Court of Criminal Appeals Opinions

Format: 03/04/2015
Format: 03/04/2015
State of Tennessee v. Joe Travis Northern Jr.
W2013-02757-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan Jr.

The defendant, Joe Travis Northern, Jr., was convicted by a Madison County Criminal Court jury of possession of more than one-half ounce of marijuana with the intent to sell or deliver, a Class E felony; possession of a firearm during the commission of a dangerous felony with a prior felony, a Class D felony; possession of a firearm by a convicted felon, a Class E felony; tampering with evidence, a Class D felony; and possession of drug paraphernalia, a Class A misdemeanor, and was sentenced by the trial court as a Range II, multiple offender to an effective term of eighteen years in the Department of Correction. On appeal, the defendant challenges the sufficiency of the evidence in support of his convictions and argues that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 12/03/14
State of Tennessee v. Devaughn Edwards
W2013-02009-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Robert Carter Jr.

The defendant, Devaughn Edwards, was convicted of three counts of facilitation of kidnapping, two of which subsequently were merged; two counts of facilitation of robbery, and one count of facilitation of aggravated burglary, for which he received an effective sentence of sixteen years. On appeal, he argues that the evidence was not sufficient to sustain the convictions for facilitation of kidnapping and that the court erred in imposing consecutive sentencing. Following our review, we affirm the judgments.

Shelby County Court of Criminal Appeals 12/03/14
State of Tennessee v. Latickia Tashay Burgins
E2014-02110-CCA-R8-CO
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Bobby R. McGee

The defendant, Latickia Tashay Burgins, through counsel, sought automatic review of the trial court’s revocation of bail pursuant to Tennessee Rule of Appellate Procedure 8. The defendant argues that the trial court’s reliance upon Tennessee Code Annotated section 40-11-141(b) to revoke and deny pretrial bail following her garnering additional charges violates Article I, section 15 of the Tennessee Constitution. Upon full consideration of the defendant’s motion for review and the State’s response, we conclude that Code section 40-11-141(b) violates the constitutional guarantee to pretrial bail by permitting a trial court to hold a defendant without bail pending trial. Accordingly, we reverse the judgment of the trial court denying the appellant pretrial bail and remand the case for further proceedings consistent with this opinion.

Knox County Court of Criminal Appeals 12/03/14
State of Tennessee v. Tamekia Shantell Jones
W2013-02578-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Donald H. Allen

Defendant, Tamekia Shantell Jones, was charged with Class A misdemeanor theft from Macy’s store in an indictment returned by the Madison County Grand Jury. Following a jury trial, she was found guilty as charged. The trial court sentenced her to serve eleven months and twenty-nine days in the Madison County jail, to be served consecutively to a sentence for convictions in Hardeman County. In this appeal, Defendant’s sole issue is a challenge to the sufficiency of the evidence to support the conviction. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals.

Madison County Court of Criminal Appeals 12/02/14
State of Tennessee v. Caleb Wayne Dehoog
W2013-02110-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan Jr.

The defendant, Caleb Wayne DeHoog, was convicted by a Madison County Criminal Court jury of attempted aggravated burglary, a Class D felony; two counts of aggravated assault, Class C felonies; and one count of aggravated criminal trespass, a Class A misdemeanor. He was sentenced to three years for the attempted aggravated burglary, five years for each count of aggravated assault, and eleven months and twenty nine days for the aggravated criminal trespass. The court ordered that the sentences for the two aggravated assault convictions be served consecutively to each other but concurrently with the sentences on the other convictions, for an effective term of ten years. On appeal, the defendant challenges the sufficiency of the convicting evidence and the trial court’s imposition of consecutive sentences. After review, we affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 12/02/14
State of Tennessee v. Kenneth James Morris
W2013-02298-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Williams B. Acree

Kenneth James Morris (“the Defendant”) was convicted by a jury of manufacture of a Schedule II controlled substance within a drug-free zone and promotion of methamphetamine manufacture. The trial court sentenced the Defendant to 15 years. On appeal, the Defendant challenges the sufficiency of the evidence supporting his convictions and claims the jury improperly weighed certain testimony and incorrectly assessed the credibility of a witness. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Weakley County Court of Criminal Appeals 12/02/14
State of Tennessee v. Lucian Alan Green
M2014-00242-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Michael R. Jones

In a two-count indictment, appellant, Lucian Alan Green, was charged with burglary of a building other than a habitation and theft of property valued at more than $1,000 but less than $10,000, both Class D felonies.  The jury found him guilty as charged, and the trial court sentenced him as a standard offender to concurrent terms of three years, six months at thirty percent release eligibility for each offense to be served in the Tennessee Department of Correction.  Appellant now challenges the sufficiency of the convicting evidence and the trial court’s sentencing decision.  Upon our review, we affirm the judgments of the trial court.

Robertson County Court of Criminal Appeals 12/02/14
State of Tennessee v. Billy Rapier
W2013-02297-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Roy B. Morgan Jr.

Defendant, Billy D. Rapier, and two co-defendants, Cassandra Haynes and Leveris Keller, were charged with aggravated robbery. Mr. Keller was also charged with felony evading arrest, and Defendant was charged with evading arrest. Pursuant to a jury trial, Defendant was convicted of the charges and received concurrent sentences of eight years for aggravated robbery and eleven months, twenty-nine days for evading arrest. On appeal, Defendant argues that the evidence was insufficient to support his convictions because the defense of duress barred his convictions. We affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 11/26/14
State of Tennessee v. Brandon Jones
W2013-00333-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Donald H. Allen

The defendant, Brandon Jones, was convicted of possession of marijuana with intent to sell, a Class E felony, and possession of a deadly weapon with intent to employ it in the commission of a dangerous felony, a Class D felony. He was sentenced to mandatory consecutive sentences of two years and four years for the respective convictions. On appeal, the defendant contends that: (1) the trial court erred by allowing evidence regarding the defendant’s custodial statements; (2) the trial court erred by allowing hearsay testimony regarding statements made by the passenger in the defendant’s car; (3) the trial court erred in allowing a police officer to testify as an expert and offer opinion testimony; and (4) the evidence is insufficient to support the two convictions. Following review of the record, we affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 11/26/14
State of Tennessee v. Robert Echols
W2013-02044-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James C. Beasley Jr.

A Shelby County jury convicted the Defendant, Robert Echols, of aggravated robbery, aggravated burglary, and theft of property valued over $1,000. The trial court merged the theft of property conviction and the aggravated robbery conviction, and it ordered the Defendant to serve an effective sentence of twenty years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the admission of the victim’s preliminary hearing testimony violated his constitutional right to confront and cross-examine itnesses against him; (2) the trial court erred when it admitted into evidence an unsigned statement of the Defendant; (3) the evidence is insufficient to sustain his convictions; and (4) the trial court erred when it sentenced him. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments.

Shelby County Court of Criminal Appeals 11/26/14
Carl Renee Brown v. State of Tennessee
W2013-02774-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt Jr.
Trial Court Judge: Judge James Lammey

The petitioner, Carl Renee Brown, appeals pro se from the summary dismissal of his 2013 petition for post-conviction relief, which challenged his 1987 convictions of criminal attempt to sell cocaine pursuant to Tennessee Code Annotated section 39-6-417 (1982) (repealed 1989). Because the petition was filed decades beyond the applicable statute of limitations and because the petitioner failed to either allege or prove a statutory exception to the timely filing or a due process tolling of the statute of limitations, we affirm the judgment of the post-conviction court.

Shelby County Court of Criminal Appeals 11/26/14
Timothy A. Baxter v. State of Tennessee
W2013-02427-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan Jr.

A Madison County jury found the Petitioner, Timothy A. Baxter, guilty of aggravated assault, and the trial court sentenced him to a twelve-year sentence in the Tennessee Department of Correction. The Petitioner appealed, and this Court affirmed the conviction in State v. Timothy A. Baxter, No. W2012-00361-CCA-R3-CD, 2013 WL 1197867 (Tenn. Crim. App., at Jackson, March 25, 2013), perm. app. denied (Tenn. June 13, 2013). The Petitioner filed a petition for post-conviction relief, pro se, which he later amended with the assistance of counsel. The Petitioner subsequently filed a motion requesting that the post-conviction judge recuse himself. The post-conviction court held an evidentiary hearing on the motion to recuse and the petition for post-conviction relief, after which it denied both. On appeal, the Petitioner contends that the post-conviction court erred when it denied his post-conviction petition because he received the ineffective assistance of counsel at trial, and he further contends that the post-conviction court erred when it denied his motion to recuse because there was a reasonable basis for questioning the post-conviction judge’s impartiality. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgments.

Madison County Court of Criminal Appeals 11/26/14
State of Tennessee v. Desmond O'Brian Anderson and Camillia Harrison
W2013-02162-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

A Madison County jury convicted Desmond Obrian Anderson of aggravated burglary, especially aggravated kidnapping, and aggravated robbery. The jury convicted Camillia Harrison of aggravated burglary and aggravated robbery. The trial court ordered the defendants to serve effective sentences of twenty years in the Tennessee Department of Correction. On appeal, Defendant Anderson asserts that: (1) the evidence is insufficient to support his convictions; (2) the trial court improperly denied his motion to sever after his codefendant had testified; and (3) the trial court erred when it failed to sentence him as an Especially Mitigated Offender. Defendant Harrison asserts that: (1) the trial court should have admitted the transcript of the preliminary hearing into evidence; and (2) the trial court should have severed the defendants’ charges in this case. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Madison County Court of Criminal Appeals 11/26/14
State of Tennessee v. James Tremelle Hunt
M2013-01649-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Randall Wyatt

In this delayed direct appeal, the defendant, James Tremelle Hunt, challenges the sufficiency of the evidence to support his 2011 Davidson County Criminal Court jury convictions of one count of aggravated rape, one count of aggravated robbery, one count of attempted aggravated robbery, two counts of especially aggravated kidnapping, and two counts of aggravated assault.  Because the defendant failed to file a timely petition for post-conviction relief, the trial court lacked jurisdiction to grant the delayed appeal in this case.  As a result, the appeal must be dismissed.

Davidson County Court of Criminal Appeals 11/26/14
Jeremy Shane Grooms v. Gerald McAlister, Warden
E2014-01249-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Rex Ogle

In 2009, the Petitioner, Jeremy Shane Grooms, pleaded guilty to theft of property valued over $1,000 and aggravated burglary, and he was sentenced to eight years. One year of his sentence was to be served in jail, with the remainder to be served on community corrections. In December of 2009, a warrant was issued for the Petitioner’s arrest, alleging that he had violated his community corrections sentence by driving under the influence (“DUI”) and by attempting to break into and enter a vehicle. The warrant stated that the Petitioner had been sentenced to twelve years of community corrections for his original convictions. In 2014, the Petitioner filed a petition for habeas corpus relief, contending that his sentence had expired. The trial court dismissed the Petitioner’s petition. On appeal, the Petitioner contends that the trial court erred when it dismissed his petition because “it met the qualifications for relief under the statute.” The State counters that the appeal is untimely and further that the habeas corpus court properly dismissed the petition. After a thorough review of the record, we affirm the habeas corpus court’s dismissal of the Petitioner’s petition for habeas corpus relief.

Cocke County Court of Criminal Appeals 11/25/14
State of Tennessee v. Justin Andrew Jones
E2014-00036-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Rex Henry Ogle

Appellant, Justin Andrew Jones, pleaded guilty to driving under the influence of an intoxicant and was sentenced to eleven months and twenty- ine days, suspended to probation after forty-eight hours of incarceration. As part of the plea agreement, appellant reserved a certified question of law in which he challenged the denial of his motion to suppress. On appeal, appellant argues that the trial court erred by denying his motion to suppress because the arresting officer did not have reasonable suspicion to stop appellant and because the officer was acting outside of his community caretaking function when he stopped appellant. Following our review of the briefs, the record, and the applicable law, we dismiss appellant’s appeal.

Sevier County Court of Criminal Appeals 11/25/14
State of Tennessee v. Justin William Voto
E2013-02652-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Bob R. McGee

In 2008, the Defendant, Justin William Voto, pleaded guilty to kidnapping and was granted judicial diversion for a period of ten years. In 2013, the Defendant’s supervising officer filed a warrant to revoke his judicial diversion based upon new charges. At subsequent hearings, the trial court revoked the Defendant’s judicial diversion, entered a judgment of conviction, and sentenced him to ten years of supervised probation. The Defendant filed a notice of appeal. While the appeal was pending, the Defendant’s probation officer filed a warrant to revoke his probation based upon the Defendant’s failure to follow probation requirements, and the trial court revoked the Defendant’s probation sentence and ordered him to serve his sentence in confinement. In this consolidated appeal, the Defendant asserts that the trial court erred when it revoked his judicial diversion and his probation sentence. The Defendant also asserts that the trial court’s imposition of a ten-year sentence was improper because  the proper range in this case is three to six years. After a thorough review of the record and applicable law, we affirm the trial court’s judgment revoking the Defendant’s judicial diversion, vacate the ten-year sentence imposed, and remand for a sentencing hearing.

Knox County Court of Criminal Appeals 11/24/14
State of Tennessee v. Larry Lee Smith
E2013-01162-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Bobby R. McGee

A Knox County Criminal Court jury found the Defendant, Larry Lee Smith, guilty of aggravated rape, a Class A felony, and two counts of  ggravated kidnapping, Class B felonies. See T.C.A. §§ 39-13-502, -304. The trial court merged the two counts of aggravated kidnapping and sentenced the Defendant to an effective sentence of life without parole. On appeal, the Defendant argues that: (1) the trial court erred in allowing the State to introduce evidence of his prior felony convictions; and (2) the trial court erred in the manner in which it allowed the State to present proof of his prior convictions. Finding no reversible error, we affirm the judgments of the trial court.

Knox County Court of Criminal Appeals 11/24/14
State of Tennessee v. Gregory Duff
E2013-01582-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Steven Wayne Sword

A Knox County Criminal Court jury found the Defendant, Gregory Duff, guilty of two counts of aggravated kidnapping, Class B felonies. See T.C.A. § 39-13-304. The trial court merged the two counts and sentenced him as a Range II, multiple offender to nineteen years’ imprisonment at 100 percent release eligibility. In this appeal, the Defendant argues that the evidence was insufficient to support his conviction and that the trial court erred in admitting 911 recordings into evidence. Upon review, we affirm the judgment 1 of the trial court.

Knox County Court of Criminal Appeals 11/24/14
Houston Isley v. State of Tennessee
E2014-00969-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert H. Montgomerry, Jr.

The petitioner, Houston Isley, appeals pro se from the summary dismissal of his petition for post-conviction relief, which challenged his 2012 convictions of aggravated sexual battery, incest, and attempted rape of a child and which was styled as requesting deoxyribonucleic acid “DNA”) analysis. Because the petitioner failed to allege any basis to support an order for DNA analysis and because his petition for post-conviction relief is otherwise procedurally barred, the judgment of the trial court is affirmed.

Sullivan County Court of Criminal Appeals 11/24/14
Tray D. Turner v. State of Tennessee
E2014-00666-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Bob R. McGee

The petitioner, Tray D. Turner, appeals the denial of his petition for post-conviction relief from his 2010 Knox County Criminal Court jury convictions of aggravated robbery and resisting arrest, claiming that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm.

Knox County Court of Criminal Appeals 11/24/14
State of Tennessee v. Shawn O'Neal Taliaferro
W2013-01620-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Clayburn Peeples

A Haywood County jury convicted the Defendant, Shawn O’Neal Taliaferro, of second degree murder and possession of a weapon by a convicted felon. The trial court sentenced the Defendant, as a Range II offender, to serve consecutive sentences of forty years for the second degree murder conviction and four years for the possession of a weapon by a convicted felon conviction, for a total effective sentence of forty-four years. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions; (2) the trial court improperly admitted hearsay evidence; and (3) the trial court erred when it sentenced the Defendant as a Range II offender and imposed consecutive sentences. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Haywood County Court of Criminal Appeals 11/24/14
Eric Dewayne Wallace v. State of Tennessee
W2013-02761-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Robert Carter Jr.

Petitioner, Erice Dewayne Wallace, appeals the dismissal of his second petition for postconviction. Upon a review of the record in this case, we are persuaded that the postconviction court was correct in dismissing the petition for habeas corpus relief. We also find that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the judgment of the trial court is affirmed.

Shelby County Court of Criminal Appeals 11/24/14
Mariet L. Patrick v. State of Tennessee
W2014-00909-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge R. Lee Moore Jr.

Petitioner, Mariet L. Patrick, was convicted of evading arrest in a motor vehicle, possession of .5 ounces or more of marijuana with intent to sell or deliver, and possession of .5 grams or more of cocaine with intent to sell or deliver. For these crimes, he received an effective sentence of twenty years. Petitioner timely filed a petition for post-conviction relief in which he alleged that he received ineffective assistance of counsel. The post-conviction court denied relief, finding that Petitioner failed to prove his claims by clear and convincing evidence. After a review of the record and applicable authorities, we affirm the judgment of the post-conviction court.

Dyer County Court of Criminal Appeals 11/24/14
State of Tennessee v. Renita Elaine McDonald
M2013-02666-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Mark J. Fishburn

Defendant, Renita Elaine McDonald, was convicted by a Davidson County jury of theft of property valued at $1,000 or more but less than $10,000.  As a result, the trial court sentenced her to eight years as a Range II, multiple offender, and denied all forms of alternative sentencing.  After the denial of a motion for new trial, Defendant appeals, challenging the trial court’s decision to exclude testimony on the basis that it constituted hearsay, the sufficiency of the evidence as to the value of the property taken, and the denial of alternative sentencing.  After our full review, we determine: (1) that the trial court did not err in allowing nontestimonial statements offered by a security officer from another officer while in pursuit of a shoplifter; (2) that the evidence was sufficient to support the conviction of theft of property valued at  $1,000 or more but less than $10,000 where the testimony of the store’s loss prevention supervisor regarding identity and value was accredited by the jury; and (3) that the trial court’s denial of alternative sentencing was appropriate.  Accordingly, the judgment of the trial court is affirmed.

Davidson County Court of Criminal Appeals 11/21/14