Court of Criminal Appeals Opinions

Format: 05/24/2016
Format: 05/24/2016
Zacheriah L. Holden v. State of Tennessee
M2015-00433-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Larry B. Stanley

The petitioner, Zacheriah L. Holden, appeals the denial of his petition for post-conviction relief.  He contends that he received the ineffective assistance of counsel and that his right to due process was violated.  Following our review, we affirm the judgment of the post-conviction court.

Warren County Court of Criminal Appeals 12/29/15
Bo W. Prendergast v. State of Tennessee
M2013-02869-CCA-R3-ECN
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Timothy L. Easter

This case represents the consolidated appeals from the dismissal of the petitioner’s coram nobis petition and post-conviction petition, both of which sought to overturn his 2011 conviction for theft of property valued at over $10,000 but less than $60,000.  The procedural history of these cases is complicated by the fact that both attorneys, one in the coram nobis court and one in the post-conviction court, filed “motions to reconsider” purporting to delay the trial court’s final disposition of each action.  We reiterate that motions to reconsider are not authorized by the Rules of Criminal Procedure.  Waiving the timely notice of appeal in the coram nobis action, we discern no error in the dismissal of the petition.  We reach the merits of the petitioner’s post-conviction case and affirm the denial of relief.

Williamson County Court of Criminal Appeals 12/29/15
State of Tennessee v. Ryan D. Buford
M2014-01265-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Steve R. Dozier

The defendant, Ryan D. Buford, appeals his jury convictions for first degree (felony) murder, especially aggravated robbery, a Class A felony, and tampering with evidence, a Class C felony.  The defendant asserts that the trial court erred in denying his motion to suppress his statement to police.  He also urges us to conclude that the evidence was insufficient to support his convictions because the testimony of a co-defendant was insufficiently corroborated. After a thorough review of the record, we conclude that the trial court did not err in denying the motion to suppress and that the evidence is sufficient to support the convictions, and we affirm the judgments of the trial court.

Davidson County Court of Criminal Appeals 12/29/15
Randall K. Madison v. State of Tennessee
M2014-01942-CCA-R3-PC
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Mark J. Fishburn

The petitioner, Randall K. Madison, appeals the denial of his petition for post-conviction relief.  Following merger of alternative offenses, the petitioner stands convicted of twelve counts of rape and one count of forgery.  For these convictions he received an effective sentence of thirty-five years in the Department of Correction.  On appeal, he contends that it was error to deny his petition for relief because he was denied his right to the effective assistance of counsel.  Following a thorough review of the record before us, we affirm the judgment of the post-conviction court.

Davidson County Court of Criminal Appeals 12/29/15
State of Tennessee v. Jarquese Antonio Askew
M2014-01400-CCA-R3-CD
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Monte Watkins

Defendant, Jarquese Antonio Askew, was indicted by the Davidson County Grand Jury in a three-count indictment with first degree premeditated murder, felony murder, and especially aggravated robbery.  Prior to trial, Defendant filed a “Motion to Recuse Prosecuting Attorney.”  Following a hearing, the trial court denied Defendant’s motion.  A jury convicted Defendant of the lesser-included offenses of facilitation of voluntary manslaughter in Count 1 and criminally negligent homicide in Count 2, and Defendant was convicted as charged in Count 3 of especially aggravated robbery.  The trial court merged Count 2 into Count 1 and sentenced Defendant to three years in Count 1 and 17 years in Count 3, to be served concurrently.  In this appeal as of right, Defendant asserts that the trial court erred by denying his motion to disqualify the prosecutor, and Defendant challenges the sufficiency of the convicting evidence.  Having carefully reviewed the record before us and the briefs of the parties, we affirm the judgments of the trial court.

Davidson County Court of Criminal Appeals 12/29/15
State of Tennessee v. Margaret Laverne Riddle
E2014-01037-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge David R. Duggan

A Blount County Circuit Court Jury convicted the Appellant, Margaret Laverne Riddle, of one count of vehicular homicide. On appeal, the Appellant challenges the trial court's denial of her motions to suppress the results of a blood alcohol test, arguing that (1) the State did not have valid consent to obtain the sample and (2) her due process rights were violated by the destruction of the blood sample before she was indicted and could have the sample tested. Upon review, we affirm the judgment of the trial court.

Blount County Court of Criminal Appeals 12/29/15
Michael V. Morris v. State of Tennessee
M2015-01113-CCA-R3-ECN
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Monte D. Watkins

The pro se petitioner, Michael V. Morris, appeals the summary dismissal of his petition for writ of error coram nobis, arguing that due process requires that the statute of limitations for filing his petition be tolled because Sutton v. Carpenter, 745 F. 3d 787 (6th Cir. 2014), which he interprets as establishing that he has the right to effective assistance of post-conviction counsel, was not released until after the time limit for filing the petition had expired.  Following our review, we affirm the summary dismissal of the petition as time-barred pursuant to Rule 20, Rules of the Court of Criminal Appeals.

Davidson County Court of Criminal Appeals 12/29/15
State of Tennessee v. Gerald Dewayne Triplett
W2015-00163-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Roy B. Morgan, Jr.

Defendant, Gerald Dewayne Triplett, appeals his conviction for one count of being a felon in possession of a firearm. Defendant raises the following issues on appeal: (1) that the trial court erred in its evidentiary rulings with regard to hearsay statements and impeachment of a witness with a prior inconsistent statement; (2) that the evidence is insufficient to sustain his conviction; and (3) that the trial court erred in denying his motion for judgment of acquittal. Based upon our review of the record, we affirm the judgment of the trial court.

Madison County Court of Criminal Appeals 12/29/15
State of Tennessee v. Dewayne Pickins
W2015-00368-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Donald H. Allen

Dewayne Pickins (“the Defendant”) was indicted with one count each of aggravated assault, attempted aggravated assault, and violating an order of protection. Prior to trial, the State voluntarily dismissed the charge of violating an order of protection. At the close of the State’s case-in-chief, the trial court granted the Defendant’s motion for judgment of acquittal as to the aggravated assault charge. The jury convicted the Defendant of attempted aggravated assault. On appeal, the Defendant argues that (1) the evidence was insufficient to support his conviction for attempted aggravated assault and (2) the trial court erred in refusing to allow the Defendant to cross-examine the victim about her prior convictions. Discerning no error, we affirm the judgment of conviction of the trial court.

Madison County Court of Criminal Appeals 12/29/15
State of Tennessee v. Kimberly Ann Phillips
M2015-00659-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Stella L. Hargrove

The Defendant-Appellant, Kimberly Ann Phillips, appeals the trial court’s revocation of her probation and reinstatement of her effective eight-year sentence in the Department of Correction.  On appeal, the Defendant-Appellant argues that the trial court abused its discretion because no “substantial” violation of her probation had occurred.  We affirm the judgment of the trial court.

Lawrence County Court of Criminal Appeals 12/29/15
State of Tennessee v. Curtis Colston
M2015-00761-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Justin C. Angel

Pursuant to his plea agreement, the Defendant-Appellant, Curtis Colston, entered a guilty plea to aggravated assault and received a sentence of six years, with the manner of service to be determined by the trial court.  In this appeal, Colston argues that the trial court abused its discretion by denying his request for an alternative sentence.  Upon our review, we affirm the sentence and remand for entry of a corrected judgment.

Grundy County Court of Criminal Appeals 12/29/15
Christopher M. Black v. State of Tennessee
M2014-01607-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Monte Watkins

Petitioner received an effective sentence of fifty years in the Department of Correction.  On direct appeal, this court affirmed the Petitioner’s convictions and sentence.  Thereafter, the Petitioner filed a petition for post-conviction relief, which was denied following a hearing.  On appeal from the denial of post-conviction relief, the Petitioner contends that he received ineffective assistance of counsel based upon trial counsel’s failure to hire a DNA expert to analyze the evidence against the Petitioner.  Following our review, we affirmed the judgment of the post-conviction court.  Thereafter, the Tennessee Supreme Court granted the Petitioner’s application for permission to appeal and remanded the matter to the post-conviction court for the entry of a supplemental order denying the petition.  The post-conviction court complied with the remand order and filed a supplemental order with this court.  Upon reconsideration of the Petitioner’s case, we affirm the judgment of the post-conviction court.

Davidson County Court of Criminal Appeals 12/29/15
State of Tennessee v. Victor Dyson
W2014-01818-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James C. Beasley, Jr.

The Defendant-Appellant, Victor Dyson, was convicted by a Shelby County jury of two counts of aggravated assault and one count of theft of property valued at less than five hundred dollars. As a Range III, persistent offender, he was sentenced to fifteen years, eleven months and twenty-nine days in the Tennessee Department of Correction. On appeal, the Defendant-Appellant argues: (1) the trial court erred in admitting evidence of prior bad acts in violation of Tennessee Rules of Evidence 403 and 404(b); (2) the trial court erred in refusing to instruct the jury on the law of self-defense; (3) the trial court erred by denying the Defendant-Appellant's motion for new trial based on insufficient evidence; (4) the trial court erred in denying the Defendant-Appellant's motion for a mistrial after the prosecutor referred to the trial court's refusal to instruct on self-defense; and (5) the trial court committed cumulative errors which, taken together, denied the Defendant-Appellant his constitutional right to a fair trial. Upon our review, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 12/28/15
State of Tennessee v. Christopher Farrow
W2014-02310-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee Coffee

The Petitioner, Christopher Farrow, appeals the Shelby County Criminal Court’s summary dismissal of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Petitioner asserts that the trial court erred by summarily dismissing his motion. Upon review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 12/28/15
State of Tennessee v. Travis Boyd and Rodriccus Funzie
W2014-00676-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge James C. Beasley, Jr.

Appellants, Travis Boyd and Rodriccus Funzie, were jointly indicted and tried for first degree murder. Upon verdicts of guilty as to each appellant, the trial court imposed a mandatory sentence of life in prison. Appealing their convictions, both appellants challenge the sufficiency of the convicting evidence and the trial court's admission of recorded jail conversations. Appellant Boyd challenges the trial court's ruling allowing testimony concerning an altercation between Boyd and the victim that occurred on the Saturday night prior to the murder; the admission of evidence gathered during the course of Boyd's allegedly illegal forty-eight-hour hold; the trial court's ruling allowing identifications of Boyd by five witnesses; and the State's failure to provide complete discovery. Appellant Funzie challenges the trial court's admission of two witnesses' statements as substantive evidence. Following our review, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 12/23/15
State of Tennessee v. Jerome Sanders
W2014-01513-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lee V. Coffee

Defendant, Jerome Sanders, was indicted for first degree murder, first degree felony murder, and especially aggravated robbery for his role in the robbery and shooting death of Martin Webster in Memphis in 2010. A jury found Defendant guilty as charged. The trial court merged the first degree murder conviction with the felony murder conviction and sentenced Defendant to life in prison for the felony murder conviction and to twenty-five years for the especially aggravated robbery conviction. The sentences were ordered to be served consecutively. In this direct appeal, Defendant raises twelve issues for review: (1) whether the trial court erred by denying a motion to dismiss the indictment based on the State's failure to preserve potentially exculpatory evidence; (2) whether the trial court erred by denying the motion to suppress Defendant's statement; (3) whether the trial court erred in denying a motion to recuse; (4) whether the trial court improperly admitted evidence of admissions made by Defendant; (5) whether the trial court improperly prevented a psychological expert from testifying at trial; (6) whether the trial court improperly admitted evidence of Defendant's prior bad acts in violation of Tennessee Rule of Evidence 404(b); (7) whether the trial court erred by allowing the State to admit evidence of an alleged oral statement of Defendant that was not provided to Defendant in discovery; (8) whether the trial court's actions resulted in a violation of Defendant's right to confrontation; (9) whether the State committed prosecutorial misconduct in its closing argument; (10) whether the trial court erred by refusing to grant a new trial when there was a juror asleep during trial; (11) whether the evidence was sufficient to support the convictions; and (12) whether cumulative error requires the reversal of his convictions. After a review of the evidence and authorities, we determine Defendant is not entitled to relief. Accordingly, the judgments of the trial court are affirmed.

Shelby County Court of Criminal Appeals 12/23/15
Deangelo White v. State of Tennessee
W2015-00926-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Roy B. Morgan, Jr.

Petitioner, Deangelo White, was convicted of two counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated burglary, one count of evading arrest, and one count of simple possession. He received an effective sentence of forty years. The convictions were affirmed on direct appeal. Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. After a review, we determine that Petitioner has failed to prove by clear and convincing evidence that he is entitled to post-conviction relief. Accordingly, the judgment of the post-conviction court is affirmed.

Madison County Court of Criminal Appeals 12/23/15
State of Tennessee v. Kendall McKenzie Kin Eayrs - concurring in results
E2014-02072-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Richard R. Vance
TIMOTHY L. EASTER, J., concur.
 
Because of the manner in which the trial court terminated the presentation of evidence at the suppression hearing, I am hemmed in and must reluctantly agree with the majority.
 
Sevier County Court of Criminal Appeals 12/22/15
State of Tennessee v. Kendall McKenzie Kin Eayrs
E2014-02072-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Richard R. Vance

Following the denial of her motion to suppress, the Defendant-Appellant, Kendall McKenzie Kin Eayrs, entered a guilty plea to driving under the influence, reserving three certified questions of law challenging the legality of her stop. Because the trial court erred in denying the motion to suppress after holding that the officer had probable cause or reasonable suspicion to stop Eayrs's vehicle for being illegally parked in a turn lane, we reverse the judgment of the trial court, vacate Eayrs's guilty plea, and dismiss the indictment.

Sevier County Court of Criminal Appeals 12/22/15
State of Tennessee v. Ziberia Marico Carero
E2015-00140-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven Wayne Sword
Defendant, Ziberia Marico Carero, was charged in a presentment by the Knox County Grand Jury in Count One with possession of cocaine in a school zone with intent to sell; in Count Two with possession of cocaine in a school zone with intent to deliver; in Count Three with sale of cocaine; and in Count Four with delivery of cocaine for his role in a sale of cocaine to a confidential informant. Defendant was also charged in Count Five with a criminal gang offense enhancement pursuant to Tennessee Code Annotated section 40-35-121. After a jury trial, Defendant was convicted of the charges in Counts One through Four. In a bifurcated trial, the jury found Defendant not guilty of the criminal gang offense enhancement. The trial court merged Count Two into Count One and merged Count Four into Count Three. The trial court sentenced Defendant to concurrent sentences of twenty-three years and eighteen years. On appeal, Defendant challenges the sufficiency of the evidence and his sentences. Defendant also argues that the trial court improperly refused to merge all four of the convictions into a single conviction. After a review of the record, we determine that the evidence was sufficient to support the convictions. However, we conclude that the multiple convictions violate double jeopardy principles and, therefore, should have been merged into one conviction for possession of cocaine in a school zone with the intent to sell. As a result, we merge all four convictions into Count One and remand the matter for entry of separate, corrected judgment forms for Counts One through Four in light of the supreme court‟s recent order in State v. Marquize Berry, No. W2014-00785-SC-R11-CD, 2015 WL _____ (Tenn. Nov. 16, 2015) (per curiam order).
 
Knox County Court of Criminal Appeals 12/22/15
State of Tennessee v. Elvis Strickland
W2015-00153-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Elvis Strickland, was convicted by a Shelby County Criminal Court jury of aggravated arson, a Class A felony, and was sentenced to forty years in the Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 12/22/15
State of Tennessee v. Antwon Thomas
W2014-00788-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Robert Carter, Jr.

A Shelby County Criminal Court Jury convicted the appellant, Antwon Thomas, of assault by bodily injury and domestic assault, Class A misdemeanors. The trial court sentenced the appellant to eleven months, twenty-nine days for each conviction to be served as two years on probation and merged the convictions. On appeal, the appellant contends that the trial court committed plain error by failing to admit the entire recording of the victim's 911 call into evidence, that the evidence is insufficient to support the convictions, that the trial court committed plain error by making improper comments on the evidence, that the trial court committed plain error by refusing to allow him to sit at counsel's table, and that the trial court committed various sentencing errors, including rendering him infamous. Based upon the record and the parties' briefs, we affirm the judgments of the trial court but remand the case to correct a clerical error in the judgment for count three rendering the appellant infamous.

Shelby County Court of Criminal Appeals 12/22/15
Michael Webster v. State of Tennessee
M2014-02019-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner, Michael Webster, appeals as of right from the Davidson County Criminal Court’s denial of his petition for post-conviction relief.  On appeal, the Petitioner contends that his trial counsel was ineffective in the following ways: (1) she failed to inform him of his preliminary hearing and waived his right to appear without his permission; (2) she did not adequately communicate with him; (3) she did not consult with him to develop a “reasonable” trial strategy; (4) she did not fully investigate or present witnesses; (5) she did not request a mistrial following “possible jury panel contamination”; and (6) she failed to make appropriate objections during his cross-examination.  Following our review, we conclude that the Petitioner is not entitled to relief, and the judgment of the post-conviction court is therefore affirmed.

Davidson County Court of Criminal Appeals 12/22/15
State of Tennessee v. Carla R. Richter
M2014-01913-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Stella Hargrove

A Maury County Circuit Court Jury convicted the Appellant, Carla R. Richter, of driving under the influence (DUI), fourth offense; driving on a revoked license; and speeding. The trial court imposed a total effective sentence of four years.  On appeal, the Appellant contends that the trial court erred by denying her motion to suppress, arguing that she did not knowingly and voluntarily consent to a blood test.  Upon review, we affirm the judgments of the trial court.

Maury County Court of Criminal Appeals 12/22/15
State of Tennessee v. Travei Pryor - concurring and dissenting
E2012-02638-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Jon Kerry Blackwood

I must respectfully dissent from the majority’s reasoned opinion with regard to its conclusion that the absence of the White instructions constituted reversible error. I would affirm the convictions as they were entered, although merging those counts which were alternatively charged. In all other regards, I join in the majority's opinion.

Knox County Court of Criminal Appeals 12/18/15