COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Trevale Demarco Davis
E2023-00579-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry A. Steelman

Trevale Demarco Davis, Defendant, appeals the Hamilton County Criminal Court’s probation revocation of his effective five-year sentence for three counts of aggravated burglary and one count of robbery. On appeal, Defendant contends that the trial court abused its discretion by revoking his probation. After review, we affirm the trial court’s judgment.

Horatio Lewis Rice v. State of Tennessee
M2023-00609-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, Horatio Lewis Rice, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to adequately investigate Petitioner’s mental health issues and that Petitioner lacked the mental capacity to enter into a constitutionally valid plea agreement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

State of Tennessee v. Shelton Hall, III
M2023-00657-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James A. Turner

Petitioner, Shelton Hall, III, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Jonathan Darrell Hardin, Alias
E2022-01753-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Steven Wayne Sword

The Knox County Grand Jury charged Defendant, Jonathan Darrell Hardin,1 with one count of especially aggravated kidnapping and one count of aggravated assault. Following a jury trial, Defendant was found guilty of the lesser offenses of aggravated kidnapping and assault. The trial court imposed an effective sentence of ten years in the Tennessee Department of Correction (TDOC), to be served consecutively to a ten-year sentence for a prior conviction. On appeal, Defendant argues: (1) the State committed discovery violations by not disclosing certain evidence; (2) Defendant’s fair trial rights were violated by the State’s failure to preserve and withhold material evidence; (3) the State improperly commented on Defendant’s right to silence; (4) the State improperly commented on Defendant’s post-arrest silence during Defendant’s cross-examination; (5) Defendant’s trial counsel rendered ineffective assistance by not calling an eyewitness witness to testify; and (6) Defendant is entitled to relief based on cumulative error. After review, we affirm the judgments of the trial court.

Christopher A. Maxwell v. State of Tennessee
M2023-01090-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Justin C. Angel

Petitioner, Christopher A. Maxwell, pleaded guilty to one count of first degree premeditated murder and two counts of attempted first degree premeditated murder, and was sentenced to an effective term of life plus twenty years. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after conducting a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered unknowingly and involuntarily. After review, we affirm the judgment of the post-conviction court.

State of Tennessee v. Chad Anthony Turner
E2023-00577-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Andrew M. Freiberg

Defendant, Chad Anthony Turner, entered an open guilty plea to theft of property $250,000 or more, a Class A felony. He was sentenced to sixteen years’ incarceration and ordered to pay $100,000, in restitution to be paid in monthly installments of $700, should he make parole. On appeal, Defendant contends the trial court erred by imposing a restitution amount without any significant findings on Defendant’s financial resources and ability to pay and conditioned on the possibility of parole, by ordering a restitution amount which could not be satisfied prior to the end of his sentence, and by denying his request for an alternative sentence. Upon review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the trial court regarding the length and manner of Defendant’s sentence. However, we reverse the trial court’s restitution order and remand for a new restitution hearing consistent with this opinion.

State of Tennessee v. Christopher Joe Whaley
E2023-01099-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Rex Henry Ogle

A Sevier County jury found the defendant, Christopher Joe Whaley, guilty of possession of a firearm by a
convicted felon, possession of drug paraphernalia, and a seatbelt violation for which he received an effective
sentence of sixteen years in confinement. On appeal, the defendant contends the evidence presented at trial was
insufficient to support his conviction; the trial court erred in sentencing; and the judgments entered were
incorrect and failed to properly award the defendant his pretrial jail credit. Upon our review of the record, the
parties’ briefs, and oral arguments, we affirm the defendant’s convictions and sentences, but remand for the
determination by the trial court as to whether the defendant is entitled to pretrial jail credit and for entry of
corrected judgments in Counts 2 and 4.

State of Tennessee v. Logan Darby Helton
E2023-01132-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Sandra N.C. Donaghy

Logan Darby Helton, Defendant, claims the trial court abused its discretion by denying his application for judicial diversion relative to his guilty-pleaded convictions for aggravated burglary, aggravated criminal trespass, and unlawful photographing in violation of privacy. Following a thorough review of the record and applicable law, we affirm the judgments of the trial court but remand the case for entry of a corrected judgment form in Count 2 reflecting a sentence of eleven months twenty-nine days.

State of Tennessee v. Roger Earl England
E2022-01392-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Roger Earl England, appeals as of right from his conviction for first degree
premeditated murder, for which he is serving a life sentence. On appeal, Defendant
contends that (1) the evidence of premeditation is insufficient to support his conviction; (2)
the trial court erred by admitting Defendant’s jail telephone calls and emails, which alerted
the jury to Defendant’s pretrial incarceration; (3) the prosecutor made improper statements
during the State’s closing and rebuttal arguments; (4) the trial court erred by instructing the
jury that destruction of evidence could be considered evidence of guilt only as to the
charged offense of first degree murder and by declining to instruct the jury on voluntary
manslaughter as a lesser-included offense; and (5) the cumulative effect of these errors
entitles him to a new trial. After a thorough review of the evidence and applicable case
law, we affirm

State of Tennessee v. Horace Andrew Tyler Nunez
E2023-00193-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle A. Hixson

A Knox County jury convicted Horace Andrew Tyler Nunez, Defendant, of one count of first degree premeditated murder and four counts of reckless endangerment. On appeal, Defendant advances multiple arguments related to: admissibility of evidence; improper jury communications; sufficiency of the evidence; failing to instruct the jury on voluntary manslaughter; and sentencing. The State argues: the trial court did not err, or alternatively, any error was harmless; the evidence was sufficient; and the sentence was proper. After review, we affirm the judgments of the trial court.

State of Tennessee v. Kelby Lerha Taylor
W2023-00693-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge J. Weber McCraw

The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.

State of Tennessee v. Terrance Collins
W2023-01150-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carlyn L. Addison

Terrance Collins (“Defendant”) appeals from his Shelby County Criminal Court conviction for aggravated arson, a Class A felony, and resulting twenty-year sentence. Defendant contends that the evidence was insufficient to support his conviction and that the trial court abused its discretion by imposing more than the minimum in-range sentence. Following a thorough review, we affirm the judgment of the trial court.

Ryan Michael Ramey v. State of Tennessee
E2023-00724-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Lisa Rice

The petitioner, Ryan Michael Ramey, appeals the denial of his post-conviction petition,
arguing the post-conviction court erred in finding he received the effective assistance of
counsel. After our review of the record, briefs, and applicable law, we affirm the denial of
the petition.

State of Tennessee v. Ashley Bianca Ruth Kroese
M2022-01180-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James G. Martin, III

A Williamson County jury convicted Defendant, Ashley Bianca Ruth Kroese, of vehicular
homicide by intoxication, vehicular homicide with a blood alcohol concentration of 0.08%
or greater, vehicular homicide by recklessness, and reckless aggravated assault resulting in
death for which she received an effective eight-year sentence. Defendant appeals,
contending that the search warrant failed to establish probable cause of intoxication; the
search was executed beyond the scope of the warrant; the State failed to demonstrate an
unbroken chain of custody of the blood samples; and the trial court erred when it did not
sentence her as an especially mitigated offender. Following our review of the record, the
briefs, and oral arguments of the parties, we affirm the judgments of the trial court.

State of Tennessee v. Jeffrey Milton Stokes AKA Real Black
E2023-00667-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Scott Green

The defendant, Jeffrey1 Milton Stokes aka Real Black, was convicted by a Knox County jury of first-degree premeditated murder and reckless endangerment, and he was sentenced to an effective term of life imprisonment. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.

Bobby L. Franklin v. Brian Eller, Warden
E2023-01018-CCA-R3-HC
Authoring Judge: Judge Ross J. Dyer
Trial Court Judge: Judge Stacy L. Street

The pro se petitioner, Bobby L. Franklin, appeals from the denial of his petition for writ of habeas corpus by the Criminal Court for Johnson County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because a “new judgment” was entered, lengthening his sentence. Following our review, we conclude that the petitioner’s notice of appeal was untimely and that the interest of justice does not mandate waiver of this requirement. Thus, the instant appeal should be dismissed.

State of Tennessee v. Benjamin L. Bradford
W2022-01632-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Clayburn Peeples

The Defendant, Benjamin L. Bradford, was convicted by a Gibson County Circuit Court jury of first degree premeditated murder, first degree murder in the perpetration of theft, and destroying, tampering, or fabricating evidence. See T.C.A. §§ 39-13-202(a)(1)-(2) (first degree murder) (2018) (subsequently amended), 39-16-503 (2018) (destroying, tampering with, or fabricating evidence). The jury imposed a sentence of life without parole for each of the first degree murder convictions and merged the judgments. The trial court imposed a fifteen-year sentence for destroying, tampering, or fabricating evidence, to be served consecutively to the life-without-parole sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.

State of Tennessee v. Olga Narnia Sevilla
E2023-00541-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Sandra Donaghy

A Bradley County jury convicted the Defendant, Olga Narnia Sevilla, of aggravated child
abuse and aggravated child neglect, and the trial court sentenced her to a total effective
sentence of twenty years. On appeal, the Defendant contends that the evidence is
insufficient to support her convictions and that the trial court erred when it sentenced her.
After review, we affirm the trial court’s judgments.

State of Tennessee v. Claude Harvey Banner
E2023-01433-CCA-R9-CO
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Stacy L. Street

The Defendant, Claude Harvey Banner, was convicted by a Carter County Criminal Court
jury of attempted second degree murder and unlawful possession of a firearm. The trial
court initially approved the verdicts as thirteenth juror but later granted the Defendant’s
untimely motion for a new trial. We granted the State’s application for an interlocutory
appeal pursuant to Tennessee Rule of Appellate Procedure 9 to consider whether the trial
court lacked jurisdiction to grant a new trial in its capacity at thirteenth juror after the
judgments were final. We reverse the trial court’s order granting a new trial and reinstate
the judgments of conviction.

State of Tennessee v. Jayson Isiah Booker
E2023-00435-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Hector Sanchez

sell and/or deliver marijuana, a Class E felony, and the trial court imposed an agreed upon
sentence of three years suspended to supervised probation. In November 2022, the trial
court issued a probation violation warrant, alleging that the Defendant had been arrested
for new felony offenses. After a hearing, the trial court found that the Defendant had
violated his probation based on these arrests. The trial court ordered the Defendant to serve
one year in confinement before returning to supervised probation. On appeal, the
Defendant asserts that the trial court erred by: (1) admitting unreliable hearsay during the
revocation hearing; (2) revoking his probation sentence; and (3) ordering him to serve one
year in confinement. After a thorough review, we affirm the trial court’s judgment.

Baldomero Galindo v. State of Tennessee
E2023-01107-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Hector Sanchez

Petitioner, Baldomero Galindo, appeals as of right from the Knox County Criminal Court’s
denial of his petition for post-conviction relief, wherein he challenged his conviction for
first degree murder, for which he received a life sentence. On appeal, Petitioner contends
that he was denied the effective assistance of counsel based upon trial counsel’s failure to
raise a claim of self-defense and his failure to call a witness to testify after learning that the
witness failed a polygraph examination. Following a thorough review, we affirm the
judgment of the post-conviction court.

LaNorris O'Brien Chambers v. State of Tennessee
M2023-00929-CCA-R3-PC
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Barry R. Tidwell

The Petitioner, LaNorris O’Brien Chambers, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of robbery, two counts of fraudulent use of a credit card, and one count of aggravated assault. On appeal, the Petitioner argues trial counsel provided ineffective assistance in failing to challenge Count 5, in failing to request dismissal of Count 2 of the superseding indictment, in failing to explain Rule 404(b) and the effect of his prior convictions, in failing to challenge the sufficiency of the State’s notice of sentence enhancement, and in failing to review all discovery with him. We affirm the judgment of the post-conviction court.

State of Tennessee v. Phillip Jerome Locke
E2022-01676-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven Wayne Sword

A Knox County jury convicted the Defendant of first degree premeditated murder, felony
murder, especially aggravated robbery, carjacking, unlawful possession of a firearm as a
convicted felon, unlawful possession of a handgun as a convicted felon, and the lesser
included offense of possession of a firearm during the commission of a dangerous felony.
The trial court imposed an effective sentence of life plus thirty years. On appeal, the
Defendant asserts that: (1) the trial court erred when it failed to give an accomplice jury
instruction for a witness, Duraejia Clark; (2) the convicting evidence is insufficient because
the State failed to corroborate the accomplice’s testimony; and (3) cumulative error
requires reversal. After review, we affirm the trial court’s judgments.

Rhynuia L. Barnes v. State of Tennessee
M2023-01088-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steve Dozier

In 1990, a Shelby County jury convicted the Petitioner, Rhynuia L. Barnes, of premeditated first-degree murder, and the trial court sentenced him to an effective sentence of life in prison. The Petitioner unsuccessfully appealed his conviction. He then unsuccessfully filed a petition for post-conviction relief and three petitions for writ of error coram nobis, as well as a motion to exhume his father’s body and for fingerprint analysis. In 2023, the Petitioner filed his second post-conviction fingerprint analysis petition asking: (1) that the TBI enter the latent prints found on the murder weapon into an online fingerprint database; and (2) that the court order testing of his deceased father’s palm prints against the known palm print on the murder weapon. The post-conviction court summarily dismissed the petition, and the Petitioner appeals. After review, we affirm the post-conviction court’s judgment.

Kevin Lawrence v. Kevin Genovese, Warden
W2023-00607-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Mark L. Hayes

The Petitioner, Kevin Lawrence, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner argues his judgment is void and illegal because his sentence does not reflect any parole eligibility. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.