COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Seth Powell
E2022-00347-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

A Knox County Criminal Court jury convicted the defendant, Seth Powell, of possession
with intent to sell, deliver, or manufacture 15 grams or more of heroin within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture fentanyl within 1,000 feet of
a park; possession with intent to sell, deliver, or manufacture .5 grams or more of cocaine
within 1,000 feet of a park; three counts of possession of a firearm with the intent to go
armed during the commission of a dangerous felony; three counts of possession of a firearm
with the intent to go armed during the commission of a dangerous felony after having been
previously convicted of a dangerous felony; and evading arrest. The trial court merged
various convictions and imposed an effective 16-year sentence. On appeal, the defendant
contends that the evidence is insufficient to support his convictions, that the trial court erred
in failing to exclude inadmissible hearsay evidence, that his separate convictions for
possession of heroin and fentanyl should be merged because they were contained in the
same mixture, and that his firearm convictions should be merged into one conviction.
Upon review, we affirm the judgments of the trial court but remand to the trial court for
entry of judgments in Counts 8, 10, 14, and 16 through 21, showing that the charges for
those counts were dismissed by the State.

Knox Court of Criminal Appeals

State of Tennessee v. Willie Locust
W2022-01026-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Mark L. Hayes

Defendant, Willie Locust, was convicted after a bench trial in Count 1 of possession of
more than 0.5 grams of cocaine with the intent to sell or deliver, a Class B felony; in Count
2 of possession of more than 0.5 grams of methamphetamine with the intent to sell or
deliver, a Class B felony; in Count 3 of simple possession of Xanax, a Class A
misdemeanor; in Count 8 of unlawful possession of brass knuckles, a Class A
misdemeanor; in Count 9 of possession of a firearm during the commission of a dangerous
felony, a Class D felony; and in Count 10 of possession of a firearm by a convicted violent
felon, a Class B felony. For these convictions, Defendant was sentenced to an effective
twenty-eight years in confinement. On appeal, Defendant argues that (1) the trial court
erred by denying his pretrial motions to suppress the evidence obtained from a search of
his hotel room; (2) the evidence was insufficient to support his convictions; and (3) the trial
court erred by ordering partial consecutive service of his sentences. After a thorough
review of the record, we affirm the judgments of the trial court. However, because the trial
court erroneously merged Counts 9 and 10, we order the trial court to reinstate the judgment
in Count 9 and to impose a sentence on that count. We also remand for correction of a
clerical error in the judgment in Count 3 to show the conviction offense as Tennessee Code
Annotated section 39-17-418 rather than section 39-17-417.

Dyer Court of Criminal Appeals

Demarcus Keyon Cole v. State of Tennessee
W2023-00517-CCA-R3-ECN
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Donald H. Allen

The petitioner, Demarcus Keyon Cole, appeals the dismissal of his petition for writ of error
coram nobis, which petition challenged his 2013 Madison County Circuit Court jury
convictions for felony murder and especially aggravated robbery, arguing that he is entitled
to a new trial due to newly discovered evidence. Discerning no error, we affirm.

Madison Court of Criminal Appeals

State of Tennessee v. Robert L. Cody, III
E2022-00947-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Kyle A. Hixson

Defendant, Robert L. Cody, III, was convicted of conspiracy to possess 26 grams or more of cocaine with intent to sell within 1,000 feet of a drug-free zone (count one); possession of a firearm with intent to go armed during the commission of a dangerous felony (count two); possession of a firearm by a convicted felon (count three); and the jury found that Defendant committed a criminal gang offense (count ten) enhancing count one to a Class A felony. The trial court imposed an effective thirty-three year sentence to be served in the Department of Correction. On appeal, Defendant argues: (1) that the trial court erred by denying his motion to dismiss counts two and three for failure to charge an offense, and count ten of the presentment for failure to give proper notice of the gang enhancement; (2) that the trial court erred by failing to declare a mistrial after the State read the presentment to the jury; (3) that the trial court erred by excluding Investigator Jinks from the Rule of Sequestration; (4) that the trial court erred by admitting text messages that were not properly authenticated; (5) that the evidence was insufficient to support Defendant’s drug conspiracy conviction in count one; (6) that the criminal gang enhancement violated double jeopardy and the doctrine of collateral estoppel; (7) that the trial court erred in sentencing Defendant under the prior version of the Drug-Free Zone Act; and (8) that this court should resentence Defendant under the 2022 amendments to the Drug-Free Zone Act. Following our review of the entire record, oral arguments, and the parties’ briefs, we affirm the
judgments of the trial court.

Knox Court of Criminal Appeals

Terrance Lawrence v. State of Tennessee
M2023-00471-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Jennifer L. Smith

The Petitioner, Terrance Lawrence, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for especially aggravated kidnapping, aggravated assault, domestic assault, driving while his license was suspended, and possession of a firearm after having been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon, for which he is serving an effective sixty-year sentence. On appeal, he contends that the post-conviction court erred in denying relief based upon his ineffective assistance of counsel allegations. We affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. William James Andrews
M2022-00812-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James G. Martin, III

Following a bench trial, the trial court found the Defendant, William James Andrews, guilty of two counts of vehicular homicide by intoxication, two counts of vehicular homicide by recklessness, two counts of reckless aggravated assault resulting in death, and two counts of vehicular homicide with a prior DUI conviction. The trial court imposed an agreed-upon twenty-year sentence in the Tennessee Department of Correction. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress evidence of drugs in his blood, contending that he did not give consent for a blood draw. After review, we affirm the trial court’s judgments.

Williamson Court of Criminal Appeals

State of Tennessee v. Robert J. Whittenburg
E2022-01342-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Thomas W. Graham

A Franklin County jury1 convicted Robert J. Whittenburg, Defendant, of two counts of first degree premeditated murder. After a sentencing hearing, the trial court imposed two consecutive life sentences. On appeal, Defendant argues: (1) the State did not present sufficient evidence of premeditation; (2) the trial court improperly denied Defendant’s request for a special jury instruction on premeditation; (3) the trial court improperly addressed concerns about irregularities during jury deliberations; and (4) the trial court impaired the jury when it briefly prohibited smoke breaks and then changed its mind. After review, we affirm the judgments of the trial court but remand the case for resolution of procedural issues related to the change of venue and entry of revised judgments.

Court of Criminal Appeals

Ray L. Morehead v. State of Tennessee
W2022-01215-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge W. Mark Ward

The Petitioner, Ray L. Morehead, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing, unintelligent, and involuntary.  Based on our review, we affirm the judgment of the post-conviction court denying the petition. 

Shelby Court of Criminal Appeals

State of Tennessee v. Ambreia Washington
W2022-01201-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Roy B. Morgan, Jr.

The Defendant, Ambreia Washington, was convicted by a Madison County Circuit Court
jury of unlawful possession of a weapon by a convicted felon, a Class B felony; resisting
arrest, a Class B misdemeanor; and driving with a canceled, suspended or revoked license
(second offense), a Class A misdemeanor, for which he received an effective fifteen-year
sentence. See T.C.A. §§ 39-17-1307 (2018) (subsequently amended) (unlawful
possession of weapon), 39-16-602 (2018) (resisting arrest), 55-50-504 (2020) (canceled,
suspended or revoked license). On appeal, the Defendant contends that the trial court
erred in denying his motion to suppress, failing to dismiss the indictment due to missing
evidence, admitting certain photographs into evidence at trial, and denying a motion for a
mistrial as a result of prosecutorial misconduct. The Defendant also contends that the
cumulative nature of the errors warrant relief. We affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Giorgio Jennings
W2022-01533-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Chris Craft

The Appellant, Giorgio Jennings, was convicted by a Shelby County jury of six counts of
aggravated rape, five counts of aggravated robbery, three counts of aggravated assault,
three counts of facilitation of aggravated assault, three counts of aggravated kidnapping,
aggravated burglary, and employing a firearm during the commission of a dangerous
felony. The trial court sentenced the Appellant to an effective sentence of one hundred and
thirty-two years in confinement. In this appeal, he challenges: (1) the sufficiency of the
evidence supporting his convictions; and (2) the trial court’s imposition of partial
consecutive sentences. After review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Timothy Alan Stephenson
E2023-00241-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge G. Scott Green

Defendant, Timothy Alan Stephenson, was indicted by the Knox County Grand Jury for
(1) possession of 0.5 grams or more of cocaine with intent to sell or deliver; (2) possession
of a firearm during the commission of a dangerous felony; (3) possession of a firearm after
having been convicted of a violent felony; and (4) possession of a firearm by a convicted
felon. He pled guilty to counts one and three of the indictment and agreed to concurrent
ten-year sentences with the trial court to determine the manner of service. Counts two and
four were dismissed pursuant to the agreement. The trial court sentenced Defendant to
serve the ten-year concurrent sentences in confinement. Defendant appeals, arguing that
the trial court abused its discretion in denying probation. Following our review of the
record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial
court but remand for entry of judgment forms for the counts dismissed pursuant to the plea
agreement.

Knox Court of Criminal Appeals

State of Tennessee v. Jerome Nchiyako Dooley, Alias
E2023-00881-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge G. Scott Green

Defendant, Jerome Nchiyako Dooley, appeals the Knox County Criminal Court’s partial
revocation of his probation. He argues on appeal that: (1) the trial court revoked
Defendant’s probation on grounds not alleged in the warrant, in violation of due process;
(2) the State failed to prove that Defendant violated the terms of his probation; and (3) the
trial court violated Defendant’s due process rights by failing to act as a neutral and detached
magistrate. After review, we affirm the judgment of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Cantrell Devon Hodges
W2023-00108-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Kyle C. Atkins

The defendant, Cantrell Devon Hodges, pleaded guilty to two counts of possession of a
firearm after having been convicted of a felony drug offense, two counts of possession of
marijuana with intent to sell or deliver, and one count of possession of drug paraphernalia
after the trial court denied his motion to suppress evidence recovered from his home. As
part of his plea agreement, he reserved a certified question of law for appeal, challenging
the denial of his motion to suppress. Because the certified question is not dispositive of the
case as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A), we dismiss the
appeal.

Madison Court of Criminal Appeals

Dariun Bailey v. State of Tennessee
W2023-00809-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer J. Mitchell

A Shelby County jury convicted the Petitioner, Dariun Bailey, of second-degree murder,
aggravated assault, and reckless endangerment, and the trial court sentenced him to twentytwo
years of incarceration. State v. Bailey, No. W2015-00542-CCA-R3-CD, 2016 WL
3645141, at *1 (Tenn. Crim. App. June 29, 2016), perm. app. denied (Tenn. Oct. 20, 2016).
This Court affirmed his convictions on appeal. The Petitioner filed a timely petition for
post-conviction relief in which he alleged, as relevant to this appeal, that his trial counsel:
failed to adequately review and inspect discovery, coerced the Petitioner into testifying,
and failed to adequately meet with the Petitioner to review the evidence and prepare him
for trial. The post-conviction court dismissed the petition after a hearing. After review,
we affirm the post-conviction court’s judgment.

Shelby Court of Criminal Appeals

State of Tennessee v. Stasey Tyrome Gregory, Jr.
M2023-00166-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

In 2022, the Defendant, Stasey Tyrome Gregory, Jr., pleaded guilty to six counts of methamphetamine related charges, and the trial court sentenced the Defendant to an effective sentence of fifteen years of incarceration. On appeal, the Defendant asserts that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

Lincoln Court of Criminal Appeals

State of Tennessee v. Lemonderius Antwan Goodner
M2022-01361-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Steve R. Dozier

The defendant, Lemonderius Antwan Goodner, was convicted by a Davidson County Criminal Court jury of premeditated first-degree murder, felony murder, and attempted especially aggravated robbery, for which he received an effective sentence of life imprisonment plus ten years. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Shawn Rafael Bough
E2022-01788-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Steven Wayne Sword

The petitioner, Shawn Rafael Bough, appeals the Knox County Criminal Court’s summary
denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of
Criminal Procedure 36.1. Discerning no error, we affirm.

Knox Court of Criminal Appeals

State of Tennessee v. Michael Lee Woods, Jr.
M2022-01168-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steve R. Dozier

Michael Lee Woods, Jr., Defendant, was convicted by a jury of two counts of first degree murder, one count of felony murder, one count of attempted first degree murder, one count of employing a firearm during the commission of a dangerous felony, and one count of possession of a firearm after having been convicted of a felony drug offense. The convictions stemmed from an incident that left two people dead and one person paralyzed. Defendant was sentenced to an effective sentence of two consecutive life sentences plus 10 years. Following the denial of a motion for new trial, Defendant appealed, challenging: (1) the trial court’s decision to permit the State to introduce evidence of Defendant’s involvement in two unrelated shootings in violation of Tennessee Rule of Evidence 404(b); (2) the trial court’s decision to permit the State to introduce a video clip in which Defendant is seen brandishing a gun; (3) the sufficiency of the evidence with respect to the convictions for first degree murder, felony murder and attempted first degree murder; and (4) his sentence. Defendant also alleges that cumulative errors during the trial entitle him to reversal of the convictions. Because trial counsel failed to object to the introduction of evidence about the two unrelated shootings as well as the video clip of Defendant brandishing a gun and Defendant failed to establish all five factors necessary for plain error review, he is not entitled to relief on those issues. Moreover, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Defendant. Consequently, the judgments of the trial court are affirmed. However, we remand the matter to the trial court for correction of the judgment form in Count 5 to reflect that the sentence runs consecutively to Counts 1, 2, and 4.

Davidson Court of Criminal Appeals

State of Tennessee v. John Shaffighi
E2022-00525-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge G. Scott Green

A Knox County jury found the Defendant, John Shaffighi, guilty of aggravated rape and aggravated sexual battery from events occurring in 1992. He was sentenced to an effective term of twenty-five years. On appeal, the Defendant challenges the legal sufficiency of the evidence supporting his convictions. He also asserts the trial court erred by (1) denying a motion to dismiss in light of missing evidence; (2) allowing the victim’s forensic interview to be played at trial; (3) denying his motion for a mistrial after testimony from the victim; (4) limiting the testimony of his expert witness; (5) instructing the jury on its deliberation during its deadlock; and (6) imposing the maximum sentence after misapplying enhancement factors and failing to apply mitigating factors. The State concedes that the Defendant was not sentenced properly under the pre-2005 sentencing statutes. Upon our review, we affirm the Defendant’s convictions but respectfully remand the case for resentencing in accordance with Blakely v. Washington, 542 U.S. 296 (2004).

Knox Court of Criminal Appeals

State of Tennessee v. Roger Dean Guin
E2022-00391-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge G. Scott Green

The defendant, Roger Dean Guin, appeals his Knox County Criminal Court jury
convictions of aggravated sexual battery, rape of a child, assault, rape, incest, and sexual
battery by an authority figure, arguing that the trial court erred by denying his motion to
suppress his statement and that the evidence was insufficient to support his convictions.
Because the State’s elections in Counts 8, 9, and 10 were insufficient to protect the
defendant’s right to a unanimous jury verdict and to protect against violations of the
principles of double jeopardy, we vacate those convictions and remand for a new trial on
those counts. We also remand the case to the trial court for entry of corrected judgments
in Counts 3, 5, and 7 reflecting the merger of those convictions into Counts 2, 4, and 6
respectively and reflecting the proper misdemeanor classification and sentences. We
reverse the conviction in Count 1 and affirm the trial court’s judgments in all other respects.

Knox Court of Criminal Appeals

Sylvia Cobbins v. Michael Feeney et al.
M2022-01357-COA-R3-CV
Authoring Judge: Judge Andy D. Bennett
Trial Court Judge: Chancellor Anne C. Martin

This appeal involves claims to three disputed areas based on adverse possession and prescriptive easement. We affirm the trial court’s decision denying the plaintiff’s claims.

Davidson Court of Criminal Appeals

State of Tennessee v. Robert W. Pitt, II
M2022-01730-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Dee David Gay

This appeal concerns sentencing issues only. Defendant, Robert W. Pitt, II, pleaded guilty in the Sumner County Criminal Court to five counts of statutory rape by an authority figure, involving one victim. After a sentencing hearing, the trial court sentenced Defendant to six years in confinement on each conviction and ordered the sentences to run consecutively, for an effective thirty-year sentence. Defendant argues on appeal that his sentences are excessive and that the trial court abused its discretion in ordering consecutive sentencing. We affirm.

Sumner Court of Criminal Appeals

State of Tennessee v. Jeremy Wayne Stephens
E2023-00334-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Alex E. Pearson

The Defendant, Jeremy Wayne Stephens, appeals his conviction for theft of property
valued at $1,000 or less. On appeal, the Defendant argues that (1) the evidence is
insufficient to sustain his conviction, (2) the Defendant was subjected to discriminatory
prosecution, and (3) the Defendant’s due process rights were violated because the
Defendant received the ineffective assistance of trial counsel. We affirm the Defendant’s
conviction.

Hamblen Court of Criminal Appeals

State of Tennessee v. Guillermo Zapata
W2023-00111-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Paula L. Skahan

The Defendant, Guillermo Zapata, was convicted in the Shelby County Criminal Court of
two counts of aggravated sexual battery, a Class B felony. After a sentencing hearing, the
trial court merged the convictions and sentenced him to seven years, two months, and
twelve days in confinement. On appeal, the Defendant contends that the evidence is
insufficient to support the convictions, that the trial court erred by denying his motion to
dismiss the indictment based on due process and speedy trial grounds, and that the trial
court erred by instructing the jury on flight. Based upon our review, we affirm the
judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Dantis Lakka-Lako
M2023-00080-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jennifer L. Smith

A Davidson County jury convicted the Defendant, Dantis Lakka-Lako, of one count of especially aggravated robbery, two counts of aggravated rape, one count of especially aggravated burglary, and two counts of theft of property. The trial court sentenced the Defendant to an effective sentence of fifty years of incarceration. On appeal, the Defendant asserts that the trial court erred when it denied his motion to suppress his confession. He additionally contends that the evidence was insufficient to support his convictions for especially aggravated robbery and aggravated rape, and that the trial court erred when it sentenced him. After review, we affirm the trial court’s judgments.

Davidson Court of Criminal Appeals