APPELLATE COURT OPINIONS

A Knox County jury found the Defendant, George Geovonni Thomas, guilty of thirty-eight criminal charges, including first degree murder, aggravated rape, especially aggravated robbery, and especially aggravated kidnapping. The jury imposed sentences of life in prison for the first-degree murder convictions. The trial court imposed sentences for the remaining convictions for an effective sentence of two consecutive life sentences plus twenty-five years in the Tennessee Department of Correction. The Defendant appeals asserting that: (1) the trial court erred when it denied his motion to suppress his statements; (2) the trial court improperly admitted an “unreliable unrecorded statement attributed by law enforcement to [the Defendant];” (3) the criminal responsibility statute is void for vagueness; (4) the trial court erred when it retroactively applied the Dorantes evidentiary standard pertaining to circumstantial evidence; (5) the presentment was insufficient for failure to charge criminal responsibility; and (6) the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments.

Petitioner, Jeremy Garrett, was convicted, following a jury trial, of felony murder and especially aggravated robbery pertaining to the robbery and death of Dexter Birge. He appealed these convictions along with an additional conviction from the same jury trial for aggravated robbery of Mexwayne Williams. The Tennessee Supreme Court reversed the conviction for aggravated robbery of Mr. Williams, but affirmed the convictions for felony murder and especially aggravated robbery of Mr. Birge. State v. Garrett, 331 S.W.3d 392 (Tenn. 2011). Petitioner filed a pro se petition for post-conviction relief attacking his convictions for felony murder and especially aggravated robbery. Counsel was appointed to represent Petitioner, and counsel filed an amended petition. After an evidentiary hearing the trial court dismissed the petition for post-conviction relief, and Petitioner appeals that ruling. After a thorough review, we affirm the judgment of the trial court.

The Petitioner, Lemario Hill, appeals the Shelby County Criminal Court’s denial of postconviction relief from his convictions for first degree felony murder, attempted especially aggravated robbery, and aggravated assault. On appeal, he contends he received ineffective assistance of counsel based on counsel’s failure (1) to present a jury nullification defense or any other defense strategy, (2) to promptly investigate his case, and (3) to adequately communicate with him regarding his defense. Upon review, we affirm the denial of postconviction relief.

The defendant, Monterious Bell, appeals his Shelby County Criminal Court jury conviction of aggravated burglary, claiming that the evidence was insufficient to support his conviction. Discerning no error, we affirm.

Appellant, Terrance Johnson, was convicted by a jury of second degree murder, employing a firearm during the commission of a dangerous felony, and burglary of an automobile. The trial court sentenced him to seventeen years for the murder conviction, six years for the firearm conviction, and one year for the burglary conviction for a total effective sentence of twenty-three years. On appeal, appellant argues that the armed dangerous felonies statute, Tennessee Code Annotated section 39-17-1324, does not list second degree murder as a dangerous felony in subsection 1324(i)(1) and that therefore (1) his conviction for employing a firearm during the commission of a dangerous felony cannot stand and (2) the trial court erred in its jury instructions with regard to this charge. The State concedes error and requests that this court reverse and dismiss the firearm conviction. Following our review, we reverse and dismiss appellant’s conviction for employing a firearm during the commission of a dangerous felony. We affirm the trial court’s judgments in all other respects.

Appellant, Jasper Clayton, pleaded guilty to facilitation of aggravated robbery. The trial court granted him judicial diversion for a three-year period. The State petitioned the court to revoke appellant’s judicial diversion, and after a hearing, the trial court granted the State’s request, revoking appellant’s judicial diversion and sentencing him to three years’ incarceration. On appeal, appellant contends that the State failed to comply with due process notice requirements and that the trial court abused its discretion by revoking his diversion. Following our review, we affirm the judgment of the trial court.

A Marshall County Circuit Court Jury convicted the appellant, Christopher Lee Blunkall, of rape of a child, and the trial court sentenced him to thirty-two years in the Tennessee Department of Correction.  On appeal, the appellant challenges the sufficiency of the evidence, the admission of testimony regarding the reaction of the victim’s family while the victim was missing, and the length of the sentence imposed. Upon review, we affirm the judgment of the trial court.

Appellant, Jasper Clayton, pleaded guilty to facilitation of aggravated robbery. The trial court granted him judicial diversion for a three-year period. The State petitioned the court to revoke appellant’s judicial diversion, and after a hearing, the trial court granted the State’s request, revoking appellant’s judicial diversion and sentencing him to three years’ incarceration. On appeal, appellant contends that the State failed to comply with due process notice requirements and that the trial court abused its discretion by revoking his diversion. Following our review, we affirm the judgment of the trial court.

The Petitioner, Yoni Sales Barahona, appeals from the denial of post-conviction relief by the Criminal Court for Davidson County.  He was convicted of aggravated assault and sentenced to ten years’ imprisonment in the Tennessee Department of Correction.  On appeal, the Petitioner argues that he received ineffective assistance of counsel at the appellate level.  Upon review, we affirm the judgment of the post-conviction court.

The Defendant, Joshua Tyrell Cross, pleaded guilty to attempted rape, and the trial court sentenced him to thirty-one days of time served followed by eight years of probation. The Defendant filed a motion to withdraw his guilty plea, which the trial court denied after a hearing. On appeal, the Defendant contends that: (1) his judgment is void because the information charging him with attempted rape failed to allege each of the required elements of the offense; (2) the factual basis submitted in support of the Defendant’s conviction is insufficient because it did not contain the required culpable mental state; (3) his judgment of conviction should be reversed because there is no record that he was arraigned or that he waived arraignment; and (4) the trial court erred when it denied his motion to withdraw his guilty plea and remand the case for a preliminary hearing. After a thorough review of the record and applicable authorities, we reverse the trial court’s judgment and remand the case for a preliminary hearing on the original charges.

Petitioners, the parents of the victims in the underlying criminal cases, sought to intervene in those proceedings for the purpose of challenging the trial court’s order to seal portions of an investigative file of the Tennessee Bureau of Investigation that was identified during the motions for new trial in the underlying cases. Because we conclude that Petitioners have no statutory or constitutional right to access the sealed confidential information in the file, we affirm the trial court’s denial of their request to unseal.

The Petitioner, James Allen Gooch, challenges the denial of his petition for post-conviction relief.  On appeal, the Petitioner argues that he was denied effective assistance of counsel, raising seven grounds to support his claim.  Additionally, he claims that cumulative error necessitates reversal of the post-conviction court.  After review, we affirm the judgment of the post-conviction court.

Appellant, Thomas William Brown, was convicted by a jury of attempted aggravated burglary and sentenced to four years in the Tennessee Department of Correction.  On appeal, he argues that the trial court should have suppressed his statements to the police immediately after his arrest, that the verdict was contrary to the weight of the evidence, that the trial court erred by allowing the State to present evidence that witnesses identified appellant’s shirt in a “show up” procedure, that the trial court erred by allowing the CAD Operational Report into evidence during the State’s rebuttal proof, and that the trial court erred by denying a special jury instruction request.  Following our careful review of the evidence, we have concluded that the evidence was insufficient to support appellant’s conviction for attempted aggravated burglary and therefore reverse the judgment of the trial court.  Appellant’s charge is dismissed.

A Davidson County jury convicted the Defendant, Derrick Dewayne Lyons, of attempted voluntary manslaughter, aggravated assault, theft of property valued over $1,000.00, and evading arrest in a motor vehicle.  For these convictions, the trial court sentenced the Defendant to serve an effective sentence of eighteen years in the Tennessee Department of Correction.  On appeal, the Defendant claims that: (1) the trial court erred when it allowed the State to amend the indictment on the morning of trial; (2) the evidence is insufficient to support his convictions; (3) the State committed “prejudicial prosecutorial misconduct” during its closing argument; (4) the trial court improperly failed to instruct the jury on “mistake of fact” and “use of force”; and (5) the trial court erred when it failed to excuse a juror for cause.  After a review of the record and the foregoing authorities, we affirm the trial court’s judgments and the Defendant’s convictions.

The petitioner, Justin Rashad Forrest, appeals the denial of his petition for writ of habeas corpus. On appeal, the petitioner contends that he is entitled to habeas corpus relief because his state sentence is void because the trial courtlacked jurisdiction to impose concurrentstate and federal sentences. He also contends that the State breached the plea agreement that called for concurrent federal and state sentences and that he received ineffective assistance of counsel that prevented him from entering a knowing and voluntary guilty plea. After thoroughly reviewing the record, the briefs of the parties, and the applicable law, we affirm the judgment of the habeas corpus court.

The Defendant, Dewayne Lee Williams, appeals the Hamilton County Criminal Court’s order revoking his probation for his convictions for aggravated burglary and vandalism and ordering his effective three-year sentence into execution. The Defendant contends that the trial court abused its discretion because insufficient evidence exists to support the revocation. We affirm the judgment of the trial court.

Defendant, Linzey Danielle Smith, entered a plea of guilty to the offense of driving while her blood or breath alcohol concentration was 0.08% or more (DUI) in violation of T.C.A. § 55-10-401(2), but explicitly reserved the right to appeal a certified question of law pursuant to Tenn. R. Crim. P. 37(b)(2)(A).  The certified question of law limits this court to the following narrow issue: whether probable cause that Defendant had committed the Class C misdemeanor offense described in T.C.A. § 55-8-123(1) (a driver must maintain a vehicle entirely within a single lane “as nearly as practicable”) authorized a stop of Defendant’s vehicle by a state trooper or, alternatively, whether the trooper had reasonable suspicion, based on specific and articulable facts, that Defendant had committed or was about to commit the Class C misdemeanor offense set forth in T.C.A. § 55-8-123(1).  Based upon the General Assembly’s classification as a criminal offense the failure of a driver to maintain her vehicle totally within a single lane of traffic “as nearly as practicable” and guidance from our supreme court’s decision in State v. Brotherton, 323 S.W.3d 866 (Tenn. 2010), we affirm the judgment of the trial court.

I respectfully disagree in the reasoning and result reached in the majority opinion.  The majority opinion concludes that our supreme court’s holding in Brotherton is dispositive and requires that this court affirm the defendant’s conviction.  However, in my view, Brotherton is clearly distinguishable from the instant case.

Following a jury trial, the Defendant, Randy Poole, aka Bobby Neal, was convicted of facilitation of aggravated burglary for which the trial court sentenced him to eight years at thirty-five percent. See Tenn. Code Ann. §§ 39-11-403, -14-403. In this direct appeal, the Defendant first contends that the evidence was insufficient to support his conviction because it was based upon uncorroborated accomplice testimony. He further argues that the trial court committed plain error by failing to instruct the jury that accomplice testimony must be corroborated and by failing to instruct the jury on accomplice testimony procured via a plea agreement. Because we conclude that the accomplice testimony was adequately corroborated and that the Defendant has failed to show that he is entitled to plain error review of the remaining issues, we affirm the judgment of the trial court.

The Defendant-Appellant, Clebron Glade Mealer, Jr., was indicted by a Marshall County Grand Jury for two counts of theft of property valued at $10,000 or more but less than $60,000.  See T.C.A. §§ 39-14-103(a), -105(a)(4).  Count one was dismissed, and Mealer entered a guilty plea to the theft charge in count two, with the trial court to determine the length and manner of service of his sentence at a later hearing.  When Mealer failed to appear at the sentencing hearing for his theft conviction, he was indicted for failure to appear, and a capias warrant was issued for his arrest.  Some time later, Mealer was arrested and entered a guilty plea to the failure to appear charge.  The trial court subsequently sentenced him as a Range II, multiple offender to consecutive sentences of nine years for the theft conviction and four years for the failure to appear conviction.  On appeal, Mealer argues that his sentence is excessive and contrary to the law.  Upon review, we affirm the judgments of the trial court.

Petitioner, Markhayle Jackson, entered a best interest plea to first degree premeditated murder and received a sentence of life imprisonment without the possibility of parole. Petitioner now appeals the trial court’s denial of his petition for post-conviction relief, in which he alleged that his guilty plea was not knowingly, voluntarily, and intelligently entered. Having reviewed the record before us, we affirm the judgment of trial court.

Petitioner, Willie Price, appeals from the post-conviction court’s denial of his petition for post-conviction relief. Petitioner was convicted of aggravated rape, two counts of aggravated burglary, and robbery. He received an effective sentence of 60 years in confinement. Petitioner challenged his convictions and sentences on appeal, and a panel of this court affirmed the judgments of the trial court. State v. Willie Price, No. W2009-00083-CCA-R3-CD, 2010 WL 376625 (Tenn. Crim. App., Feb. 3, 2010), perm. app. denied (Tenn., June 17, 2010). On appeal, Petitioner contends that his trial counsel was ineffective for failing to properly investigate Petitioner’s case, failing to call witnesses at trial, and by not seeking to suppress DNA evidence. He also asserts that his appellate counsel rendered ineffective assistance of counsel, but Petitioner submitted no argument as to this issue in his brief. After a careful review of the record, we affirm the judgment of the post-conviction court.

Petitioner, Christopher Jones, was convicted of one count of first degree premeditated murder and sentenced to life imprisonment. State v. Christopher Alexander Jones, No. W2011-01990-CCA-R3-CD, 2012 WL 4049175 (Tenn. Crim. App., Sept. 14, 2012), perm. app. denied (Tenn., Feb. 19, 2013). A panel of this court affirmed Petitioner’s conviction on appeal. Id. Petitioner filed a petition seeking post-conviction relief, alleging that he was denied the effective assistance of counsel at trial. Following an evidentiary hearing, the postconviction court denied relief. Having carefully reviewed the record before us, we affirm the judgment of the trial court.

Defendant, Chase Nathaniel Martin, was indicted by the Monroe County Grand Jury for burglary in August of 2012. Subsequently, he entered a best interest plea of guilty and was sentenced to eight years as a Range II, multiple offender on December 10, 2013. The trial court specified that Defendant could apply for Community Corrections. Defendant filed a motion to reconsider sentencing on January 16, 2014. After the denial of the motion to reconsider and denial of a request for placement in Community Corrections, Defendant appealed. We waive the untimely filing of the notice of appeal and review the challenge to the sentence. After a review, we affirm the sentence.

Petitioner, Vernon Motley, appeals from the trial court’s summary dismissal of Petitioner’s petition for writ of habeas corpus relief. Petitioner was convicted by a Shelby County jury for first degree premeditated murder and received a sentence of life imprisonment. His conviction was affirmed on appeal. See State v. Vernon Motley, No. W2010-01989-CCA-R3-CD, 2012 WL 1080479 (Tenn. Crim. App. Mar. 29, 2012). Petitioner asserts he is entitled to habeas corpus relief because the trial court, in effect, imposed a sentence of life without possibility of parole without jurisdiction to do so. Our review of the record shows that Petitioner was properly sentenced to the only sentence he could receive, and we therefore affirm the judgment of the trial court.