Court of Criminal Appeals Opinions

Format: 04/18/2014
Format: 04/18/2014
Martha Ann Freeman v. State of Tennessee
M2011-01617-CCA-R3-PC
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner, Martha Ann Freeman, appeals from the Davidson County Criminal Court’s denial of her petition for post-conviction relief from her conviction for first degree murder, for which she is serving a life sentence. She contends that trial counsel provided the ineffective assistance of counsel in the plea bargaining process. We affirm the judgment of the trial court.

Davidson County Court of Criminal Appeals 03/31/14
State of Tennessee v. Joshua Matthew Cline
M2013-01846-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Michael R. Jones

Appellant, Joshua Matthew Cline, pleaded guilty to two counts of rape of a child. The trial court sentenced him to consecutive terms of twenty-five years in the Tennessee Department of Correction. On appeal, appellant argues that the trial court abused its discretion by imposing consecutive sentences. Following our review, we affirm the judgments of the trial court.

Montgomery County Court of Criminal Appeals 03/31/14
State of Tennessee v. Herlana Brewer
W2013-00682-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge James C. Beasley Jr.

The Defendant, Herlana Brewer, challenges the trial court’s revocation of her community corrections sentence, imposition of full incarceration, and increase to the length of her effective sentence. Specifically, she contends that the trial court did not follow the requirements of Tennessee Code Annotated section 40-35-210 in revoking her community corrections sentence and improperly increased the length of her sentence on one of the offenses based upon her extensive criminal history and behavior. Upon consideration of the record and applicable authorities, we affirm the judgments of the trial court.

Shelby County Court of Criminal Appeals 03/28/14
State of Tennessee v. Deshundric Dennis
W2012-02236-CCA-MR3-CD
Authoring Judge: Judge James Curwood Witt Jr.
Trial Court Judge: Judge L.T. Lafferty

The defendant, Deshundric Dennis, appeals his Shelby County Criminal Court jury conviction of aggravated assault, for which he received a three-year Range I sentence. On appeal, the defendant challenges the sufficiency of the convicting evidence. Discerning no error, we affirm.

Shelby County Court of Criminal Appeals 03/28/14
State of Tennessee v. Erique Richardson
W2012-01866-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge John T. Fowlkes Jr.

The Defendant, Erique Richardson, was convicted by a Shelby County Criminal Court jury of being a felon in possession of a handgun, a Class E felony. See T.C.A. § 39-17-1307 (2010) (amended 2013). He was sentenced as a Range II, multiple offender to three years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction and (2) the trial court denied his right to counsel. We affirm the judgment of the trial court.

Shelby County Court of Criminal Appeals 03/28/14
Fernandez Deon Davenport v. Arvil Champman, Warden
M2013-01680-CCA-R3-HC
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Jim T. Hamilton

Fernandez Deon Davenport (“the Petitioner”) filed a petition for a writ habeas corpus regarding his conviction of second degree murder. The habeas corpus court summarily dismissed the petition, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment.

Wayne County Court of Criminal Appeals 03/28/14
State of Tennessee v. Wayne Charles Green
M2013-01082-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Thomas W. Graham

Wayne Charles Green (“the Defendant”) pleaded guilty to theft of property of $60,000 or more.  Pursuant to the plea agreement, the trial court sentenced the Defendant to a sentence of ten years. Following a sentencing hearing, the trial court ordered this sentence to be served in incarceration and ordered the Defendant to pay restitution of $123,901.22. On appeal, the Defendant argues that the trial court erred in denying probation or other alternative sentencing. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court.

Grundy County Court of Criminal Appeals 03/28/14
Andre De La Rey Rossouw v. State of Tennessee
M2013-00604-CCA-R3-CO
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner, Andre De La Rey Rossouw, pleaded guilty in 2001 to stalking. On July 27, 2012, the Petitioner filed a petition for writ of error coram nobis arguing that his guilty plea was constitutionally invalid. Following a hearing, the coram nobis court denied the petition, and the Petitioner timely appealed. After a careful review of the record, we affirm the judgment of the coram nobis court.

Davidson County Court of Criminal Appeals 03/28/14
Antonio Dwayne Johnson v. State of Tennessee
M2013-01919-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John H. Gasaway

The Petitioner, Antonio Dwayne Johnson, appeals the Montgomery County Circuit Court’s denial of his petition for post-conviction relief from his conviction of selling one-half gram or more of cocaine, a Class B felony, and resulting twelve-year sentence. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court.

Montgomery County Court of Criminal Appeals 03/27/14
State of Tennessee v. Jimmie Lee Reeder
M2013-02093-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Larry Wallace

The appellant, Jimmie Lee Reeder, pled guilty in the Cheatham County Circuit Court to two counts of domestic assault and received consecutive sentences of eleven months, twenty-nine days to be served on supervised probation. Subsequently, the trial court revoked his probation and ordered that he serve the balance of his sentences in confinement. On appeal, the appellant contends that the trial court improperly combined his probation revocation hearing with a sentencing hearing for additional convictions and that the trial court should have dismissed the probation revocation proceeding because it violated his rights to due process and a speedy trial. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
 

Cheatham County Court of Criminal Appeals 03/27/14
State of Tennessee v. Mohammed R. Islam
M2013-01182-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Steve Dozier

In the October 2011 term, Appellant, Mohammed Rafiqul Islam, was indicted by the Davidson County Grand Jury for two counts of especially aggravated kidnapping, three counts of aggravated assault, one count of aggravated burglary, and four counts of violation of an order of protection. Appellant pled guilty to two counts of kidnapping, three counts of aggravated assault, one count of aggravated burglary, and one count of violating an order of protection. The trial court sentenced Appellant to an effective sentence of fifteen years. On appeal, Appellant argues that the trial court erred in setting the length of the sentence, in denying alternative sentencing, and in imposing consecutive sentences. After a thorough review of the record, we conclude that there was no abuse of discretion. Therefore, we affirm the judgments of the trial court.

Davidson County Court of Criminal Appeals 03/27/14
David Neal Davis v. State of Tennessee
M2012-02643-CCA-R3-CD
Authoring Judge: Judge Jerry L. Smith
Trial Court Judge: Judge Don R. Ash

Petitioner, David Neal Davis, was indicted by the Rutherford County Grand Jury on four counts of aggravated sexual battery and one count of attempted aggravated sexual battery. The trial ended in a mistrial. Petitioner was subsequently charged in a superseding indictment with two counts of rape of a child, eight counts of aggravated sexual battery, solicitation of a minor, and attempted aggravated sexual battery. Petitioner was convicted of rape of a child, attempted rape of a child, seven counts of aggravated sexual battery, two counts of child abuse, and one count of attempted solicitation of a minor. See State v. David Neal Davis, No. M2009-00691-CCA-R3-CD, 2011 WL 1631828 (Tenn. Crim. App., at Nashville, Apr. 19, 2011), perm. app. denied, (Tenn. Aug. 31, 2011). He was sentenced to an effective sentence of twenty years. His convictions and sentence were affirmed on appeal. Id. at *1. Among other things, Petitioner subsequently sought post-conviction relief on the basis of ineffective assistance of counsel. After a lengthy post-conviction hearing, the post-conviction court denied relief, finding that Petitioner failed to show clear and convincing evidence that he received ineffective assistance of counsel or that he was otherwise entitled to post-conviction relief. Petitioner appeals, arguing that the post-conviction court improperly denied relief where trial counsel was ineffective for: (1) requesting a mistrial; (2) failing to adequately investigate the case, including failing to call certain witnesses at trial; (3) failing to request mental health records of the victim; (4) failing to use the prior recorded statement of the victim at trial; (5) failing to object to testimony regarding evidence of other crimes not charged in the indictment; (6) failing to properly cross-examine the mother of the victim; and (7) failing to object to the State’s usage of the video interview of Petitioner. Additionally, Petitioner complains that the post-conviction court improperly determined that one of Petitioner’s issues was not proper for post-conviction relief and that the cumulative effect of all the errors at trial did not violate Petitioner’s rights. After a thorough review of the record, we determine Petitioner failed to establish that he is entitled to post-conviction relief. Consequently, the judgment of the post-conviction court is affirmed.
 

Rutherford County Court of Criminal Appeals 03/27/14
State of Tennessee v. Laythaniel Haney, Jr.
E2013-01302-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Ben W. Hooper, II

The Defendant, Laythaniel Haney, Jr., was convicted by a Cocke County Criminal Court jury of the delivery of a controlled substance and received a fifteen-year sentence as a career offender. In this delayed appeal, he contends that the trial court erred by finding that 1) he was not prejudiced by jurors’ falling asleep during the trial and 2) he was not prejudiced by his being under the influence of drugs at the trial. We affirm the judgment of the trial court.

Cocke County Court of Criminal Appeals 03/26/14