Court of Criminal Appeals Opinions

Format: 08/30/2016
Format: 08/30/2016
State of Tennessee v. Jimmy Wilson
W2015-01786-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The defendant, Jimmy Wilson, was indicted for theft of property valued at $1000 or more but less than $10,000, in violation of Tennessee Code Annotated section 39-14-103, after unlawfully receiving of $5,875.72 in travel reimbursements from the U.S. Department of Veterans Affairs. Following trial, a jury found the defendant guilty of the same. On appeal, the defendant argues that there was insufficient evidence to support his conviction. Following our review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 08/10/16
Michael Lamar Gaines v. State of Tennessee
M2015-01410-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Justin C. Angel

Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings.  Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case.  Accordingly, the appeal is dismissed.

Marion County Court of Criminal Appeals 08/10/16
Michael Lamar Gaines v. State of Tennessee
M2015-01410-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Justin C. Angel

Petitioner, Michael Lamar Gaines, filed a motion to reopen post-conviction proceedings.  Because he failed to comply with the statutory requirements for seeking discretionary review of the dismissal of his motion, this Court has no jurisdiction over the case.  Accordingly, the appeal is dismissed.

Marion County Court of Criminal Appeals 08/10/16
State of Tennessee v. Mark Rollins
M2016-00162-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David Bragg

The defendant, Mark Rollins, pleaded guilty to first offense driving under the influence of an intoxicant and reserved as a certified question the propriety of the vehicle stop leading to his arrest.  Discerning no error, we affirm.

Rutherford County Court of Criminal Appeals 08/10/16
State of Tennessee v. John G. Apfel aka Raymond Debartolomies
M2015-00944-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Stella L. Hargrove

A Lawrence County Circuit Court Jury convicted the Appellant, John Apfel aka Raymond DeBartolomies, of theft of $1,000 or more but less than $10,000.  The trial court imposed a sentence of four years.  On appeal, the Appellant challenges the sufficiency of the evidence supporting his conviction, the trial court’s denial of alternative sentencing, and the amount of restitution imposed.  Upon review, we affirm the judgment of the trial court.

Lawrence County Court of Criminal Appeals 08/10/16
State of Tennessee v. James M. Grant
M2016-00540-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, James M. Grant, appeals the denial of his motion filed pursuant to Rule 36.1 of the Tennessee Rules of Criminal Procedure in which he claimed that he received an illegal sentence after a 1998 guilty plea to one count of facilitation of first degree murder and two counts of attempted first degree murder.  Upon our review of the record and applicable authorities, we affirm the judgment of the trial court.

Davidson County Court of Criminal Appeals 08/10/16
Gregory Eidson v. State of Tennessee
M2015-01657-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Dee David Gay

In 2012, the Petitioner, Gregory Eidson, pleaded guilty to aggravated assault and attempted second degree murder, and the trial court imposed consecutive sentences of three and eight years, respectively, to be served on Community Corrections.  The Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied.  This Court affirmed the denial.  Gregory Eidson v. State, No. M2012-02482-CCA-R3-PC, 2013 WL 6405782, at *1 (Tenn. Crim. App., at Nashville, Dec. 6, 2013), perm. app. denied (Tenn. Mar. 5, 2014).  In 2014, the Petitioner’s Community Corrections sentence was revoked, and the trial court ordered the Petitioner to serve his eleven-year sentence in confinement.  After filing several motions and petitions, the Petitioner filed a petition for writ of habeas corpus, which he also termed a second motion to reopen his post-conviction petition, and a motion for correction of an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1.  The trial court entered an order dismissing the petition and motion.  We affirm the trial court’s judgments.

Sumner County Court of Criminal Appeals 08/10/16
State of Tennessee v. Dannie Brumfield
M2015-01940-CCA-R3-CD
Authoring Judge: Judge D. Kell Thomas, Jr.
Trial Court Judge: Judge David M. Bragg

The Defendant, Dannie Brumfield, appeals as of right from the Rutherford County Circuit Court’s revocation of his probation and order of confinement for six years.  The Defendant contends that the trial court abused its discretion in revoking his probation and ordering him to serve two additional sentences concurrently with the remainder of his original sentence.  Following our review, we affirm the judgments of the trial court.

Rutherford County Court of Criminal Appeals 08/10/16
State of Tennessee v. Randall Boaz
M2015-01532-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Russell Parkes

Defendant, Randall Boaz, appeals his Giles County conviction for reckless endangerment with a deadly weapon.  His single issue on appeal is a claim of insufficient evidence that he used his vehicle as a deadly weapon.  Upon our review of the record, we affirm the judgment of the trial court.

Giles County Court of Criminal Appeals 08/09/16
State of Tennessee v. Mandricuss Lashon Robertson
M2015-01935-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Mandricuss Lashon Robertson, pled guilty to twelve counts of aggravated burglary and an agreed-upon effective sentence of twenty years as a Range II, multiple offender in exchange for the dismissal of the remaining twenty-three counts of the presentment.  The trial court denied an alternative sentence after a lengthy sentencing hearing.  Defendant now appeals.  After a review, we conclude that the trial court did not abuse its discretion in imposing a sentence involving incarceration.  Accordingly, the judgments of the trial court are affirmed.

Davidson County Court of Criminal Appeals 08/09/16
State of Tennessee v. Anthony Harville
M2015-02116-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge John D. Wootten, Jr.

Defendant, Anthony Harville, was convicted of three counts of the sale of a Schedule II controlled substance and received an effective sentence of fifteen years.  Defendant appeals his convictions, challenging the sufficiency of the evidence and his sentence.  After a review, we affirm the convictions and sentences.

Smith County Court of Criminal Appeals 08/09/16
State of Tennessee v. Marcus Hampton
W2015-00780-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Marcus Hampton, appeals from the Shelby County Criminal Court’s denial of his petition to suspend the remainder of his effective four-year workhouse sentence for his convictions of aggravated assault and evading arrest. Because he has failed to show facts supporting an alteration of the sentence in the interest of justice, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 08/08/16
State of Tennessee v. Edward Allen Carter
E2015-01212-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven W. Sword

The defendant, Edward Allen Carter, pleaded guilty to possession of cocaine with intent to sell within a drug-free zone, possession of a firearm during the commission of a dangerous felony, unlawful possession of a firearm, possession of an item with a defaced serial number, evading arrest, and driving on a suspended license, and he reserved certified questions of law relative to the validity of the city ordinance that formed the basis of the traffic stop which led to his arrest. Because the certified questions are overbroad and fail to meet specificity requirements, the appeal is dismissed.

Knox County Court of Criminal Appeals 08/08/16
State of Tennessee v. Kari Diane Speck
M2016-00254-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Gary McKenzie

Appellant, Kari Diane Speck, appeals the denial of her motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1.  Because Appellant has failed to state a colorable claim that her sentences are illegal, the decision of the trial court is affirmed.

Putnam County Court of Criminal Appeals 08/08/16
State of Tennessee v. Rodney Love
M2015-02074-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Steve R. Dozier

The Appellant, Rodney Love, appeals as of right from the Davidson County Criminal Court’s denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence.  The Appellant contends that the trial court erred in concluding that Rule 36.1 relief was not available because the alleged illegal sentence had long ago expired.  Following our review, we affirm the trial court’s denial of the Appellant’s Rule 36.1 motion.

Davidson County Court of Criminal Appeals 08/08/16
Shango Aton Ramsey v. State of Tennessee
E2015-01464-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Ben W. Hooper, II

Shango Aton Ramsey (“the Petitioner”) appeals the Cocke County Circuit Court's denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance of counsel in connection with his guilty plea and that the State withheld evidence pursuant to Brady v. Maryland, 373 U.S. 83 (1962). Upon review, we affirm the judgment of the post-conviction court.

Cocke County Court of Criminal Appeals 08/08/16
State of Tennessee v. Terron Kinnie
W2015-00943-CCA-R9-CD
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge Roy B. Morgan, Jr.

Defendant, Terron Kinnie, was indicted by the Madison County Grand Jury for two counts of felony murder, two counts of aggravated robbery, and one count each of aggravated burglary and aggravated assault. Defendant filed a motion to suppress a statement he gave to the police, arguing that his statement was not voluntarily given. Following an evidentiary hearing, the trial court granted Defendant's motion to suppress, finding that Defendant's statement was coerced. The State filed a motion seeking permission to file an interlocutory appeal under Rule 9 of the Tennessee Rules of Appellate Procedure, and it was granted. Upon a thorough review of the record, we affirm the judgment of the trial court.

Madison County Court of Criminal Appeals 08/05/16
Adrian Delk v. State of Tennessee
W2015-01246-CCA-R3-PC
Authoring Judge: Presiding Judge Thomas T. Woodall
Trial Court Judge: Judge J. Robert Carter, Jr.

Petitioner, Adrian Delk, appeals from the post-conviction court’s denial of his petition for post-conviction relief and from its dismissal as time-barred of his petition for writ of error coram nobis based on newly discovered evidence. Following a thorough review of the record, we affirm the judgments of the post-conviction court and remand for entry of a corrected judgment in Case No. 13-05543 to reflect the correct code sections.

Shelby County Court of Criminal Appeals 08/05/16
State of Tennessee v. Bryant M. Hunt
W2015-02249-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Donald H. Allen

The defendant, Bryant Montrell Hunt, pled guilty to one count each of arson, aggravated burglary, and vandalism of property over $500. The plea agreement provided the defendant would be sentenced as a Range I, standard offender. Following a sentencing hearing, the trial court denied the defendant’s request for alternative sentencing and imposed the maximum sentences of six years for arson, six years for aggravated burglary, and two years for vandalism over $500, to be served concurrently in confinement. On appeal, the defendant contends the trial court erred in denying his motion for alternative sentencing. Following our review, we affirm the judgments of the trial court.

Madison County Court of Criminal Appeals 08/05/16
Anthony Dewayne Blaylock v. State of Tennessee
W2015-01560-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roy B. Morgan, Jr.

The petitioner, Anthony Dewayne Blaylock, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the judgment of the post-conviction court denying the petition.

Madison County Court of Criminal Appeals 08/04/16
Tommy L. Harris v. State of Tennessee
W2015-02132-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge J. Robert Carter Jr.

The pro se petitioner, Tommy L. Harris, appeals the post-conviction court’s dismissal of his petition for post-conviction relief and/or his petition for a corrected judgment, arguing that the court erred by summarily dismissing the petition without an evidentiary hearing or the appointment of counsel. Following our review, we affirm the dismissal of the petition.

Shelby County Court of Criminal Appeals 08/04/16
State of Tennessee David Allen Jackson
E2015-02033-CCA-R9-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, David Allen Jackson, was arrested without a warrant for driving under the influence (DUI), a Class A misdemeanor; failure to exercise due care while driving, a Class C misdemeanor; and failure to provide evidence of financial responsibility, a Class C misdemeanor. See Tenn. Code Ann. §§ 55-8-136, -10-401, -12-139. Over a year after the Defendant's arrest, he waived his right to a preliminary hearing and agreed to have his case bound over to the grand jury. The grand jury subsequently indicted the Defendant for the misdemeanor offenses listed above as well as two counts of reckless aggravated assault, a Class D felony. See Tenn. Code Ann. § 39-13-102. After the grand jury returned the indictment, the Defendant filed a motion in Sullivan County Criminal Court seeking to dismiss the misdemeanor charges. The Defendant argued that the affidavit of complaint filed following his arrest was void and that prosecution had not commenced with respect to the misdemeanor charges until after the applicable statute of limitations had expired. The trial court granted the Defendant's motion to dismiss the misdemeanor charges. The State sought and was granted an interlocutory appeal of the trial court's decision. On appeal, the State contends that the fact that the affidavit of complaint was sworn before a notary public rather than a qualified judicial officer was a mere “technical defect” that should not render it void. Following our review, we affirm the judgments of the trial court.

Sullivan County Court of Criminal Appeals 08/04/16
State of Tennessee v. Alexander Jackson
W2015-01741-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge James C. Beasley, Jr.

The defendant, Alexander Jackson, was convicted by a Shelby County Criminal Court jury of two counts of rape, which the trial court merged and sentenced him to a term of nine years. On appeal, he argues that his right against self-incrimination was violated by a statement of the prosecutor during closing argument which he asserts amounts to plain error. After review, we affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 08/03/16
State of Tennessee v. Brian J. Bledsoe
W2015-02252-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Clayburn L. Peeples

The defendant, Brian J. Bledsoe, was convicted by a Gibson County Circuit Court jury of assault, a Class B misdemeanor, and sentenced to six months in the county jail suspended after service of sixty days. On appeal, the defendant challenges the sentence imposed by the trial court. After review, we affirm the judgment of the trial court. However, we remand for entry of a corrected judgment, reflecting that the defendant’s sentence is suspended after service of sixty days.

Gibson County Court of Criminal Appeals 08/03/16
State of Tennessee v. Jeffrey Lynn Whitehead
M2016-00160-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Jill B. Ayers

The defendant, Jeffrey L. Whitehead, appeals the order of the Montgomery County Circuit Court denying his motion to waive costs.  Because this court lacks jurisdiction of the defendant’s claim, the appeal is dismissed.

Montgomery County Court of Criminal Appeals 08/03/16