Court of Criminal Appeals Opinions

Format: 09/23/2018
Format: 09/23/2018
State of Tennessee v. Bobbie Sue Maddle
M2017-01707-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Gary S. McKenzie

The Defendant, Bobbie Sue Maddle, pleaded guilty to five counts of sale of less than .5 grams of methamphetamine, a Class C felony, and two counts of sale of more than .5 grams of methamphetamine, a Class B felony. The trial court imposed an effective fifteen-year sentence. On appeal, the Defendant contends that the trial court abused its discretion when it enhanced her sentences and when it denied her request for a sentence of split confinement with Community Corrections. The Defendant also contends that current sentencing law effectively denied appellate review on these issues. After review, we affirm the trial court’s judgments.

Putnam County Court of Criminal Appeals 06/07/18
Thomas F. Greenwood v. State of Tennessee
M2017-01314-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge L. Craig Johnson

The Petitioner, Thomas F. Greenwood, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions of felony murder during the perpetration of aggravated child neglect, reckless homicide, aggravated child abuse, and aggravated child neglect. On appeal, the Petitioner contends that trial counsel was ineffective by failing to retain an expert, present certain witnesses, and properly prepare the Petitioner for trial. Upon reviewing the record and the applicable law, we affirm the judgment of the post-conviction court.

Coffee County Court of Criminal Appeals 06/07/18
State of Tennessee v. Cameo Antoinette Edwards
W2015-01398-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Clayburn Peeples

Following a bench trial, the Defendant, Cameo Antoinette Edwards, was convicted in the Haywood County Circuit Court of assault and contributing to the delinquency of a minor, both Class A misdemeanors. The trial court subsequently sentenced her to concurrent terms of eleven months, twenty-nine days for each conviction, suspended to supervised probation following service of thirty days in the county jail. On appeal, the Defendant argues that the evidence is insufficient to sustain her convictions and that the trial court erred by not granting her full probation. Following our review, we affirm the judgments of the trial court.

Haywood County Court of Criminal Appeals 06/06/18
State of Tennessee v. Christopher Orlando Lyles
W2017-00292-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The Defendant, Christopher Orlando Lyles, was convicted by a Madison County Circuit Court jury of first degree felony murder; second degree murder, a Class A felony; two counts of especially aggravated kidnapping, Class A felonies; three counts of attempted aggravated robbery, Class C felonies; and aggravated burglary, a Class C felony, and was sentenced to an effective term of life imprisonment. On appeal, the Defendant argues that the trial court erred in granting the State two continuances and that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 06/06/18
Jermaine Rashad Carpenter v. Tamara Ford, Warden
W2017-01383-CCA-R3-HC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Joe H. Walker, III

The pro se Petitioner, Jermaine Rashad Carpenter, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the dismissal of the petition.

Hardeman County Court of Criminal Appeals 06/06/18
Michael D. Williams v. State of Tennessee
M2017-01765-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Michael D. Williams, appeals from the post-conviction court’s summary dismissal of his petition for post-conviction relief. The Petitioner argues, for the first time on appeal, that summary dismissal was improper because principles of due process require due process tolling. Upon review, we conclude that the Petitioner has waived his due process claim and affirm summary dismissal.

Davidson County Court of Criminal Appeals 06/06/18
State of Tennessee v. Brian C. Frelix
M2017-00388-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph A. Woodruff

A Williamson County jury convicted the Defendant, Brian C. Frelix, of four counts of aggravated robbery, four counts of aggravated assault, one count of aggravated burglary, and one count of theft of property valued at one thousand dollars or more, but less than ten thousand dollars. After a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of thirty-eight years in the Tennessee Department of Correction. On appeal, the Defendant asserts that the trial court improperly: (1) denied his motion to suppress; (2) allowed Special Agent Andrew Vallee to testify based upon unreliable phone records; (3) admitted letters and testimony constituting hearsay; (4) admitted the victim’s stolen credit cards; (5) admitted information from a co-defendant’s Facebook page; and (6) imposed consecutive sentences. After review, we affirm the trial court’s judgments.

Williamson County Court of Criminal Appeals 06/06/18
State of Tennessee v. Ernesto Delgadilo Rodriquez
E2017-00369-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Bobby R. McGee

A Knox County jury convicted the Defendant, Ernesto Delgadilo Rodriguez, of resisting arrest and assault. The trial court sentenced the Defendant to six months for the resisting arrest conviction and to eleven months and twenty-nine days for the assault conviction. On appeal, the Defendant challenges (1) a jury instruction of the definition of “arrest”; (2) the sufficiency of the evidence; and (3) the admissibility of evidence regarding alcohol and drug use. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.

Knox County Court of Criminal Appeals 06/05/18
State of Tennessee v. Timothy Wayne Tidwell
M2017-00642-CCA-R3-CD
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Franklin L. Russell

Defendant, Timothy Wayne Tidwell, was indicted by the Bedford County Grand Jury for one count of arson. Defendant was convicted as charged by a jury and sentenced by the trial court as a Range III offender to 15 years in the Tennessee Department of Correction. In this appeal as of right, Defendant contends that the evidence at trial was insufficient to support his conviction and that his sentence was excessive. Finding no error, we affirm the judgment of the trial court.

Bedford County Court of Criminal Appeals 06/05/18
State of Tennessee v. Richard Lebron Madden, Sr.
E2017-01281-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Richmond Lebron Madden, Sr., was convicted by a jury of one count of possession of 0.5 grams or more of methamphetamine with intent to sell or deliver. On appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support his conviction; (2) the trial court erred in allowing a witness to testify about the Defendant’s relationship with his co-defendant and his living arrangements; (3) the trial court erred in denying his motion to suppress, which challenged the legality of the stop resulting in the Defendant’s arrest; and (4) the trial court abused its discretion by denying the Defendant an alternative sentence and sentencing him to nine years and six months of incarceration. Following our review, the judgment of the trial court is affirmed and remanded for entry of a corrected judgment.

Rhea County Court of Criminal Appeals 06/05/18
State of Tennessee v. Mario Perkins
W2017-01941-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Chris Craft

The Appellant, Mario Perkins, is appealing the trial court’s denial of his motion to withdraw his guilty plea and to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Shelby County Court of Criminal Appeals 06/04/18
State of Tennessee v. Miko T. Burl
W2017-01911-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Glenn Ivy Wright

The Appellant, Miko T. Burl, is appealing the trial court’s denial of his motion to correct an illegal sentence. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

Shelby County Court of Criminal Appeals 06/04/18
Danny Anderson v. State of Tennessee
E208-00191-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Justin C. Angel

The Petitioner, Danny Anderson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus. We conclude that the Petitioner’s notice of appeal was untimely filed, and the interest of justice does not support waiver of the timely filing requirement. Therefore, we dismiss the appeal.

Bledsoe County Court of Criminal Appeals 06/01/18
Charles D. Johnson v. State of Tennessee
E2018-00112-CCA-R3-HC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Justin C. Angel

The Petitioner, Charles D. Johnson, appeals the habeas corpus court’s dismissal of his petition for writ of habeas corpus in which the Petitioner argued that he was never indicted on his convicted offense. After a thorough review of the record and applicable law, we affirm the dismissal of his petition in accordance with Rule 20, Rules of the Court of Criminal Appeals.

Bledsoe County Court of Criminal Appeals 06/01/18
Quincy Moutry v. State of Tennessee
E2017-00353-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge G. Scott Green

The Petitioner, Quincy Moutry, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he challenged his convictions for carjacking, aggravated robbery, and possession of a firearm with the intent to go armed during the commission of a dangerous felony and his effective twenty-seven-year sentence. On appeal, the Petitioner asserts that he received ineffective assistance of counsel at trial. Upon reviewing the record and the applicable law, we affirm the judgment of the postconviction court.

Knox County Court of Criminal Appeals 06/01/18
State of Tennessee v. Quintis McCaleb
E2017-01381-CCA-R9-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Barry A. Steelman

The State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure, appeals the trial court’s grant of Defendant’s motion to suppress inculpatory statements made during his post-polygraph interview. The trial court found that the statements were voluntary but determined that they were inadmissible under Tennessee Rule of Evidence 403 because Defendant would be required to reference the polygraph examination to provide context for Defendant’s statements made during the post-polygraph interview. Concluding that the trial court abused its discretion by excluding the statements, we reverse the judgment of the trial court and remand this case for further proceedings consistent with this opinion.

Hamilton County Court of Criminal Appeals 06/01/18
State of Tennessee v. Nelson Troglin
E2017-00701-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Thomas W. Graham

Defendant, Nelson Troglin, appeals the Bledsoe County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence for his 2000 conviction for second degree murder, for which he received a sentence of 23 years. Defendant contends the trial court erred by summarily dismissing his motion. We affirm the judgment of the trial court.

Bledsoe County Court of Criminal Appeals 06/01/18
Leopold Mpawinayo v. State of Tennessee
M2017-01660-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Mark Fishburn

The Petitioner, Leopold Mpawinayo, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his 2015 convictions for two counts of violating the habitual motor vehicle offender (HMVO) law and his effective six-year sentence. The Petitioner contends that the court erred by denying relief because he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Davidson County Court of Criminal Appeals 06/01/18
James Odell Osborne v. State of Tennessee
M2016-02053-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Petitioner, James Odell Osborne, appeals the Marshall County Circuit Court’s denial of his petition for post-conviction relief from his 2015 convictions for three counts of failure to appear, misdemeanor theft, and felony theft and his effective nine-year sentence. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

Marshall County Court of Criminal Appeals 06/01/18
State of Tennessee v. Thomas A. Ryan
M2017-01599-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Dee David Gay

After entering guilty pleas to four counts of aggravated statutory rape, Defendant, Thomas A. Ryan, was sentenced to four years for each conviction. After a lengthy sentencing hearing, the trial court ordered the sentences to be served consecutively, for a total effective sentence of sixteen years and denied all forms of alternative sentencing. Defendant appeals his sentence to this Court. Because we determine that the trial court did not abuse its discretion in sentencing Defendant to an effective sentence of sixteen years, we affirm the judgments of the trial court.

Sumner County Court of Criminal Appeals 06/01/18
State of Tennessee v. Leonardo Williams
W2017-00702-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The pro se Defendant, Leonardo Williams, appeals from the trial court’s denial of his “Motion to Vacate, Set Aside, or Correct an Illegal Sentence.” Following our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 05/31/18
State of Tennessee v. Jennifer Lynn Mosier
W2017-01125-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Donald H. Allen

The Defendant, Jennifer Lynn Mosier, entered a nolo contendere plea to DUI in the Madison County Circuit Court and was sentenced to 11 months, 29 days in the county jail, suspended after 48 hours. As a condition of her guilty plea, she attempted to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) regarding the validity of the arrest warrant. Because we agree with the State that the Defendant failed to comply with the strict requirements for properly certifying a question of law, we dismiss the appeal for lack of jurisdiction.

Madison County Court of Criminal Appeals 05/31/18
State of Tennessee v. John Baskins
E2017-00795-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Bob R. McGee

The defendant, John Baskins, appeals his Knox County Criminal Court guilty-pleaded convictions of rape of a child and especially aggravated sexual exploitation of a minor, claiming that the trial court erred in the misapplication of an enhancement factor and that the 40-year sentence imposed was excessive. Discerning no error, we affirm.

Knox County Court of Criminal Appeals 05/31/18
State of Tennessee v. Ronald Wayne Gilbert
E2017-00396-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Robert E. Lee Davies

The defendant, Ronald Wayne Gilbert, appeals his Sevier County Criminal Court jury convictions of especially aggravated kidnapping and aggravated assault, challenging both the trial court’s denial of his motion to strike the victim’s testimony and his motion to dismiss based upon the failure to preserve certain evidence. We affirm the convictions and sentence but remand for correction of a clerical error in the judgment.

Sevier County Court of Criminal Appeals 05/29/18
State of Tennessee v. Jasper Vick
W2017-02164-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The defendant, Jasper Vick, appeals from the Shelby County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. The defendant contends his sentences are illegal because the court clerk failed to sign his original and superseding indictments. Discerning no error, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 05/25/18