court. On our review, we respectfully affirm the judgment of the post-conviction court.

A Davidson County jury convicted the Petitioner, Jim George Conaser, of aggravated assault, and the trial court sentenced him to serve a term of twelve years as a Range III, persistent offender. Thereafter, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel when trial counsel failed to object to character evidence and hearsay. The post-conviction court denied the petition after a hearing. On our review, we respectfully affirm the judgment of the post-conviction court.

The defendant, Terrell Craft, appeals his Shelby County Criminal Court jury convictions
of second degree murder and three counts of aggravated assault, challenging the sufficiency
of the convicting evidence and the trial court’s omission of a jury instruction on the defense
of necessity. Discerning no error, we affirm.

The Defendant, Christopher Layne Spencer, was convicted by a Knox County Criminal Court jury of two counts of aggravated sexual battery, a Class B felony, and violating the sexual offender registration act, a Class E felony. See T.C.A. §§ 39-13-504 (2018) (aggravated sexual battery); 40-39-211(k) (2019) (sexual offender registry). The Defendant was sentenced to an effective fourteen years for the convictions. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction for violating the sexual offender registry, (2) the trial court erred by admitting text messages as evidence, (3) the trial court erred by denying his request for a mistrial, (4) the trial court erred by limiting his closing argument, (5) the prosecutor engaged in improper closing argument, (6) the trial court erred with its jury instructions, and (7) the cumulative effect of the alleged errors entitles him to relief. We affirm the judgments of the trial court.

The Defendant appeals his convictions for aggravated robbery, carjacking, and driving on
a revoked license. He argues that (1) the trial judge erred in denying his motion for a
mistrial and the trial judge to recuse itself; (2) the evidence adduced at trial was insufficient
to support a guilty verdict on the carjacking charge; and (3) cumulative error warrants
reversal of his convictions. After our review, we affirm the judgments of the trial court.

The Defendant, Jeffrey Clay Dale, was convicted by a Maury County Circuit Court jury of two counts of driving under the influence, third offense, which the trial court merged. See T.C.A. §§ 55-10-401(1) (2020) (driving under the influence of an intoxicant), -401(2) (driving with a blood- or breath-alcohol concentration of 0.08% or more), 55-10-402 (a)(3)(A) (2020) (subsequently amended) (third offense driving under the influence). The trial court sentenced the Defendant to eleven months, twenty-nine days, with 140 days to be served in jail and the balance on probation. On appeal, the Defendant contends that: (1) the evidence is insufficient to support his convictions and (2) the trial court erred in allowing a law enforcement officer to testify about his observations during field sobriety testing of the Defendant. We affirm the judgment of the trial court.

Petitioner, Tavaris D. Bledsoe, appeals the denial of his post-conviction petition, arguing
that the post-conviction court erred in concluding that he received the effective assistance
of counsel. Upon our review, we conclude that Petitioner has failed to prepare a sufficient
brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee
Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal
is dismissed.

Bobby V. Summers, Petitioner, appeals the post-conviction court’s summary dismissal of his petition as time-barred. Upon review of the record and applicable law, we affirm the judgment of the post-conviction court.

The Petitioner, James Moore, was convicted by a Shelby County jury of attempted first
degree murder and employing a firearm during the commission of a dangerous felony, for
which he received an effective sentence of twenty-six years’ imprisonment. He now
appeals the post-conviction court’s denial of relief, arguing that trial counsel was
ineffective by failing to: (1) subpoena records that might have shown the victim’s
intoxication; and (2) adequately advise the Petitioner about testifying. Alternatively, he
argues that the cumulative effect of trial counsel’s deficiencies entitles him to relief. After
review, we affirm the judgment of the post-conviction court.

The Appellant, Kelvin Montgomery, was convicted of especially aggravated kidnapping
and aggravated sexual battery. The trial court imposed an effective sentence of thirtyseven
years’ confinement. On appeal, the Appellant argues that: (1) the evidence is
insufficient to support his convictions; (2) the trial court committed plain error by failing
to provide the jury instruction required under State v. White, 362 S.W.3d 559, 580-81
(Tenn. 2012), in connection with his aggravated rape charge; and (3) the trial court abused
its discretion by imposing the maximum within-range sentences and ordering that they be
served consecutively. Upon our review, we affirm the trial court’s judgments.

The Defendant, Rusty Amos Long, appeals the Robertson County Circuit Court’s order revoking his community corrections sentence for his conviction for burglary other than a habitation and ordering him to serve the remainder of his five-year sentence in confinement. The Defendant contends that the trial court erred by failing to conduct a new sentencing hearing and by failing to consider whether revocation was in the interests of justice. We affirm the judgment of the trial court.

A Tipton County jury convicted Jeremiah Leavy, Defendant, of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed an effective sentence of life plus fifteen years’ imprisonment. On direct appeal, we affirmed Defendant’s convictions, and the Tennessee Supreme Court denied Defendant’s application for permission to appeal. Defendant then sought post-conviction relief, alleging ineffective assistance of counsel. The post-conviction court dismissed his petition, and we affirmed the post-conviction court’s dismissal. Defendant then moved to correct a clerical mistake that he was not on probation at the time of the offense. The trial court entered an order to correct the record accordingly. At issue here, Defendant subsequently moved under Tennessee Rule of Criminal Procedure 36.1 to correct what he alleged was an illegal sentence, and the trial court denied his motion. On appeal, Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court.

Defendant, Lanoris Cordell Carter, appeals his Lake County Circuit Court conviction for
tampering with evidence. He argues on appeal that the evidence was insufficient to support
his conviction. Defendant asserts that throwing items out of a car window during an
attempted traffic stop such that law enforcement could not recover the items is “mere
abandonment” rather than concealment or destruction for purposes of the evidence
tampering statute. After review, we affirm the judgment of the trial court.

The petitioner, Pedro Ignacio Hernandez, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Defendant, Percy D. Thompson, was indicted by a Davidson County Grand Jury for the attempted first degree murder (count one) and aggravated assault (count two) of his wife.  Following a bench trial, Defendant was convicted of the lesser included offense of attempted second degree murder in count one, and aggravated assault as charged in count two.  The trial court sentenced Defendant to twelve years for count one and ten years for count two and merged the aggravated assault conviction into the attempted second degree murder conviction.  Defendant appeals his convictions arguing the trial court failed to find him guilty of aggravated assault at the conclusion of the proof and therefore erred in sentencing him for count two and that the evidence was insufficient to support either of his convictions.  Following our review of the record, including the briefs of the parties and the applicable law, we affirm the judgments of the trial court.

Following a Henderson County jury trial, Defendant, Trinces Eugene Hart, was convicted of three counts of unlawful possession of a firearm by a convicted felon. He appeals, arguing the evidence was insufficient to sustain his convictions. After review, we affirm the judgments of the trial court; however, we remand the case to the trial court for merger of the three counts into a single judgment of conviction for unlawful possession of a firearm by a convicted felon.

A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession
with intent to sell, deliver, or manufacture 15 grams or more of heroin within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture fentanyl within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture .5 grams or more of cocaine
within 1,000 feet of a park; three counts of possession of a firearm with the intent to go
armed during the commission of a dangerous felony; three counts of possession of a firearm
with the intent to go armed during the commission of a dangerous felony after having been
previously convicted of a dangerous felony; and evading arrest. The trial court merged
various convictions and imposed an effective 16-year sentence. On appeal, the defendant
contends that the evidence is insufficient to support his convictions, that the trial court erred
in failing to exclude inadmissible hearsay evidence, that his separate convictions for
possession of heroin and fentanyl should be merged because they were contained in the
same mixture, and that his firearm convictions should be merged into one conviction.
Upon review, we affirm the judgments of the trial court but remand to the trial court for
entry of judgments in Counts 8, 10, 14, and 16 through 21, showing that the charges for
those counts were dismissed by the State.

The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error
coram nobis, which petition challenged his 2013 Madison County Circuit Court jury
convictions for felony murder and especially aggravated robbery, arguing that he is entitled
to a new trial due to newly discovered evidence. Discerning no error, we affirm.