COURT OF CRIMINAL APPEALS OPINIONS

Gregg Merrilees v. State of Tennessee
M2021-01324-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge James A. Turner

In this post-conviction appeal, the Petitioner-Appellant, Gregg Merrilees, seeks relief from his original convictions of aggravated robbery and robbery in concert with two or more persons, for which he received an effective sentence of sixteen years’ imprisonment. He subsequently filed a petition seeking post-conviction relief, which was denied by the postconviction court. The Petitioner now appeals and raises a stand-alone challenge to the sufficiency of the evidence. In addition, the Petitioner argues four grounds in support of his ineffective assistance of counsel claim: (1) trial counsel’s failure to challenge the sufficiency of the evidence based on the lack of accomplice corroboration in a motion for judgment of acquittal or on direct appeal; (2) trial counsel’s failure to request a jury instruction on accomplice corroboration; (3) trial counsel’s failure to object based on speculation to the hotel clerk-victim’s accusation that the Petitioner was involved in the offenses based on the hotel clerk-victim’s “gut”; and (4) trial counsel’s failure to object to “the unconstitutional show-up” identification of the Petitioner by the hotel clerk-victim at trial. Upon our review, we affirm.

Gregg Merrilees v. State of Tennessee - Concurring in part and Dissenting in part
M2021-01324-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge James A. Turner

I have the privilege to join the majority’s well-reasoned opinion in large part. For example, I agree that a post-conviction petitioner cannot raise a stand-alone claim seeking dismissal based upon an alleged legal insufficiency of the convicting evidence. I also agree that the Petitioner here has not shown that he received the ineffective assistance of counsel with respect to the victim’s testimony and the in-court identification.2 Finally, I agree that trial counsel rendered deficient performance in failing to raise and argue that the accomplice’s testimony was not sufficiently corroborated. Where I respectfully part ways with the majority concerns its analysis of whether the Petitioner has shown that the reliability of his verdict was undermined by trial counsel’s failure to argue a lack of corroboration.

State of Tennessee v. Tinisha Nicole Spencer
E2022-00350-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Defendant, Tinisha Nicole Spencer, appeals her jury conviction for driving under the
influence, fifth offense. The trial court sentenced her to two years suspended after service
of 150 days in jail. On appeal, the Defendant challenges whether the State established an
unbroken chain of custody for her blood sample, whether the sentence enhancement counts
were void because they included the dates of the prior offenses rather than the dates of
conviction as required by statute, and whether the sentence enhancement counts vested the
trial court with jurisdiction to sentence her as a multiple offender because they incorporated
a facially void judgment. Following our review, we affirm the judgments of the trial court.

Christopher Bostick v. State of Tennessee
W2022-00723-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Petitioner, Christopher Bostick, appeals the Shelby County Criminal Court’s denial of
his petition for post-conviction relief from his convictions for rape of a child and
aggravated sexual battery. On appeal, the Petitioner argues that the post-conviction court
erred by denying his claims that he received the ineffective assistance of trial counsel. We
affirm the post-conviction court’s judgment.

State of Tennessee v. Joshua X. Beasley
E2021-01483-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Joshua X. Beasley, was convicted in the Knox County Criminal Court of
various drug offenses committed within a drug-free zone and received an effective fifteenyear
sentence to be served at one hundred percent in confinement. Subsequently, the trial
court granted his motion to resentence him pursuant to the amended version of the Drug-
Free Zone Act and imposed an effective twelve-year sentence to be served at thirty percent
release eligibility. On appeal, the Defendant contends that the evidence is insufficient to
support his convictions and that the trial court erred by initially sentencing him under the
previous version of the Act. Based upon the oral arguments, the record, and the parties’
briefs, we affirm the Defendant’s convictions but remand for resentencing as to his
conviction in count four, delivering fentanyl, and correction of the judgment.

State of Tennessee v. Shelby Brooks
E2022-00564-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Rex H. Ogle

The defendant, Shelby Brooks, appeals the Sevier County Circuit Court’s order revoking
her probation and requiring her to serve the balance of her five-year sentence for the sale
of a Schedule II controlled substance and the sale of a Schedule III controlled substance in
confinement. Discerning no error, we affirm.

State of Tennessee v. Christopher Ray Smith
M2022-00646-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Forest A. Durard, Jr.

The Appellant, Christopher Ray Smith, entered a guilty plea to three counts of misdemeanor failure to appear, see Tenn. Code Ann. § 39-16-609, with the length and manner of service to be determined by the trial court. Following a sentencing hearing, the trial court imposed a sentence of eleven months and twenty-nine days’ imprisonment for each count, with counts two and three to be served concurrently to a consecutive term in count one. The trial court suspended the sentence to supervised probation following service of six months’ imprisonment. On appeal, the Appellant argues the trial court abused its discretion by imposing an excessive sentence. Upon review, we modify the sentence in count one and remand for entry of corrected judgment form as to that count. In all other respects, we affirm.

Curtis O'Neal Shelton, Jr. v. State of Tennessee
M2022-00849-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge William R. Goodman, III

A Montgomery County jury convicted Petitioner, Curtis O’Neal Shelton, Jr., of two counts of first degree felony murder, one count of especially aggravated burglary, four counts of especially aggravated kidnapping, three counts of aggravated kidnapping, and seven counts of attempted aggravated robbery. After merging the two felony murder convictions, the trial court sentenced Petitioner to an effective term of life in prison plus twenty years. Petitioner appealed, and this court affirmed his convictions and sentence. Petitioner then filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, Petitioner argues that his trial counsel was ineffective for failing to (1) communicate with Petitioner effectively; (2) raise sufficient, proper objections to the State’s evidence; (3) introduce evidence on Petitioner’s behalf; and (4) file a timely motion for new trial. After review, we affirm the post-conviction court’s judgment.

Harry Clint Weaver, Jr. v. State of Tennessee
E2022-00228-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge William K. Rogers

The petitioner, Harry Clint Weaver, Jr., appeals the denial of his petition for postconviction
relief, which petition challenged his 2019 Sullivan County Criminal Court
guilty-pleaded convictions of first degree premeditated murder, felony murder, three
counts of aggravated assault, reckless endangerment, and aggravated domestic assault, for
which he received an effective sentence of life imprisonment. On appeal, the petitioner
argues that the post-conviction court erred in allowing trial counsel to remain in the
courtroom while the petitioner testified during the evidentiary hearing and that he was
deprived of the effective assistance of counsel. Discerning no error, we affirm.

State of Tennessee v. Emanuel Kidega Samson
M2022-00148-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Cheryl A. Blackburn

Defendant, Emanuel Kidega Samson, was convicted of three counts of civil rights intimidation, one count of first-degree premeditated murder, seven counts of attempted first-degree murder, seven counts of employing a firearm during the commission of a dangerous felony, twenty-four counts of aggravated assault, and one count of reckless endangerment. He received a sentence of life without the possibility of parole for his firstdegree murder conviction. The trial court imposed an effective sentence of 281 years for the remaining convictions to be served consecutively to the life sentence. On appeal, Defendant argues that the trial court improperly excluded expert testimony as to his mental health; that the evidence was insufficient to support his convictions for civil rights intimidation, attempted first-degree premeditated murder, and first-degree premeditated murder; that his conviction for civil rights intimidation in Count 3 of the indictment and his convictions for employing a firearm during the commission of a dangerous felony violated double jeopardy; that the State failed to make an election of offenses as to his convictions for civil rights intimidation; that the trial court erred by admitting a note he wrote; that the trial court erred by admitting a portion of the recordings of his jail phone calls; that the trial court incorrectly charged the jury that his failure to remember the facts of the offenses was not a defense; and that his sentence was improper. Following our review of the entire record, oral argument, and the parties’ briefs, we affirm the judgments of the trial court.

Ronnell Barclay v. State of Tennessee
W2022-00406-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Jennifer Johnson Mitchell

Petitioner, Ronnell Barclay, appeals as of right from the Shelby County Criminal Court’s
denial of his petition for post-conviction relief, wherein he challenged his convictions for
rape of a child, aggravated sexual battery, and sexual exploitation of a minor by electronic
means. On appeal, Petitioner asserts that he received ineffective assistance of trial counsel
because counsel (1) did not communicate to Petitioner that the victim made a new
disclosure on the first day of trial; (2) failed to request a continuance after the State
informed the trial court and Petitioner of the new disclosure; and (3) incorrectly informed
Petitioner of his potential exposure at trial as a result of the new disclosure. Following our
review, we affirm in part; however, we remand the case to the post-conviction court for
further findings of fact and conclusions of law relative to the exposure issue.

State of Tennessee v. Jasmine Lashay Bland
W2022-00174-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge A. Blake Neill

The Defendant, Jasmine Lashay Bland, was convicted by a Tipton County Circuit Court
jury of leaving the scene of an accident, assault, and burglary of a vehicle. She was
sentenced by the trial court as a Range I, standard offender to concurrent terms of two years
for the felony burglary of a vehicle conviction, six months for the assault conviction, and
thirty days for the leaving the scene of an accident conviction, with the sentences suspended
after thirty days of incarceration. On appeal, the Defendant argues that the trial court
committed reversible error by not allowing her to cross-examine the victim about a
potential source of bias related to the victim’s alleged insurance claim for personal injuries.
Based on our review, we conclude that this issue is waived because it was not raised in the
trial court. Accordingly, we affirm the judgments of the trial court.

State of Tennessee v. Shaquil Murphy
E2022-00605-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Shaquil Murphy, was convicted by a Knox County Criminal Court jury of
attempted first degree premeditated murder, attempted second degree murder, unlawful
possession of a firearm by a convicted felon, two counts of aggravated assault, and two
counts of employing a firearm during the commission of a dangerous felony. On appeal,
the Defendant challenges the sufficiency of the evidence for the attempted murder and
employing a firearm convictions and argues that the trial court erred by not dismissing the
employing a firearm counts of the indictment and by including duty to retreat language in
the jury instruction on self-defense. Based on our review, we affirm the judgments of the
trial court.

State of Tennessee v. Joel Michael Guy, Jr.
E2021-00560-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The defendant, Joel Michael Guy, Jr., appeals his Knox County Criminal Court jury
convictions of two counts of first degree premeditated murder, two counts of felony
murder, and two counts of abuse of a corpse, challenging the denial of various motions to
suppress evidence, the admission of certain evidence, the constitutionality of the statute
prohibiting abuse of a corpse, and the sufficiency of the evidence supporting his
convictions of abuse of a corpse and arguing that the cumulative effect of the errors entitles
him to a new trial. Because the defendant did not have standing to challenge the
warrantless entry into the house where the murders occurred, we affirm the denial of the
defendant’s motion to suppress evidence seized from the crime scene on grounds different
than those upon which the trial court relied. Even if the defendant had standing to challenge
the entry into the house, the entry was supported by probable cause and exigent
circumstances, and the evidence was in the officers’ plain view. The trial court correctly
concluded that the search of the backpack was an appropriately-conducted inventory
search. The trial court did not err by refusing to suppress surveillance video obtained using
the receipts discovered from the unlawful search of the defendant’s Louisiana residence
because the trial court correctly concluded that the police would have inevitably discovered
the surveillance video during the course of the investigation. The trial court did not err by
admitting evidence that the victims intended to stop providing financial support to the
defendant. The proscriptive statute criminalizing the abuse of a corpse is not void for
vagueness, and the evidence adduced at trial was sufficient to support the defendant’s
convictions of these offenses. Finally, because we conclude that the trial court did not
commit any error, no error obtains to accumulate. We affirm the judgments of the trial
court.

State of Tennessee v. Rickey Latinos Haymer
M2022-00515-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge James A. Turner

The Defendant, Rickey Haymer, appeals his convictions of crimes involving the attempted unlawful purchase or possession of a firearm. He argues that the evidence is insufficient to support his convictions because his actions in seeking to purchase a firearm did not constitute a “substantial step” toward the completed crimes. He also argues that the trial court committed plain error in admitting various text messages showing his contact with the putative seller. On our review, we respectfully affirm the judgments of the trial court.

State of Tennessee v. Justin Darnay Graves
W2021-01405-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald H. Allen

The Defendant-Appellant, Justin Darnay Graves, was convicted as charged by a Madison
County jury of simple possession of cocaine, felon in possession of a firearm, and
possession of drug paraphernalia, for which he received an effective sentence of six years’
plus eleven months and twenty-nine days’ imprisonment to be served consecutively to
several unrelated convictions including case numbers 20-330 (sale and delivery of heroin),
20-331 (sale and delivery of heroin and sale and delivery of methamphetamine), 20-332
(sale and delivery of heroin and sale and delivery of methamphetamine),1 20-334
(possession of drugs; traffic offense; introduction of contraband into a penal facility;
driving without a license; tampering with evidence), 2 and 20-335 (leaving the scene of
accident resulting in death), two of which were committed while the Appellant was
released on bond. Tenn. Code Ann. § 40-20-111(b). Prior to trial, the Appellant filed a
motion to suppress the evidence obtained during the traffic stop which formed the basis of
his convictions. As grounds for the motion to suppress, the Appellant argued that “the
amount of time between the initial traffic stop and the arrival of the [canine] unit [was]
unreasonable” and in violation of the Fourth Amendment of the United States Constitution
and article I, section 7 of the Constitution of Tennessee. Following a hearing, the trial court
denied the motion to suppress. In this appeal, the Appellant challenges the trial court’s
denial of his motion to suppress and the trial court’s imposition of partially consecutive sentencing. Because the State failed to establish that the otherwise lawful traffic stop was
not unreasonably prolonged in time and scope, we reverse the judgment of the circuit court,
vacate the judgments, and dismiss the case.

Christopher M. Black v. State of Tennessee
M2022-01274-CCA-R3-HC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Michael Collins

The Appellant, Christopher M. Black, appeals the trial court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

State of Tennessee v. Jay Dee Garrity
M2022-00725-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Angelita Blackshear Dalton

Jay Dee Garrity, Defendant, was convicted of three counts of aggravated sexual battery and sentenced to consecutive sentences of 17 years for each conviction. In this appeal as of right, Defendant asserts that: 1) the trial court erred by allowing evidence of Defendant’s prior bad acts; 2) it was plain error for the trial court to admit portions of the victim’s recorded interview; 3) the trial court abused its discretion in running Defendant’s sentences consecutively and his sentence is presumptively vindictive; 4) the trial court improperly restricted Defendant’s cross-examination of the victim; 5) the trial court erred in allowing the State to call a witness at trial without giving sufficient notice to Defendant; 6) the trial court erred by granting the State’s request for a special jury instruction; and 7) the evidence was insufficient to support Defendant’s convictions. Upon our review, we affirm the judgments of the trial court.

Tevin Dominique Lumpkin v. State of Tennessee
W2022-00747-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Donald E. Parish

Petitioner, Tevin Dominique Lumpkin, appeals as of right from the Henry County Circuit
Court’s denial of his petition for post-conviction relief, wherein he challenged his
conviction for first degree premeditated murder. On appeal, Petitioner asserts that he
received ineffective assistance of trial counsel because counsel failed to file a motion to
dismiss related to the State’s failure to collect, test, or maintain blood droplets from the
crime scene. He also argues that his due process rights were violated by the lost evidence
and because the post-conviction court did not force a witness to testify or, alternatively,
speak to post-conviction counsel. Lastly, he argues that the cumulative effect of these
errors requires relief. Following our review, we affirm the denial of post-conviction relief.

State of Tennessee v. Stephen M. Mobley
E2022-00440-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Barry A. Steelman

A Hamilton County jury convicted the Defendant, Stephen M. Mobley, of two counts of
first-degree premeditated murder, one count of attempted first-degree murder, one count
of aggravated assault, and one count of employing a firearm during the commission of a
dangerous felony. The trial court merged the attempted first degree murder and aggravated
assault convictions and imposed an effective sentence of life imprisonment plus twentysix
years. In his first appeal, the Defendant contended that the trial court erred when it
failed to make requisite findings based on Batson v. Kentucky regarding the State’s use of
a peremptory challenge to strike an African-American potential juror during voir dire.
State v. Stephen Maurice Mobley, No. E2020-00234-CCA-R3-CD, 2021 WL 3610905, at
*1 (Tenn. Crim. App., at Knoxville, Mar. 31, 2021). This court remanded the case for the
trial court to make appropriate findings pursuant to Batson. On remand, the trial court
concluded that the State’s exercise of the peremptory challenge did not violate Batson. The
Defendant again appeals, contending that the trial court erred. After our review, we affirm
the trial court’s judgments.

Michael Dominic Sales v. State of Tennessee
M2022-01280-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Forest A. Durard, Jr.

The Appellant, Michael Dominic Sales, appeals the post-conviction court’s order dismissing his post-conviction petition as untimely. Appointed counsel has moved to withdraw pursuant to Court of Criminal Appeals Rule 22. That motion is denied. Upon review of the appellate record on file, this Court hereby affirms the judgment of the post-conviction court pursuant to Court of Criminal Appeals Rule 20.

State of Tennessee v. Kevin McDougle
W2022-01103-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge W. Mark Ward

The petitioner, Kevin McDougle, appeals from the Shelby County Criminal Court’s
summary denial of his sixth pro se motion to correct an illegal sentence pursuant to
Tennessee Rule of Criminal Procedure 36.1. Based on our review of the record, the parties’
briefs, and the applicable law, we affirm the decision of the trial court.

State of Tennessee v. Jermaine Campbell
W2022-01039-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Glenn Ivy Wright

The defendant, Jermaine Campbell, pleaded guilty to aggravated statutory rape, and the trial court imposed a sentence of eight years’ incarceration in the Tennessee Department of Correction. On appeal, the defendant argues the trial court erred in denying his request for alternative sentencing. After reviewing the record and considering the applicable law, we conclude that a new sentencing hearing is necessary because the trial court failed to place the appropriate findings on the record. Additionally, corrected judgment forms are needed in counts one and two. Accordingly, the judgment of the trial court is reversed, and the case is remanded to the trial court.

State of Tennessee v. Steven Shawn Bowen
E2022-00691-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Sandra Donaghy

A Monroe County jury convicted the Defendant, Steven Shawn Bowen, of driving under
the influence, third offense, driving on a revoked license, second offense, and violation of
the financial responsibility for a motor vehicle statute. On appeal, the Defendant asserts
that the trial court erred when it: (1) “refused to allow [the Defendant] a court reporter;”
(2) denied his motion to dismiss based on the State’s failure to preserve video footage of
the stop and arrest; (3) denied his motion to dismiss based on the statute of limitations; and
(4) admitted the official toxicology report in the absence of witnesses to establish chain of
custody for the blood sample. Finally, the Defendant claims that there is insufficient
evidence to support his convictions. After review, we affirm the trial court’s judgments.

State of Tennessee v. Darries Leon Jackson
E2022-00298-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Alex

The Defendant, Darries Leon Jackson, was convicted by a Hawkins County Criminal Court
jury of first degree premeditated murder and sentenced to life imprisonment. The
Defendant raises five issues on appeal: (1) whether the evidence is sufficient to sustain his
conviction; (2) whether the trial court abused its discretion in admitting evidence of the
Defendant’s shooting of the victim’s daughter in violation of Tennessee Rule of Evidence
404(b); (3) whether the trial court erred by allowing the Defendant’s wife to testify about
conversations with the Defendant in violation of the Defendant’s marital privilege; (4)
whether the jury’s overhearing of jury-out proceedings deprived the Defendant of his right
to a fair trial; and (5) whether the Defendant was denied his right to a speedy trial. Based
on our review, we affirm the judgment of the trial court.