COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Richard Faulk
M2023-01218-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Chancellor Christopher V. Sockwell

A Maury County jury convicted the Defendant, Richard Faulk, of aggravated vehicular homicide, and he was subsequently sentenced to twenty years’ imprisonment. In this direct appeal, the Defendant argues the trial court erred in (1) allowing two Tennessee State Troopers who were certified as experts in accident reconstruction to testify as experts in occupant kinetics and (2) allowing the State to introduce a copy of the Defendant’s Tennessee Department of Safety driving record as evidence of his prior convictions when a copy of the driving record was not provided to the Defendant at the arraignment as required by Tennessee Code Annotated § 55-10-405(d). The Defendant also argues that the evidence is insufficient to support his conviction. Discerning no reversible error, we affirm the judgment of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. Terrell Shannon
W2024-00174-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Lee V. Coffee

Defendant, Terrell Shannon, was convicted by a Shelby County jury of rape of a child and aggravated assault. The trial court imposed an effective sentence of forty-six years. Defendant appeals, arguing that the evidence was insufficient to support his conviction for rape of a child and that his convictions violate double jeopardy protections. Upon our review, we conclude that Defendant has failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b). Accordingly, his issues are waived, and the appeal is dismissed.

Shelby Court of Criminal Appeals

Tracy D. Boyd, Jr. v. State of Tennessee
W2023-01669-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

Tracy D. Boyd, Jr., Petitioner, pleaded guilty to three counts of impersonating a licensed professional, one count of theft of property, and one count of forgery. Petitioner subsequently filed a petition for post-conviction relief, alleging that the indictments against him were defective, that he had received the ineffective assistance of counsel, that his guilty plea was entered under duress, and prosecutorial misconduct. The post-conviction court summarily dismissed each of Petitioner’s allegations. Petitioner now timely appeals. After review, we remand this case to the post-conviction court for entry of a written order that sufficiently addresses all grounds presented by Petitioner, and which states the court’s findings of fact and conclusions of law regarding each ground as required by Tennessee Code Annotated section 40-30-111(b).

Madison Court of Criminal Appeals

Glenard Cortez Thorne v. Brandon Watwood, Warden
W2024-01594-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Mark L. Hayes

In 2008, the Petitioner, Glenard Cortez Thorne, was convicted of two counts of especially aggravated kidnapping and sentenced to a term of twenty-one years for each conviction. In 2024, the Petitioner applied for a writ of habeas corpus, alleging that the trial court failed to consider a required statutory mitigating factor at sentencing. The habeas corpus court summarily dismissed the application, and the Petitioner appealed. Upon our review, we respectfully affirm the judgments of the habeas corpus court.

Lake Court of Criminal Appeals

State of Tennessee v. Brandon Rashann Murray
M2024-00163-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Robert T. Bateman

Brandon Rashann Murray, Defendant, admitted to violating the terms of his community corrections sentence. Following a hearing, the trial court ordered Defendant to serve the balance of his eight-year sentence in confinement. Defendant claims that the trial court erred in imposing a sentence of incarceration because his violations were technical in nature. Following our review, we affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Gary Allen Jordan, Jr.
W2024-00462-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Joseph T. Howell

A Madison County jury convicted Defendant, Gary Allen Jordan, Jr., of fifty-five offenses, including charges of possession of methamphetamine with intent to sell or deliver, possession of cocaine with intent to sell or deliver, possession of heroin with intent to sell or deliver, possession of fentanyl with intent to sell or deliver, possession of marijuana with intent to sell or deliver, possession of a firearm by a convicted felon and possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of sixty-six years’ confinement. On appeal, Defendant contends that the trial court erred in denying his motion to suppress evidence seized during the search of his vehicle and that the evidence was insufficient to support his convictions related to the possession of cocaine and marijuana and the possession of a firearm. After review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Robert David Morse
E2024-00580-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Gary S. McKenzie

A Cumberland County jury convicted the Defendant, Robert David Morse, of first degree premeditated murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court committed two evidentiary errors: (1) admitting multiple autopsy photographs depicting the victim's body; and (2) limiting his cross-examination of Agent Davenport about the Defendant's statement to the police. After review, we affirm the trial court's judgment. 

Court of Criminal Appeals

State of Tennessee v. Paul Michael Cheairs
W2024-00312-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Joseph T. Howell

Defendant, Paul Michael Cheairs, was convicted by a Madison County jury of two counts of possession of marijuana with intent to sell and or deliver, two counts of possession of drug paraphernalia, one count of misdemeanor unlawful possession of a firearm, and one count of possession of a firearm by a convicted felon. The trial court imposed an effective sentence of seventeen years. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court erred in admitting a rap video made after the arrest, by allowing expert testimony from a lieutenant, and in sentencing. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. David Kaiser
E2024-00606-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two counts
of theft of property valued at $10,000 or more but less than $60,000, a Class C felony;
burglary, a Class D felony; theft of property valued at $2,500 or more but less than $10,000,
a Class D felony; and misdemeanor drug possession, a Class A misdemeanor. See T.C.A.
§§ 39-14-103 (2018) (theft of property); 39-14-105 (2018) (grading of theft); 39-13-1002
(Supp. 2021) (burglary); 39-17-418 (2018) (misdemeanor drug possession). The
Defendant agreed to an effective ten-year sentence as a Range II offender, with the manner
of service to be determined by the trial court. On appeal, the Defendant contends that the
court erred by denying his request for alternative sentencing. We affirm the judgments of
the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Michael Richard Penley
E2024-00793-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Amanda B. Dunn

The Defendant, Michael Richard Penley, appeals from the Hamilton County Criminal
Court’s probation revocation of the effective six-year sentence he received for his guiltypleaded
convictions for misdemeanor theft, two counts of evading arrest, reckless
endangerment, driving while in possession of methamphetamine, attempted possession
with the intent to sell methamphetamine, and reckless aggravated assault. On appeal, the
Defendant contends that the trial court abused its discretion by revoking his probation and
ordering him to serve the remainder of his sentence in confinement. We affirm the
judgment of the trial court.

Hamilton Court of Criminal Appeals

Torsaunt Lamont Shanklin v. State of Tennessee
M2024-00604-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge William R. Goodman, III

After being convicted by a jury of multiple drug charges, possession of a firearm during the commission of or attempt to commit a dangerous felony, and three alternative counts of possession of a firearm by a convicted felon, Torsaunt Lamont Shanklin, Petitioner, was sentenced to an effective sentence of thirty-five years in incarceration.  His direct appeal challenging the denial of a motion to suppress was unsuccessful.  State v. Shanklin, No. M2019-01896-CCA-R3-CD, 2021 WL 1082043, at *1 (Tenn. Crim. App. Mar. 22, 2021), perm. app. denied (Tenn. May 12, 2021).  Petitioner sought post-conviction relief primarily based on ineffective assistance of counsel. After a hearing, the post-conviction court denied relief.  We affirm the judgment of the post-conviction court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Tony Stafford
W2024-00637-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Fitzgerald

Defendant, Tony Stafford, was convicted by a Shelby County jury of aggravated rape. The trial court sentenced Defendant as a Range I offender to twenty-five years. On appeal, Defendant claims that the State’s pre-indictment delay constituted a due process violation and that the evidence was insufficient to support his conviction. Defendant filed a motion requesting waiver of his untimely notice of appeal; however, he failed to file a timely motion for new trial before the trial court. We elect to waive the untimely notice of appeal in the interest of justice. However, because Defendant’s motion for new trial was not timely filed, we address only Defendant’s challenge to the sufficiency of the evidence. Upon review of the record, legal authority, and the parties’ briefs, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Edwin Reeves
E2024-01052-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Edwin Reeves, was convicted by a Knox County Criminal Court jury of
criminally negligent homicide and possession with the intent to sell or to deliver a schedule
II controlled substance in a drug-free zone. He later pleaded guilty to a second count of
possession with the intent to sell or to deliver a schedule II controlled substance in a drugfree
zone. The trial court imposed an effective nine-year sentence. The Defendant filed a
motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure
36.1, which the trial court summarily dismissed for the failure to state a colorable claim.
On appeal, the Defendant contends that the trial court erred in denying relief. We affirm
the judgment of the trial court.

Knox Court of Criminal Appeals

Donald K. Moore, Jr. v. State of Tennessee
M2024-00547-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Petitioner, Donald K. Moore, Jr., appeals the summary dismissal of his petitions seeking post-conviction relief from his 1996 convictions for first degree murder and especially aggravated robbery in case number 96-C-1428 and second degree murder in case number 96-C-1423, for which he was sentenced to life, twenty years, and twenty-one years’ incarceration, respectively. The post-conviction court concluded that, even if Petitioner’s allegations were taken as true, he would not be entitled to relief and summarily dismissed the petitions. Discerning no error, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Grover Beverly
E2024-00484-CCA-R3-CD
Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge James L. Gass

The Defendant, Grover Beverly, was convicted by a Sevier County jury of two counts of rape of a child, for which he received an effective sentence of eighty years' incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Following our review of the record, we affirm the judgments of the trial court. 

Court of Criminal Appeals

State of Tennessee v. David Edward Seickendick
E2024-01270-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Gary McKenzie

Defendant, David Edward Seickendick, appeals the judgment of the Cumberland County Criminal Court revoking his probation and ordering him to serve the balance of his previously ordered probationary sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion by failing to consider Defendant’s medical conditions in revoking his probation and ordering him to serve his original sentence. After review, we affirm the judgment of the trial court.

Cumberland Court of Criminal Appeals

State of Tennessee v. James R. Holley
W2024-00748-CCA-R3-CD
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge Donald H. Allen

The Defendant, James R. Holley, appeals the Henderson County Circuit Court’s denial of his request for alternative sentencing after his guilty pleas to eight counts involving drugs, weapons, and traffic offenses. Based on our review, we conclude that the Defendant failed to provide this court with an adequate appellate record. Accordingly, his appeal is dismissed.

Madison Court of Criminal Appeals

State of Tennessee v. Darrell E. Nance
E2024-01113-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge John F. Dugger, Jr.

The pro se Defendant, Darrell E. Nance,1 appeals from the trial court’s summary dismissal
of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence.
Specifically, the Defendant argues that (1) the trial court erred in concluding that his
sentence of life imprisonment was legal, (2) the State’s motion to dismiss his motion was
untimely, and (3) the trial court erred in declining to appoint counsel and hold a hearing on
his motion. Because we conclude that the Defendant’s notice of appeal was untimely filed
and that the interest of justice does not require waiver of the timely filing requirement, we
dismiss the appeal.

Hamblen Court of Criminal Appeals

State of Tennessee v. Roger Bridges
W2024-00528-CCA-R3-CD
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge W. Mark Ward

The Defendant, Roger Bridges, 1 was convicted by a Shelby County Criminal Court jury of three counts of aggravated sexual battery, a Class B felony; sexual battery, a Class E felony; rape, a Class B felony; and rape of a child, a Class A felony, and was sentenced by the trial court to an effective term of fifty-one years at 100% in the Tennessee Department of Correction. The four victims involved were three sisters and their female first cousin, and the offenses occurred over a two-month period that culminated on June 12, 2018, when one of the three sisters divulged the abuse to her father, who called the police. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the State violated Brady v. Maryland, 373 U.S 83 (1973), “by failing to produce information concerning the pending investigation of a male family member for sexual abuse crimes against some of the same family group.”2 Based on our review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Nathan David Bassett
W2024-00826-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Kyle C. Atkins

The Defendant, Nathan David Bassett, pled guilty in the Madison County Circuit Court to theft of property valued $10,000 or more. Pursuant to the plea agreement, he received a five-year sentence as a Range I, standard offender with the trial court to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered that the Defendant serve the sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by denying a sentence alternative to confinement. Based on our review, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Forrest Scott Evans
E2024-00392-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Forrest Scott Evans, pled guilty to the offense of aggravated assault, and the trial court sentenced him to a term of seven years and six months. The court suspended the sentence and placed the Defendant on probation. Thereafter, the Defendant committed new crimes in Virginia. When the Defendant was returned to Tennessee, the trial court revoked the suspended sentence and ordered him to serve it in full. The Defendant appeals, arguing that a full revocation was an abuse of discretion. Upon our review, we respectfully disagree and affirm the trial court’s judgment.

Sullivan Court of Criminal Appeals

Rickius Grant v. State of Tennessee
W2024-00837-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Joseph T. Howell

The Petitioner, Rickius Grant, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of attempting to traffic a person for a commercial sex act and resulting concurrent six-year sentences. On appeal, he contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon our review, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

Alvin Dean Shaver v. Sean Phillips, Warden
E2024-01385-CCA-R3-HC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Jeffery H. Wicks

In 1996, the Petitioner, Alvin Dean Shaver, pled guilty to two counts of first degree murder and was sentenced to concurrent terms of life without the possibility of parole. In 2024, the Petitioner applied for a writ of habeas corpus. He alleged that the trial court lacked subject matter jurisdiction to hear and adjudicate the charges because the statute pursuant to which he was convicted did not have the constitutionally required style, “Be it enacted by the General Assembly of the State of Tennessee.” The habeas corpus court summarily dismissed the application for the writ, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the habeas corpus court.

Morgan Court of Criminal Appeals

State of Tennessee v. Detarus Brown
M2024-00111-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge David L. Allen

Defendant, Detarus Brown, appeals from the Maury County Circuit Court’s order partially denying his motion to correct his sentence, and Defendant contends that the trial court should have treated his motion as a petition for post-conviction relief. We affirm the judgment of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. Kurt Franklin Luna
M2023-01560-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Deanna B. Johnson

Defendant, Kurt Franklin Luna, was convicted after a jury trial of driving without a license, driving an unregistered vehicle, and violation of the financial responsibility law. The trial court sentenced him to serve forty-eight hours in the county jail. On appeal, Defendant raises a variety of claims. After a thorough review of the record, we conclude that Defendant has waived his issues for failure to create an adequate record and failure to comply with the Rules of Appellate Procedure.

Williamson Court of Criminal Appeals