APPELLATE COURT OPINIONS

Please enter some keywords to search.
Joe G. Manley v. State of Tennessee

W2024-01114-CCA-R3-PC

The petitioner, Joe G. Manley, 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.

Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge J. Weber McCraw
Fayette County Court of Criminal Appeals 02/21/25
State of Tennessee v. John Edward Roach

W2024-00036-CCA-R3-CD

The Defendant, John Edward Roach, was convicted by a Hardin County jury of three drug-related offenses for which he received an effective sentence of twenty years’ imprisonment. The sole issue presented for our review is whether the evidence is sufficient to support his conviction for possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. § 39-17-425 (a)(1)-(2). The Defendant argues that the State failed to establish (1) that the items seized from the search of his home constituted drug paraphernalia and (2) that the Defendant intended to use any of the seized items for an illicit purpose. Upon our review, we affirm.

Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge J. Brent Bradberry
Hardin County Court of Criminal Appeals 02/20/25
Darius Mack v. State of Tennessee

W2024-01317-CCA-R3-PC

Petitioner, Darius Mack, appeals the Shelby County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition without first appointing counsel because his petition presented a colorable claim for relief and the issues were not previously determined. Upon review of the entire record, the briefs of the parties, and the applicable law, we conclude that the trial court erred in dismissing the petition as it stated a colorable claim and warranted the appointment of counsel. Thus, we reverse the order of summary dismissal and remand the case for further proceedings pursuant to the Post-Conviction Procedure Act.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge David L. Pool
Shelby County Court of Criminal Appeals 02/20/25
In Re: Tennessee Bonding Company

M2024-00083-CCA-R3-CD

Tennessee Bonding Company (“Tennessee Bonding”) claims that the trial court erred by temporarily suspending its bonding authority for thirty days and then restricting its bonding authority for a period of one year for violating local bail bonding rules that required a source hearing for bonds of One Hundred Thousand Dollars ($100,000) or more. Discerning no error, we affirm.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Michael E. Spitzer
Hickman County Court of Criminal Appeals 02/20/25
State of Tennessee v. Raymond Scott Knox

E2024-00428-CCA-R3-CD

In 2023, the Defendant, Raymond Scott Knox, pleaded guilty to eleven counts of methamphetamine and weapons related charges, and the trial court sentenced him to an effective sentence of sixty five years of incarceration.  On appeal, the Defendant asserts that the trial court erred when it sentenced him.  After review, we affirm the trial court's judgments.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Andrew Freiberg
McMinn County Court of Criminal Appeals 02/18/25
State of Tennessee v. Robert King Vaughn, Jr.

M2024-00028-CCA-R3-CD

Defendant, Robert King Vaughn, Jr., appeals his convictions for attempted first degree murder and aggravated rape, for which he received a total effective sentence of 120 years’ confinement. Defendant contends that: (1) the evidence presented at trial was insufficient to support his conviction for attempted first degree murder; (2) no reasonable trier of fact could find that he failed to establish the insanity defense by clear and convincing evidence; and (3) the prosecutor engaged in improper argument by misstating Tennessee law and vouching for witnesses during the State’s closing argument. Following a thorough review, we affirm the judgments of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Brody N. Kane
Trousdale County Court of Criminal Appeals 02/18/25
Timothy A. Baxter v. State of Tennessee

E2024-01253-CCA-R3-HC

The Petitioner, Timothy A. Baxter, appeals from the habeas corpus court’s summary denial
of his petition for writ of habeas corpus. On appeal, the Petitioner contends that the habeas
corpus court erred by failing to conduct a hearing on the merits of the allegations raised in
his petition, and in a related argument, by failing to order the trial court to award additional
pretrial jail credits on the underlying conviction. We affirm the judgment of the habeas
corpus court.

Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Lisa N. Rice
Johnson County Court of Criminal Appeals 02/17/25
State of Tennessee v. Kevin Harris

M2024-00538-CCA-R3-CD

Defendant, Kevin Harris, appeals his Cheatham County convictions for aggravated sexual battery and rape of a child. He contends on appeal that: (1) the trial court erred in admitting the victim’s forensic interview; (2) the evidence was insufficient to establish penetration; and (3) the prosecutor committed multiple instances of improper argument during closing by (a) commenting on Defendant’s failure to testify and (b) vouching for the victim’s credibility. After review, we affirm the judgments of the trial court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Larry J. Wallace
Cheatham County Court of Criminal Appeals 02/14/25
State of Tennessee v. William Connor Read

M2024-00821-CCA-R3-CD

The defendant, William Read, appeals the order of the trial court revoking his probation and ordering him to serve the remainder of his eleven-year and six-month sentence in confinement.  Upon our review of the record and the parties’ briefs, we dismiss the appeal as untimely. 

Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Robert T. Bateman
Robertson County Court of Criminal Appeals 02/14/25
Jaquarious D. Carpenter v. State of Tennessee

W2024-00801-CCA-R3-PC

The petitioner, Jaquarious D. Carpenter, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel. Following our review, we affirm the denial of the petition.

Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/14/25
State of Tennessee v. Terrion Avantae Jones

W2024-00027-CCA-R3-CD

A Madison County jury convicted the defendant, Terrion Avantae Jones, of one count of possession of marijuana with intent to sell, one count of possession of marijuana with intent to deliver, two counts of possession of a firearm during the commission of a dangerous felony, and possession of drug paraphernalia, for which he received an effective sentence of four years to be served as three years in confinement at 100% with the remainder to be served on supervised probation. On appeal, the defendant argues the trial court erred in denying his motion to suppress. He also contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/14/25
State of Tennessee v. Darrell Scott Wallis

M2024-00940-CCA-R3-CD

Defendant, Darrell Scott Wallis, was indicted by a Maury County Grand Jury on three counts of automobile burglary. Pursuant to a plea agreement, he pled guilty to one count of automobile burglary to receive a Range II sentence at thirty-five percent with the trial court to determine the length of sentence and manner of service. The trial court sentenced Defendant to serve three years and six months, suspended to probation after service of twelve months of incarceration. Defendant appeals, arguing that the trial court abused its discretion by ordering the split confinement sentence. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Russell Parkes
Maury County Court of Criminal Appeals 02/14/25
Brendan Nathan Morgan v. State of Tennessee

W2024-00208-CCA-R3-PC

A Decatur County jury convicted the Petitioner, Brendan Nathan Morgan, of aggravated sexual battery, and the trial court sentenced him to a term of ten years imprisonment. Thereafter, he filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel at his trial. In relevant part, the Petitioner alleged that his trial counsel failed to conduct an adequate investigation, failed to adequately communicate with him, and failed to review the pretrial discovery with him before trial. After holding a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge J. Brent Bradberry
Decatur County Court of Criminal Appeals 02/13/25
State of Tennessee v. Mitchell Hopkins

W2024-00173-CCA-R3-CD

A Shelby County jury convicted Defendant, Mitchell Hopkins, of attempted first degree murder, aggravated assault while acting in concert with two or more people, reckless endangerment by discharging a firearm into an occupied habitation, and the employment of a firearm during the commission of a dangerous felony. The trial court imposed an effective twenty-one-year sentence. On appeal, Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in denying his motions for a severance and for a mistrial and in admitting statements from a non-testifying codefendant; and (3) the trial court erred in admitting a video compilation. Upon review, we affirm the judgments of the trial court.

Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge James Jones, Jr.
Shelby County Court of Criminal Appeals 02/13/25
Milburn L. Edwards v. State of Tennessee

W2024-01076-CCA-R3-PC

Petitioner, Milburn L. Edwards, appeals the Shelby County Criminal Court’s summary dismissal of his third petition for post-conviction relief because it was time-barred. Following our review of the entire record, the briefs, and the applicable law, we affirm the judgment of the post-conviction court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Carolyn W. Blackett
Shelby County Court of Criminal Appeals 02/12/25
State of Tennessee v. Tyler Michael Benson

E2024-00438-CCA-R3-CD

The Defendant, Tyler Michael Benson, appeals the Hamilton County Criminal Court’s
denial of his motion to withdraw his guilty pleas to aggravated sexual battery and
aggravated kidnapping, arguing that his pleas were involuntary and unknowing due to his
“mental health impairments,” his trial counsel’s ineffective assistance, and “the
miscommunication regarding probation eligibility.” Based on our review, we affirm the
judgment of the trial court denying the motion.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Amanda B. Dunn
Hamilton County Court of Criminal Appeals 02/11/25
State of Tennessee v. Terrell Shannon

W2024-00174-CCA-R3-CD

Defendant, Terrell Shannon, was convicted by a Shelby County jury of rape of a child and aggravated assault. The trial court imposed an effective sentence of forty-six years. Defendant appeals, arguing that the evidence was insufficient to support his conviction for rape of a child and that his convictions violate double jeopardy protections. Upon our review, we conclude that Defendant 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.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 02/07/25
Tracy D. Boyd, Jr. v. State of Tennessee

W2023-01669-CCA-R3-PC

Tracy D. Boyd, Jr., Petitioner, pleaded guilty to three counts of impersonating a licensed professional, one count of theft of property, and one count of forgery. Petitioner subsequently filed a petition for post-conviction relief, alleging that the indictments against him were defective, that he had received the ineffective assistance of counsel, that his guilty plea was entered under duress, and prosecutorial misconduct. The post-conviction court summarily dismissed each of Petitioner’s allegations. Petitioner now timely appeals. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner, and which states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/07/25
State of Tennessee v. Richard Faulk

M2023-01218-CCA-R3-CD

A Maury County jury convicted the Defendant, Richard Faulk, of aggravated vehicular homicide, and he was subsequently sentenced to twenty years’ imprisonment. In this direct appeal, the Defendant argues the trial court erred in (1) allowing two Tennessee State Troopers who were certified as experts in accident reconstruction to testify as experts in occupant kinetics and (2) allowing the State to introduce a copy of the Defendant’s Tennessee Department of Safety driving record as evidence of his prior convictions when a copy of the driving record was not provided to the Defendant at the arraignment as required by Tennessee Code Annotated § 55-10-405(d). The Defendant also argues that the evidence is insufficient to support his conviction. Discerning no reversible error, we affirm the judgment of the trial court.

Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Chancellor Christopher V. Sockwell
Maury County Court of Criminal Appeals 02/07/25
Glenard Cortez Thorne v. Brandon Watwood, Warden

W2024-01594-CCA-R3-HC

In 2008, the Petitioner, Glenard Cortez Thorne, was convicted of two counts of especially aggravated kidnapping and sentenced to a term of twenty-one years for each conviction. In 2024, the Petitioner applied for a writ of habeas corpus, alleging that the trial court failed to consider a required statutory mitigating factor at sentencing. The habeas corpus court summarily dismissed the application, and the Petitioner appealed. Upon our review, we respectfully affirm the judgments of the habeas corpus court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Mark L. Hayes
Lake County Court of Criminal Appeals 02/06/25
State of Tennessee v. Brandon Rashann Murray

M2024-00163-CCA-R3-CD

Brandon Rashann Murray, Defendant, admitted to violating the terms of his community corrections sentence. Following a hearing, the trial court ordered Defendant to serve the balance of his eight-year sentence in confinement. Defendant claims that the trial court erred in imposing a sentence of incarceration because his violations were technical in nature. Following our review, we affirm the judgment of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Robert T. Bateman
Montgomery County Court of Criminal Appeals 02/06/25
State of Tennessee v. Gary Allen Jordan, Jr.

W2024-00462-CCA-R3-CD

A Madison County jury convicted Defendant, Gary Allen Jordan, Jr., of fifty-five offenses, including charges of possession of methamphetamine with intent to sell or deliver, possession of cocaine with intent to sell or deliver, possession of heroin with intent to sell or deliver, possession of fentanyl with intent to sell or deliver, possession of marijuana with intent to sell or deliver, possession of a firearm by a convicted felon and possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of sixty-six years’ confinement. On appeal, Defendant contends that the trial court erred in denying his motion to suppress evidence seized during the search of his vehicle and that the evidence was insufficient to support his convictions related to the possession of cocaine and marijuana and the possession of a firearm. After review, we affirm the judgments of the trial court.

Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/06/25
State of Tennessee v. Robert David Morse

E2024-00580-CCA-R3-CD

A Cumberland County jury convicted the Defendant, Robert David Morse, of first degree premeditated murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court committed two evidentiary errors: (1) admitting multiple autopsy photographs depicting the victim's body; and (2) limiting his cross-examination of Agent Davenport about the Defendant's statement to the police. After review, we affirm the trial court's judgment. 

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Gary S. McKenzie
Court of Criminal Appeals 02/05/25
State of Tennessee v. Paul Michael Cheairs

W2024-00312-CCA-R3-CD

Defendant, Paul Michael Cheairs, was convicted by a Madison County jury of two counts of possession of marijuana with intent to sell and or deliver, two counts of possession of drug paraphernalia, one count of misdemeanor unlawful possession of a firearm, and one count of possession of a firearm by a convicted felon. The trial court imposed an effective sentence of seventeen years. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court erred in admitting a rap video made after the arrest, by allowing expert testimony from a lieutenant, and in sentencing. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Joseph T. Howell
Madison County Court of Criminal Appeals 02/05/25
State of Tennessee v. David Kaiser

E2024-00606-CCA-R3-CD

The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two counts
of theft of property valued at $10,000 or more but less than $60,000, a Class C felony;
burglary, a Class D felony; theft of property valued at $2,500 or more but less than $10,000,
a Class D felony; and misdemeanor drug possession, a Class A misdemeanor. See T.C.A.
§§ 39-14-103 (2018) (theft of property); 39-14-105 (2018) (grading of theft); 39-13-1002
(Supp. 2021) (burglary); 39-17-418 (2018) (misdemeanor drug possession). The
Defendant agreed to an effective ten-year sentence as a Range II offender, with the manner
of service to be determined by the trial court. On appeal, the Defendant contends that the
court erred by denying his request for alternative sentencing. We affirm the judgments of
the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 02/04/25