COURT OF CRIMINAL APPEALS OPINIONS

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.

State of Tennessee v. Izaiha Gleaves
M2023-00175-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Barry R. Tidwell

The Appellant, Izaiha Gleaves, was convicted of second degree murder, attempted second degree murder, two counts of employment of a firearm during the commission of a dangerous felony, aggravated assault, and tampering with evidence. The trial court imposed an effective sentence of forty-nine years’ confinement. On appeal, the Appellant argues: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it failed to excuse a juror who had a conflict of interest; (3) the trial court erred when it admitted a redacted recording of a witness interview; (4) the trial court’s cumulative errors warrant reversal; and (5) the trial court erred when it imposed an effective sentence of forty-nine years.¹ After review, we affirm the trial court’s judgments.

State of Tennessee v. Travis Scott Gilliam
E2023-00533-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Alex E. Pearson

A Hawkins County jury convicted the Defendant, Travis Scott Gilliam, in three cases involving violations of the Sex Offender Registry, community supervision for life, and related offenses. In a fourth case, the Defendant pled guilty to the offense of aggravated assault and agreed to a six-year sentence running consecutively to the other cases. After a hearing, the trial court imposed partially consecutive sentences for a total effective sentence of fourteen years plus eleven months and twenty-nine days. In this appeal, the Defendant argues that the trial court erred in imposing consecutive sentences and that the judgments conflict with the trial court’s oral announcement. Upon our review, we dismiss the appeal in Case No. 22-CR-36 because this sentence was entered pursuant to a valid plea agreement and was the subject of a valid waiver of appeal. Regarding the other cases, we respectfully affirm the trial court’s judgments. We also remand these cases for entry of corrected judgments reflecting the alignment of the sentence as announced at the sentencing hearing.

Avery Laverne Davenport v. State of Tennessee
E2023-01514-CCA-R3-ECN
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Wesley Thomas Bray

The Petitioner, Avery LaVerne Davenport, appeals from the Cumberland County Criminal
Court’s summary dismissal of his petition for the writ of error coram nobis. The coram
nobis court dismissed the petition as untimely. On appeal, the Petitioner contends that the
court erred in dismissing his petition. We affirm.

State of Tennessee v. Warren J. Nostrom
E2023-00299-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Gary McKenzie

A Cumberland County jury found Defendant, Warren J. Nostrom, guilty of two counts of first degree premeditated murder. The trial court imposed concurrent life sentences. On appeal, Defendant argues that (1) the evidence was insufficient to support his convictions, and the trial court erred by (2) finding Defendant competent to stand trial and precluding an attorney from testifying as an expert at the competency hearing, (3) admitting Defendant’s pretrial statement to police, and (4) denying Defendant’s motion for a continuance. After review, we affirm the judgments of the trial court.

State of Tennessee v. Shenessa L. Sokolosky
M2022-00873-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Brody Kane

The Defendant, Shenessa L. Sokolosky, appeals from the Smith County Criminal Court’s probation revocation of her two consecutive eleven-month, twenty-nine-day sentences for her guilty-pleaded misdemeanor convictions for drug possession and possession of drug paraphernalia. On appeal, the Defendant contends that the trial court abused its discretion by revoking her probation. We dismiss the Defendant’s appeal pursuant to the mootness doctrine.

State of Tennessee v. Juanyai Walls
W2022-01379-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Jennifer Johnson Mitchell

A Shelby County jury convicted the Defendant, Juanyai Walls, of two counts of first degree
premeditated murder, two counts of felony murder, and two counts of especially aggravated
robbery. The trial court sentenced the Defendant to serve an effective sentence of life plus
fifteen years. On appeal, the Defendant argues that the evidence is legally insufficient to
support his convictions. He also asserts that the trial court erred by (1) allowing the
introduction of written notes from the Defendant to his co-defendants while in custody;
and (2) imposing consecutive sentences. Upon our review, we respectfully affirm the
judgments of the trial court.

State of Tennessee v. Tyrel J. Sidwell
E2022-01775-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge G. Scott Green

Tyrel J. Sidwell, Defendant, was charged in a presentment with nine counts related to the
physical assault of his wife, the victim, Bithiah Lufcy, and his actions after his initial arrest.
The charges included aggravated assault, domestic assault, coercion of a witness, and six
counts of violation of a no contact order. Prior to trial, the coercion of witness charge was
severed and the State dismissed two of the counts of violating a no contact order. A jury
acquitted Defendant of aggravated assault but found Defendant guilty of domestic assault
and four counts of violation of a no contact order. Defendant was ultimately sentenced to
11 months and 29 days on each conviction with the sentences to run consecutively. The
trial court denied probation on the sentences for Counts 2 and 4 and suspended the
remainder of the sentences to probation. Defendant appeals, arguing that the evidence is
insufficient to support the convictions for violation of a no contact order because he was in
custody at the time of his alleged contact with the victim. Defendant also argues that the
trial court erred in denying probation and ordering Defendant to serve consecutive
sentences. Because the evidence was sufficient to support the convictions and the trial
court did not err in denying probation and ordering consecutive sentences, we affirm the
judgments of the trial court.

Daryl Ray Baker v. State of Tennessee
E2023-01155-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge G. Scott Green

On January 10, 2017, Daryl Ray Baker, Petitioner, pleaded guilty to four counts of aggravated sexual battery, five counts of attempted rape of a child, and two counts of sexual battery by an authority figure. The trial court sentenced him to an effective sentence of nineteen years in confinement, and Petitioner did not file a direct appeal of his conviction or sentence. In April 2023, Petitioner filed a petition for post-conviction relief, requesting the post-conviction court to consider his delayed post-conviction petition. Therein, Petitioner argued that newly discovered evidence entitled him to relief and due process required tolling of the one-year statute of limitations for post-conviction relief. The post-conviction court dismissed the petition, and Petitioner now timely appeals. After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. William Dangelo Penny
W2023-00912-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Donald H. Allen

The Defendant, William Dangelo Penny, was convicted of driving under the influence of
an intoxicant. The trial court placed him on probation for eleven months and twenty-nine
days after service of forty-eight hours. The court also suspended his driver’s license.
Thereafter, the Defendant was arrested for evading arrest, reckless driving, leaving the
scene of an accident, and driving on a suspended license. After a hearing, the trial court
fully revoked the Defendant’s probationary sentence. On appeal, the Defendant argues that
a complete revocation of his sentence was an abuse of discretion. Upon our review, we
respectfully disagree and affirm the trial court’s judgment.

Shaun Alexander Hodge v. State of Tennessee
E2023-00676-CCA-R3-ECN
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge G. Scott Green

The Petitioner, Shaun Alexander Hodge, appeals the summary dismissal of his petition for
writ of error coram nobis based on alleged newly discovered evidence of a trial witness’s
criminal history. Based on our review, we affirm the summary dismissal of the petition.

State of Tennessee v. Justin McDowell
E2024-00478-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven Wayne Sword

In 2020, the Defendant, Justin McDowell, pleaded guilty to possession with intent to sell
or deliver less than .5 grams of cocaine within 1,000 feet of a Drug Free Zone, a park. The
trial court imposed an effective sentence of five years of incarceration. The Defendant
filed a motion for resentencing pursuant to an amendment to the Drug Free Zone Act. See
T.C.A. § 39-17-432. The trial court held a hearing and denied relief. On appeal, the
Petitioner contends that his motion for resentencing should have been granted. After
review, we dismiss the appeal.

Fred Birchfield v. State of Tennessee
E2023-00385-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jeffrey Wicks

A Morgan County jury convicted the Petitioner, Fred Birchfield, of second degree murder
and reckless homicide. The trial court sentenced the Petitioner to serve consecutive
sentences of eighteen years for his second degree murder conviction and three years for his
reckless homicide conviction. The Petitioner appealed, and this court affirmed the
Petitioner’s convictions. State v. Birchfield, No. E2016-00493-CCA-R3-CD, 2017 WL
758515, at *1 (Tenn. Crim. App. Feb. 27, 2017), perm. app. denied (Tenn. Jun. 7, 2017).
The Petitioner timely filed a post-conviction petition, alleging that he received the
ineffective assistance of counsel. After a hearing, the post-conviction court denied relief.
After review, we affirm the post-conviction court’s judgment.

State of Tennessee v. Hunter Lowery
W2023-00415-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge Mark L. Hayes

Hunter Lowery, Defendant, entered an open plea of guilty to aggravated assault, and
following a sentencing hearing, the trial court imposed an eight-year sentence to be served
in confinement. Defendant claims that the trial court abused its discretion when it denied
his request for alternative sentencing without placing sufficient findings on the record.
Following a de novo review, we affirm the judgment of the trial court.

State of Tennessee v. Marshawn Brakefield
W2023-00766-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Jennifer Johnson Mitchell

A Shelby County jury convicted the Defendant, Marshawn Brakefield, of attempted first degree murder involving serious bodily injury and employing a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to serve an effective sentence of twenty-eight years. On appeal, the Defendant challenges the legal sufficiency of the evidence supporting his convictions, arguing that the only proof at trial was the testimony of a single witness who was not credible. Upon our review, we respectfully affirm the judgments of the trial court.

State of Tennessee v. Tandrea Laquise Sanders
M2023-01148-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Adrienne Gilliam Fry

The Defendant, Tandrea Laquise Sanders, pled guilty to assault and contributing to the delinquency of a minor. After a sentencing hearing, the trial court imposed concurrent sentences of eleven months and twenty-nine days. The sentences were suspended to probation after service of six months in custody. On appeal, the Defendant argues that the trial court abused its discretion in ordering a sentence of split confinement and failed to properly fix a percentage of the sentence to be served before consideration of rehabilitative programs. Upon our review, we respectfully affirm the trial court’s judgments.

State of Tennessee v. James Leon Parker
E2023-00149-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James F. Goodwin, Jr.

Defendant, James Leon Parker, appeals the Sullivan County Criminal Court’s summary
dismissal of his motion for resentencing pursuant to the Drug Free Zone Act (“DFZA”).
Defendant was convicted in 2008 of several drug-related offenses, including one count of
sale of .5 grams or more of cocaine within 1,000 feet of a school (Count 6) and one count
of delivery of .5 grams or more of cocaine within 1,000 feet of a school (Count 7). The
trial court merged Counts 6 and 7 and imposed a sentence of 25 years on those counts,
which the court ordered to run consecutively to his effective eight-year sentence in the
other counts, for a total effective sentence of 33 years. In 2022, Defendant filed a pro se
motion for resentencing under Tennessee Code Annotated section 39-17-432(h), and the
trial court appointed counsel. While Defendant’s motion was pending in the trial court,
Governor Bill Lee granted Defendant executive clemency, ordering that Defendant’s 25-
year sentence in Counts 6 and 7 be commuted, which allowed Defendant to immediately
become parole eligible on those counts. Based on Governor Lee’s commutation order, the
trial court determined that Defendant was ineligible for resentencing and dismissed
Defendant’s motion “without a hearing due to that ineligibility.” Defendant appeals that
dismissal and asks this Court to review it under as a writ of certiorari. Following our
review, we grant certiorari and reverse and remand for a hearing on Defendant’s motion.