COURT OF CRIMINAL APPEALS OPINIONS

Tyler D. Bolton v. State of Tennessee
E2022-00836-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Stacy L. Street

The Petitioner, Tyler D. Bolton, appeals the Washington County Criminal Court’s denial of his petition for post-conviction relief from his guilty-pleaded convictions for possession of twenty-six grams or more of methamphetamine with intent to sell, unlawful possession of a firearm, and two counts of aggravated burglary.  On appeal, the Petitioner argues that the post-conviction court erred by denying his motion in limine to exclude jail call recordings from the post-conviction hearing.  The Petitioner also argues that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of trial counsel by trial counsel’s failing to adequately investigate the Petitioner’s mental health history and request a mental health evaluation prior to advising him to accept a plea offer.  We affirm the judgment of the post-conviction court.

State of Tennessee v. Antwain Tapaige Sales
M2022-01077-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Antwain Tapaige Sales, appeals the Bedford County Circuit Court’s order dismissing his claim that his judgments of conviction for second degree murder and attempted second degree murder are fraudulent and void. After review, we conclude that the appeal should be dismissed.

State of Tennessee v. Frank M. Green
M2021-01438-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Frank M. Green, was convicted by a Davidson County Criminal Court jury of rape in Counts 1 and 3 and assault by extremely offensive or provocative physical contact in Counts 2 and 4 and was acquitted of the charge of aggravated kidnapping in Count 5. The Defendant filed a post-trial motion for judgment of acquittal as to the rape conviction in Count 3 and the assault conviction in Count 4. The trial court denied this motion but merged Count 3 with Count 1 and merged Count 4 with Count 2. Following a sentencing hearing, the trial court imposed a sentence of ten years for each of the rape convictions and a sentence of eleven months and twenty-nine days for each of the assault convictions and ordered the rape and assault convictions served concurrently, for an effective sentence of ten years. On appeal, the Defendant argues: (1) the State’s faulty election of offenses led the trial court to provide erroneous and misleading jury instructions, which undermined the integrity of the jury’s verdict; (2) the evidence is insufficient to sustain the convictions in count 3 for rape and count 4 for assault; and (3) the convictions in Counts 2 and 4 reflect the incorrect offense class and sentence. Because the State failed to demonstrate beyond a reasonable doubt that errors regarding the election, the charge, and the supplemental jury instructions were harmless, we reverse the Defendant’s convictions and remand the case for a new trial on the offenses of rape in Counts 1 and 3 and the offenses of assault by extremely offensive or provocative physical contact in Counts 2 and 4.

State of Tennessee v. Frank M. Green - Dissenting
M2021-01438-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Cheryl A. Blackburn

I agree with the majority’s conclusion that the State’s election of the offenses was flawed and that the trial court erred in instructing the jury pursuant to the State’s faulty election. Cf. State v. Ellis, 89 S.W.3d 584, 596 (Tenn. Crim. App. 2000) (“[B]ecause the election requirement is ‘fundamental, immediately touching the constitutional rights of an accused,’ a trial court has a duty even absent a request by the defendant to ensure the timely election of offenses by the State and to properly instruct the jury concerning the requirement of a unanimous verdict.” (quoting Burlison v. State, 501 S.W.2d 801, 804 (Tenn. 1973)). I part ways with the majority regarding the remedy to which the Defendant is entitled for the double jeopardy issue which resulted from the State’s flawed election and the court’s reliance upon the election in its jury instructions.

State of Tennessee v. Michael Mosley
M2022-00441-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Angelita Blackshear Dalton

Michael Mosley, Defendant, claims the evidence was insufficient to support his conviction of attempted aggravated assault, that the trial court erred by not requiring the State to make an election as to the precise definition of serious bodily injury for which a conviction was being sought, and that the trial court erred by denying Defendant’s request for two special jury instructions. Discerning no error, we affirm the judgment of the trial court.

State of Tennessee v. Steven Lamont Anderson
No. M2022-00262-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Dee David Gay

A Sumner County jury convicted the defendant, Steven Lamont Anderson, of unlawful possession of a firearm after being convicted of a felony involving violence and unlawful possession of a handgun by a convicted felon, for which he received an agreed-upon sentence of twelve years in confinement. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. The defendant also argues the trial court erred in denying his motion to suppress and in sentencing the defendant as a Range II offender. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

State of Tennessee v. Marlon Jackson
W2022-01288-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

The Defendant, Marlon Jackson, appeals the trial court’s revocation of his three-year
probationary sentence for attempted possession of methamphetamine with the intent to sell
or deliver. The trial court revoked the Defendant’s probation after determining that he
materially violated his probation sentence for engaging in criminal activity and being
charged with new offenses. On appeal, the Defendant asserts that the trial court abused its
discretion when it revoked his probation because the evidence to support the violation was
“inconclusive, contradictory, and based upon unreliable hearsay.” After review, we
conclude that the record supports the trial court’s finding that the Defendant violated the
terms of his probation sentence.

State of Tennessee v. Fredrick Munn
W2022-00675-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James M. Lammey, Jr.

Fredrick Munn, Defendant, appeals from the Shelby County Criminal Court’s order
revoking his probation and ordering him to serve his original three-year sentence in
confinement. Upon review, we reverse the judgment of the trial court and remand for a
new revocation hearing.

State of Tennessee v. Mark Eric Howard
E2021-01195-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Don W. Poole

Defendant, Mark Eric Howard, was convicted after a jury trial of second degree murder, a
Class A felony, and sentenced to twenty-five years in confinement. On appeal, Defendant
argues that the evidence was insufficient to support his conviction for second degree
murder. After a thorough review of the record, we affirm the judgment of the trial court.

Leroy Sexton Jr. v. State of Tennessee
M2022-00100-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge E. Shayne Sexton

The Petitioner’s original and untimely petition for post-conviction relief was dismissed on the merits because all his claims were either waived or previously determined. Thereafter, the Petitioner filed a second petition alleging that the statute of limitations for his first petition should have been tolled due to his then mental incompetency. The post-conviction court dismissed the second petition, finding that the Petitioner was not mentally incompetent. On appeal, we conclude that, because the Petitioner’s first petition was resolved on the merits, any second or subsequent petition is barred, and any issue regarding the timely filing of the first petition is immaterial. Accordingly, we respectfully affirm the judgment of the post-conviction court.

State of Tennessee v. Kristopher Johnson
E2022-00302-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Kristopher Johnson, was convicted by a Knox County Criminal Court jury
of two counts of facilitation of first degree felony murder, a Class A felony; two counts of
criminally negligent homicide, a Class E felony; two counts of aggravated robbery, a Class
B felony; tampering with evidence, a Class C felony; aggravated burglary, a Class C
felony; and aggravated assault, a Class C felony. See T.C.A. §§ 39-11-403 (2018)
(facilitation), 39-13-202(a)(2) (2018) (subsequently amended) (first degree felony murder),
39-13-212(a) (2018) (criminally negligent homicide), 39-13-402 (2018) (aggravated
robbery), 39-16-503 (2018) (tampering with evidence), 39-14-403 (2018) (repealed and
replaced by § 39-13-1003) (aggravated burglary), 39-13-102 (Supp. 2017) (subsequently
amended) (aggravated assault). The court merged the criminally negligent homicide
convictions with the facilitation of first degree felony murder convictions. The court
sentenced the Defendant, a Range II offender, to thirty years for each of the counts of the
facilitation of first degree felony murder, eighteen years at 85% for each of the counts of
aggravated robbery, ten years for tampering with evidence, ten years for aggravated
burglary, and ten years for aggravated assault. The court imposed partially consecutive
sentencing, with an effective sentence of seventy years. On appeal, the Defendant contends
that: (1) the evidence is insufficient to support his convictions for the homicide and robbery
offenses, (2) the court erred in allowing the State to introduce evidence of the Defendant’s
street gang affiliation, (3) he was denied his fundamental right to cross-examine two
witnesses, (4) the court erred in ruling that a witness’s statement was hearsay, (5) the court
erred in determining that no violation of Tennessee Rule of Evidence 615 regarding
sequestration of witnesses occurred, (6) cumulative trial errors require reversal, and (7) the
court erred in its application of a sentencing enhancement factor. We affirm the judgments
of the trial court.

State of Tennessee v. Charles Hollon
M2022-00815-CCA-R9-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Thomas W. Graham

The Defendant, Charles Hollon, has been charged with second degree murder through the
delivery of fentanyl pursuant to Tennessee Code Annotated section 39-13-210(a)(3). In
this interlocutory appeal, the issue is whether the State must prove beyond a reasonable
doubt that the Defendant knew the substance being unlawfully distributed or delivered was
fentanyl or carfentanil. In a proposed jury instruction, the trial court held that it did, but
we respectfully disagree. Instead, we hold that the State may satisfy this element by
proving beyond a reasonable doubt that (i) the defendant disregarded a substantial and
unjustifiable risk that the substance delivered to the user was fentanyl or carfentanil; and
(ii) the defendant’s disregard of that risk constitutes a gross deviation from the standard of
care that an ordinary person would exercise under all the circumstances as viewed from the
defendant’s standpoint. Accordingly, we respectfully vacate the trial court’s order and
remand the case for further proceedings.

State of Tennessee v. Harrison Alexander Mason
W2021-01390-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge J. Weber McCraw

The Defendant, Harrison Alexander Mason, was convicted in the Fayette County Circuit
Court of three counts of rape of a child, three counts of aggravated sexual battery, and one
count of solicitation of a minor and received an effective sentence of fifty-seven years in
confinement. On appeal, the Defendant contends that the trial court committed plain error
by failing to exclude statements made by the victim during her forensic interviews pursuant
to Tennessee Rule of Evidence 404(b); that the trial court committed plain error by giving
a “vague” curative instruction and waiting until the final jury charge to give the instruction;
and that the trial court’s errors require reversal of the convictions under the cumulative
error doctrine. Based upon the oral arguments, the record, and the parties’ briefs, we affirm
the judgments of the trial court.

State of Tennessee v. Quincy M. Gordon
W2021-01190-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Donald H. Allen

The defendant, Quincy M. Gordon, entered an open plea to one count of forgery, and based
on his prior Michigan convictions, the trial court sentenced the defendant as a Range III,
career offender to six years’ incarceration in the Tennessee Department of Correction. On
appeal, the defendant argues the trial court erred in sentencing him as a Range III, career
offender based on his out-of-state convictions. Following our review, we reverse the
judgment of the trial court and remand for a new sentencing hearing.

Daniel Benson Taylor v. State of Tennessee
W2022-00737-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

Daniel Benson Taylor, Petitioner, appeals from the dismissal of his Renewed Petition for
Writ of Habeas Corpus (“the Renewed Petition”). Because the Renewed Petition does not
comply with the procedural requirements of Tennessee Code Annotated sections 29-21-
107(a) and (b)(1), (3), and (4), we affirm the judgment of the habeas corpus court.

State of Tennessee v. Roderick Turner
W2022-00584-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Mark L. Hayes

Following a jury trial, the Defendant, Roderick Turner, was convicted in the Dyer County
Circuit Court of three counts of aggravated assault, a Class C felony, and one count of
convicted felon in possession of a handgun, a Class E felony. The trial court sentenced the
Defendant as a Range III, persistent offender to ten years for each aggravated assault
conviction and four years for the convicted felon in possession of a handgun conviction
and ordered that the sentences be served consecutively, for a total effective sentence of
thirty-four years in the Tennessee Department of Correction. On appeal, the Defendant
contends that the evidence is insufficient to sustain his aggravated assault convictions and
that the trial court erred in ordering consecutive sentences. Based on our review, we affirm
the judgments of the trial court. We remand for the entry of corrected judgments in counts
one and two to reflect that the Defendant’s convictions for misdemeanor assault were
merged into the aggravated assault convictions involving the same victims.

Chad V. Hughes v. State of Tennessee
M2021-01526-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Robert Bateman

The Petitioner-Appellant, Chad V. Hughes, entered a guilty plea to exploitation of a minor by electronic means, a class C felony, and theft of property less than $1000, a class A misdemeanor.1 Pursuant to the plea agreement, the Petitioner received a suspended sentence of five years’ probation for the conviction of exploitation of a minor by electronic means and time served for the theft conviction. As part of the special conditions of probation, the Petitioner was subject to the requirements of the sex offender registry and required to have no contact with his ex-wife, his step-daughter-victim, or his biological daughter without a juvenile/divorce court order. The Petitioner now appeals the denial of post-conviction relief, alleging ineffective assistance of trial counsel in failing to pursue a bond reduction, in failing to conduct a pre-trial investigation, in failing to retain a digital forensic examiner, and in failing to advise the Petitioner of the legal implications that pleading guilty to exploitation of a minor by electronic means would have on his dependency and neglect case. Based on trial counsel’s alleged deficiencies, the Petitioner argues that his guilty plea was not knowingly and voluntarily entered. Upon our review, we affirm.

State of Tennessee v. Crystal Ann Michael
M2022-00580-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Vanessa Jackson

The defendant, Crystal Ann Michael, was convicted by a Coffee County jury of theft of property under $1,000, a Class A misdemeanor, and sentenced to sixty days in jail. On appeal, the defendant argues the evidence is insufficient to sustain her conviction. After review, we affirm the judgment of the trial court.

Jose Lemanuel Hall v. State of Tennessee
M2021-01556-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Angelita Blackshear Dalton

The petitioner, Jose Lemanuel Hall, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial and on appeal. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Adolphus Lebron Hollingsworth v. State of Tennessee
E2021-01100-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The petitioner, Adolphus Lebron Hollingsworth, appeals the denial of his petition for post-conviction relief, which petition challenged his conviction of second degree murder, alleging that he was deprived of effective assistance of counsel at trial and on appeal. Because the petitioner has failed to establish that he is entitled to post-conviction relief, we affirm the judgment of the post-conviction court. 

Justus G. Onyiego v. State of Tennessee
W2022-00629-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Glen Ivy Wright

The Petitioner, Justus G. Onyiego, was convicted in the Shelby County Criminal Court of
two counts of aggravated rape based on alternative theories. The trial court sentenced the
Petitioner to seventeen years for each conviction and merged the convictions. This court
affirmed the convictions, and the Petitioner filed a petition for post-conviction relief,
claiming that he received the ineffective assistance of counsel at trial and on appeal. The
post-conviction court held an evidentiary hearing, granted relief, and ordered a new trial
for both counts based on trial counsel’s failure to request jury instructions on any lesserincluded
offenses. The State appeals, claiming that the post-conviction court erred by
granting relief, and the Petitioner cross-appeals, claiming that the post-conviction court
erred by denying relief on his various other claims of ineffective assistance of counsel, that
the cumulative effect of trial counsel’s errors warrants relief, and that the post-conviction
court erred by denying his requests for funding for an investigator and a DNA expert.
Based on the oral arguments, the record, and the parties’ briefs, we reverse the postconviction
court’s granting relief for the Petitioner’s conviction of aggravated rape causing
bodily injury and reinstate his conviction for that offense. The judgment of the postconviction
court is affirmed in all other respects, and the case is remanded to the trial court
for further proceedings consistent with this opinion.

State of Tennessee v. Jimmie Elwood Shelton, Jr.
E2022-00875-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven W. Sword

The Defendant, Jimmie Elwood Shelton, appeals the trial court’s order revoking his
probation and ordering him to serve the balance of his sentence in confinement. While on
probation, the Defendant was again charged with multiple additional crimes. After a
hearing, the trial court revoked the Defendant’s probation and ordered him to serve the
remainder of his sentence in confinement. On appeal, the Defendant asserts that the trial
court abused its discretion when it revoked his probation and when it ordered him to
confinement. After review, we affirm the trial court’s judgments.

State of Tennessee v. Kayla Nicole Pauze
M2022-00284-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Dee David Gay

Defendant, Kayla Nicole Pauze was convicted by a jury of reckless homicide and
aggravated assault. The trial court sentenced Defendant to an effective ten-year sentence
in the Tennessee Department of Correction. On appeal, Defendant challenges the length,
range, and manner of her sentences. Following a thorough review of the record, the briefs
and oral arguments of the parties, we affirm the judgments of the trial court.

State of Tennessee v. William Riley Gaul
E2021-00734-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Bobby R. McGee

The Defendant, William Riley Gaul, was convicted by a Knox County Criminal Court jury
of first degree premeditated murder, first degree felony murder, possession of a firearm
during the commission of a dangerous felony, reckless endangerment, stalking, tampering
with evidence, and theft of property valued over $500. After merging the felony murder
conviction into the premeditated murder conviction, the trial court sentenced the Defendant
to an effective term of life imprisonment in the Tennessee Department of Correction. The
Defendant raises twelve issues on appeal, which we have condensed and reordered as
follows: (1) whether the trial court erred by denying the Defendant’s motion to dismiss the
especially aggravated stalking count of the presentment; (2) whether the trial court erred
by not sequestering the jury and by allowing the trial to be livestreamed by the media outlet
Law and Crime; (3) whether the trial court erred by admitting a Snapchat message between
the Defendant and the victim; (4) whether the trial court erred in allowing the State to
present character evidence in the form of testimony that the Defendant was controlling,
manipulative, and possessive in his relationship with the victim; (5) whether the Defendant
was denied his right to a fair trial by the State’s introduction of his use of the video game
“Call of Duty” and the related evidence that the game included “wall banging,” or killing
individuals by shooting through the walls of a building; (6) whether the trial court erred in
allowing Bobby Jones, Jr., to testify as an expert and to offer trajectory evidence; (7)
whether the trial court erred by allowing the State to introduce evidence of the Defendant’s
uncharged criminal conduct relating to the theft charge; (8) whether the evidence is
sufficient to sustain the convictions for first degree murder, felony murder, stalking,
possession of a firearm during the commission of a dangerous felony, and theft of property
valued over $500; (9) whether the jury returned mutually exclusive and patchwork verdicts;
and (10) whether the cumulative effect of the various alleged errors deprived the Defendant
of his right to a fair trial. Based on our review, we conclude that the Defendant’s felony
theft conviction in count three must be modified to a Class A misdemeanor and a sentence
of eleven months, twenty-nine days pursuant to the savings statute. The Defendant’s
remaining convictions are affirmed and the case remanded to the trial court for an amended
judgment in count three.

Kelvin Dewayne Golden v. State of Tennessee
W2022-00388-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Petitioner, Kelvin Dewayne Golden, appeals the Madison County Circuit Court’s
denial of his petition for post-conviction relief from his conviction for rape of a child. On
appeal, the Petitioner contends that the post-conviction court erred by denying relief on his
claims alleging that he received the ineffective assistance of trial counsel. The Petitioner
argues that counsel was ineffective by (1) failing to argue to the trial court that the
indictment was inconsistent with the charged jury instructions, (2) failing to utilize
impeachment evidence through the use of expert witnesses, (3) failing to properly
investigate the case, (4) failing to hire a private investigator and medical expert to review
physical or DNA evidence, and (5) failing to utilize the victim’s psychological records to
impeach the victim. After review, we affirm the judgment of the post-conviction court.