COURT OF CRIMINAL APPEALS OPINIONS

Shaun Alexander Hodge v. State of Tennessee
E2022-00911-CCA-R3-ECN
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge G. Scott Green

State of Tennessee v. Demetrice Livingston
W2022-01474-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Mark L. Hayes

The Defendant, Demetrice Livingston, was convicted by a Dyer County Circuit Court jury
of second degree murder and was sentenced by the trial court as a Range I offender to
twenty years at 100% in the Department of Correction, to be served consecutively to his
sentence in a drug case for which he had been sentenced to probation. The Defendant
raises three issues on appeal: (1) whether the evidence was sufficient to sustain his
conviction; (2) whether the trial court imposed an excessive sentence; and (3) whether the
State made an improper closing argument by referencing facts not in evidence and making
a comment that impermissibly bolstered the testimony of a State’s witness. Based on our
review, we affirm the judgment of the trial court but remand for the trial court to enter an
amended judgment imposing a concurrent sentence.

State of Tennessee v. Jarrett Michael Tolley
E2022-01805-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Lisa D. Rice

The Defendant, Jarrett Michael Tolley, pleaded guilty to multiple theft- and fraud-related
charges in the Washington County Criminal Court, for which she received a sentence of
seven years' incarceration suspended to fifteen years on community corrections. The
sentence was ordered to be served consecutively to a sentence of two years' incarceration
imposed in an unrelated case in Carter County, which resulted in a sentence of six years on
community corrections, for an effective sentence of twenty-one years to be served on
community corrections. The Defendant filed a motion to correct an illegal sentence
pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied. On
appeal, the Defendant contends that the trial court erred in denying relief. We affirm the
judgment of the trial court.

State of Tennessee v. Donnie Marquis Tharpe
E2022-01304-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Donnie Marquis Tharpe, appeals from the Knox County Criminal Court’s
probation revocation of the five-year, split-confinement sentence he received for his guiltypleaded
convictions for aggravated assault and evading arrest. On appeal, the Defendant
contends that the trial court abused its discretion by denying his request for a continuance
and by revoking his probation and ordering him to serve the remainder of his sentence in
confinement. We affirm the judgment of the trial court.

State of Tennessee v. Jeremy Jerome Hardison
E2022-00207-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

A Knox County jury convicted the Defendant, Jeremy Jerome Hardison, of first degree
premeditated murder. The Defendant appeals, contending that (1) the trial court erred by
denying the Defendant’s motion to recuse the trial judge; (2) the trial court erred by denying
the Defendant’s motion to suppress evidence obtained from the execution of a search
warrant on his residence; (3) the trial court unconstitutionally limited the Defendant’s
ability to cross-examine a witness; (4) the trial court erred by admitting expert ballistics
testimony at trial; and (5) the evidence was insufficient to prove the Defendant’s identity
as the perpetrator. After review, we affirm the judgment of the trial court.

State of Tennessee v. Jeffrey George Tulley
W2023-00086-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Donald H. Allen

Jeffrey George Tulley, Defendant, pleaded guilty to three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a dangerous felony. At sentencing, the trial court imposed three concurrent sentences of eleven years on the drug counts and a consecutive four-year sentence for the firearm counts, as a Range I offender, in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court imposed an excessive sentence. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court.

State of Tennessee v. Eula Beasley
M2022-00842-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Angelita Blackshear Dalton

The Defendant-Appellant, Eula Beasley, entered a guilty plea in the Davidson County Criminal Court to aggravated robbery (count one) and possession of a firearm with a prior conviction for a crime of violence (count two), for which he received an eight-year sentence for each count with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered these sentences to be served consecutively, for an effective sentence of sixteen years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in imposing consecutive sentences. Upon our review, we affirm the judgments of the trial court.

State of Tennessee v. Darrin Walker
W2022-01643-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Paula L. Skahan

Defendant, Darrin Walker, was indicted by a Shelby County Grand Jury for two counts of
first degree murder. After a jury trial, Defendant was found guilty as charged and
sentenced to concurrent life sentences. Defendant appeals, challenging the sufficiency of
the evidence. Because the evidence was sufficient to support the convictions, we affirm
the judgments of the trial court.

State of Tennessee v. William David Phillips
E2022-01148-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge O. Duane Slone

A Jefferson County jury convicted the defendant, William David Phillips, of four counts
of reckless homicide, one count of reckless endangerment, and one count of felony reckless
endangerment, for which he received an effective sentence of fourteen years, eleven
months, and twenty-nine days in confinement. On appeal, the defendant contends the trial
court erred in imposing an excessive sentence, denying probation, and imposing
consecutive sentences. After reviewing the record and considering the applicable law, we
affirm the judgments of the trial court. However, we remand the case for a corrected
judgment form in count three.

State of Tennessee v. Luther Ray Mabe, Jr.
E2022-00149-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Alex E. Pearson

The defendant, Luther Ray Mabe, Jr., appeals his Hawkins County Criminal Court jury
convictions of aggravated robbery and theft of property valued at more than $1,000, for
which he received an effective sentence of 10 years’ incarceration. On appeal, the
defendant challenges the sufficiency of the evidence supporting his aggravated robbery
conviction and argues that his sentence is excessive. We affirm the judgments of the trial
court but remand for entry of a corrected judgment reflecting the correct grade of theft for
which the defendant was convicted and merging the theft conviction into the aggravated
robbery conviction.

State of Tennessee v. Luther Ray Mabe, Jr.
E2022-00149-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Alex E. Pearson

I fully concur with my respected colleagues’ reasoning and judgment as it relates to
the Defendant’s sentencing issue. Regarding the Defendant’s sufficiency challenge,
however, I respectfully disagree with the majority’s contention that the facts at trial do not
support the State’s theory on appeal regarding when the shotgun was taken. Specifically,
I believe that the facts at trial, when viewed in the light most favorable to the State,
demonstrate that the Defendant had not completed the taking of the shotgun at the time that
the Defendant and the victim struggled over control of the rifle.

State of Tennessee v. Danny Lynn Collier
E2022-00146-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge William K. Rogers

The Defendant, Danny Lynn Collier, appeals the Sullivan County Criminal Court’s
ordering him to serve a four-year sentence in confinement after revoking his probation,
arguing that the trial court should have elected to place him back on supervised probation.
Based on our review, we affirm the judgment of the trial court.

State of Tennessee v. Shanynthia Gardner
W2022-00820-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James M. Lammey

Following a bench trial, Shanynthia Gardner (“Defendant”) was convicted of four counts
each of first degree premeditated murder, first degree felony murder in perpetration of
aggravated child abuse, first degree felony murder in perpetration of aggravated child
neglect, aggravated child abuse, and aggravated child neglect, for which she received an
effective sentence of life. In this direct appeal, Defendant contends that: (1) the trial court
used an incorrect legal standard in determining that she failed to carry her burden of
establishing her insanity at the time of the offenses; (2) the evidence is insufficient to
support her convictions; and (3) the trial court erred when it denied Defendant’s request to
make an offer of proof of the entirety of a witness’s audio recorded statement to police.
Following a thorough review, we affirm the judgments of the trial court.

Jamauri Ransom v. State of Tennessee
W2022-01660-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph T. Howell

A Madison County jury convicted the Petitioner, Jamauri Ransom, of aggravated robbery
and first degree felony murder. The Petitioner appealed, claiming insufficient evidence,
and this court affirmed the Petitioner’s conviction. State v. Jamauri Ransom, No. W2019-
02319-CCA-R3-CD, 2021 WL 1310877, at *1 (Tenn. Crim. App., April 8, 2021), perm.
app. denied (Tenn. July 12, 2021). The Petitioner timely filed a post-conviction petition,
alleging that he received the ineffective assistance of counsel because trial counsel failed
to move for a mistrial based upon alleged juror misconduct. After a hearing, the postconviction
court denied relief. After review, we affirm the post-conviction court’s
judgment.

State of Tennessee v. Donald Wayne Haynes
M2022-00828-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Michael Collins

The Defendant, Donald Haynes, pleaded guilty to two counts of attempted aggravated sexual battery in exchange for an effective sentence of eight years to be served on probation. At a subsequent restitution hearing, the trial court ordered the Defendant to pay $42,000 in restitution to the victim in monthly installments of $500. On appeal, the Defendant contends that there was insufficient evidence of pecuniary loss to support an order of restitution. After review, we reverse and remand the case for the trial court to determine the victim’s credibility, the victim’s pecuniary loss, if any, and to make adequate findings of fact, if any, to support the imposition of restitution based upon sufficient credible evidence of pecuniary loss.

State of Tennessee v. William Timothy Kirk
M2022-01334-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry R. Tidwell

Defendant, William Timothy Kirk, pleaded guilty to driving under the influence (DUI), first offense. The trial court sentenced Defendant to a term of eleven months, twenty-nine days in confinement, to be served at seventy-five percent. The trial court ordered the DUI sentence to be served consecutively to the life sentence for which Defendant was on parole at the time of the offense. On appeal, Defendant argues the trial court abused its discretion by imposing consecutive sentences. After review, we affirm the judgment of the trial court.

Roosevelt Morris v. Jason Clendenion, Warden
M2022-00857-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Michael E. Spitzer

Petitioner, Roosevelt Morris, appeals from the Hickman County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. Petitioner alleges he is entitled to relief because his sentence is unconstitutional under Blakely v. Washington, 542 U.S. 296 (2004), he did not receive timely pretrial notice of the State’s notice of intent to seek enhanced punishment, and because the habeas corpus court did not give him sufficient time to file a written reply to the State’s response to the habeas corpus petition. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Darren Marion Little
M2022-00738-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

The Defendant, Darren Marion Little, pleaded guilty to two counts of violating the Sex Offender Registry and one count of possessing a prohibited weapon. The trial court sentenced the Defendant as a Range III offender to an effective sentence of ten years of incarceration. On appeal, the Defendant contends, and the State concedes, that the trial court erred when it classified him as a Range III offender. After review, we agree with the parties. We reverse the trial court’s judgment and remand the case for resentencing.

State of Tennessee v. Theodore Devon Wells
M2022-00512-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Theodore Devon Wells, of sale of a Schedule II narcotic, cocaine, and delivery of a Schedule II narcotic, cocaine. The trial court sentenced the Defendant as a Range III offender to twenty-eight years. On appeal, the Defendant contends that the evidence is insufficient to support his convictions and that the trial court erroneously admitted certain items of evidence. He further contends that his Sixth Amendment right of confrontation was violated. Finally, he contends that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

State of Tennessee v. Chris M. Jones
W2023-00141-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chris Craft

Pro-se petitioner, Chris M. Jones, appeals the Shelby County Criminal Court’s denial of
his “Rule 36 Plain Error Motion for New Trial.” 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. Jermaine R. Carpenter
E2022-01352-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James F. Goodwin, Jr.

The Defendant, Jermaine R. Carpenter, appeals the trial court’s summary dismissal of his
second motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal
Procedure 36.1. Following our review, we affirm the judgment of the trial court pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals.

Edgar Bailey, Jr. v. State of Tennessee
E2022-01302-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Thomas C. Greenholtz

The Petitioner, Edgar Bailey Jr., appeals from the Hamilton County Criminal Court’s
denial of his petition for post-conviction relief from his convictions for first degree felony
murder, setting fire to personal property, and three counts of aggravated assault. The
Petitioner is serving an effective life sentence. On appeal, the Petitioner contends that: (1)
the post-conviction court erred when it denied relief under the Post-Conviction DNA
Analysis Act of 2001 (the DNA Act), Tennessee Code Annotated sections 40-30-301 to -
313 (2018), and (2) the Petitioner is entitled to relief under the cumulative error doctrine.
We affirm the judgment of the post-conviction court.

State of Tennessee v. Thakelyn J. Tate
E2022-00601-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Defendant, Thakelyn J. Tate, was convicted by a jury of conspiracy to possess more
than twenty-six grams of cocaine with the intent to sell or deliver in a drug-free zone.
See T.C.A. §§ 39-17-417(c) (2018) (subsequently amended) (possession of a controlled
substance) (2018), 39-17-432 (2018) (subsequently amended) (drug-free zone), 39-12-
103 (2018) (conspiracy). The jury likewise determined that the Defendant committed a
criminal gang offense, enhancing the felony classification of the conviction. See id. § 40-
35-121 (2019). The court imposed a fifteen-year sentence. On appeal, the Defendant
contends that the evidence is insufficient to support the criminal gang enhancement. We
affirm the judgment of the trial court.

State of Tennessee v. Durrell James a/k/a James Durrell
W2022-01204-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Jennifer Johnson Mitchell

Defendant, Durrell James a/k/a/ James Durrell, was convicted by a Shelby County Jury of
three counts of aggravated stalking (Counts 1 through 3) and one count of stalking (Count
4). The trial court imposed a four-year sentence for each count of aggravated stalking in
Counts 1 through 3, and eleven months, twenty-nine days for stalking in Count 4. The trial
court further ordered that the sentence in Count 2 be served consecutively to Count 1 and
concurrently with the sentences in Counts 3 and 4 for an effective eight-year sentence as a
Range II multiple offender to be served in a local workhouse. On appeal, Defendant argues
that the evidence was insufficient to support his convictions. Following our review of the
entire record and the briefs of the parties, we affirm the judgments of the trial court but
remand for correction of a clerical error on the judgment form for Count 2 to reflect that it
is to be served consecutively to Count 1 and concurrently with Counts 3 and 4.

James William Mabe v. State of Tennessee
M2022-01242-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Larry B. Stanley, Jr.

Petitioner, James William Mabe, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his petition alleging ineffective assistance of counsel at trial. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.