COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Anthony Eugene Barnett
M2023-00957-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge M. Caleb Bayless

The defendant, Anthony Eugene Barnett, appeals his Lawrence County Circuit Court conviction of theft of services, arguing that his judgment of conviction contains a clerical error by listing the incorrect statute for his conviction and that the trial court erred in denying his oral motion to continue his case, made the day of his trial.  Upon review of the record, we remand the case to the trial court for entry of a corrected judgment reflecting the defendant’s conviction for theft of services.  Because the record includes neither a transcript of the defendant’s oral motion to continue his case, the trial court’s ruling thereupon, nor a transcript of the trial, we conclude that the issue is waived and affirm the judgment of the trial court.

Lawrence Court of Criminal Appeals

State of Tennessee v. Cecil Cemontaie Burnice
M2023-00793-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr
Trial Court Judge: Judge William R. Goodman, III

Cecil Cemontaie Burnice, Defendant, claims the trial court erred by revoking his probation based on new criminal charges of aggravated robbery and criminal trespass because Defendant was subsequently found not guilty by a jury of aggravated robbery and the State dismissed the criminal trespass count  We determine that the trial court did not abuse its discretion by revoking Defendant’s probation based on the evidence presented at the revocation hearing.  We affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

State of Tennessee v. Jaylun Malik Currie
W2023-00698-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge A. Blake Neill

A Tipton County Grand Jury indicted Defendant for especially aggravated kidnapping,
especially aggravated burglary, and aggravated assault by strangulation. Prior to trial,
counts one and two of the indictment were amended to aggravated kidnapping and
aggravated burglary. Following a jury trial, Defendant was convicted of aggravated
kidnapping, aggravated assault by strangulation, and aggravated criminal trespass. The
trial court sentenced Defendant to an effective eight-year sentence. Defendant appeals,
arguing that the evidence was insufficient to support his convictions for aggravated
kidnapping and aggravated assault by strangulation. Following our review of the entire
record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial
court.

Tipton Court of Criminal Appeals

State of Tennessee v. Jamieum Alvin Reid
W2023-00925-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Donald H. Allen

Defendant, Jamieum Alvin Reid, was indicted by a Madison County Grand Jury for
possession of 0.5 grams or more of cocaine with intent to sell, possession of 0.5 grams or
more of cocaine with intent to deliver, and possession of methamphetamine. Defendant
pled guilty as charged and agreed to an effective eight-year sentence, with the manner of
service to be determined by the trial court. The trial court sentenced Defendant to serve
his sentence in confinement. Defendant appeals, arguing that the trial court abused its
discretion in denying alternative sentencing because he was already approved by a
community based program, and the State failed to present evidence that an alternative
sentence was inappropriate. Following our review of the record, the briefs of the parties,
and the applicable law, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Antonio D. Gause a/k/a Bebop
W2023-00617-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge A. Blake Neill

The Defendant, Antonio D. Gause, was convicted by a Lauderdale County Circuit Court jury of two counts of first degree felony murder under alternate theories; especially aggravated robbery, a Class A felony; and accessory after the fact, a Class E felony. After merging the felony murder convictions, the trial court sentenced the Defendant to concurrent terms of life imprisonment for the first degree felony murder conviction, twenty-five years for the especially aggravated robbery conviction, and two years for the accessory after the fact conviction, for an effective sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the Defendant challenges the sufficiency of the evidence in support of his convictions. Based on our review, we affirm the judgments of the trial court.

Lauderdale Court of Criminal Appeals

State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr. - DISSENT
W2022-01009-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Clayburn Peeples

Police officers in this case obtained a confession from a juvenile by threatening him with the death penalty, repeatedly denying his requests for his mother who was present at the station, and interrogating him for over six hours in the middle of the night. After reviewing the totality of the circumstances, I would have concluded that the trial court erred in denying the Defendant’s motion to suppress because the Defendant’s Miranda waiver was invalid and his confession was involuntary. I also would have concluded that the juvenile court erred in finding probable cause that the Defendant committed the offenses. Therefore, I must respectfully dissent.

Gibson Court of Criminal Appeals

State of Tennessee v. Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr.
W2022-01009-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Clayburn Peeples

A Gibson County jury convicted the defendant, Antonio Demetrius Adkisson a/k/a Antonio Demetrius Turner, Jr., of two counts of second-degree murder, for which he received an effective sentence of twenty years in confinement. On appeal, the defendant contends (1) that the juvenile court erred in transferring the defendant to circuit court and (2) that the trial court erred in failing to suppress the defendant’s statement. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Gibson Court of Criminal Appeals

State of Tennessee v. Kesean Dewayne Hall
M2022-01176-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steve R. Dozier

The Defendant, Kesean Dewayne Hall, appeals his jury convictions for second degree murder, attempted second degree murder, employing a firearm during the commission of or attempt to commit a dangerous felony, and criminal trespass. For these convictions, he received an effective thirty-five-year sentence. On appeal, the Defendant challenges (1) the denial of his motion to sever the separate shooting episodes; (2) the sufficiency of the convicting evidence; (3) the admission of video footage showing the Defendant trespassing on the housing development’s property; and (4) the admission of “video evidence related to Crime Scene 3.” He also raises a claim of cumulative error and a challenge to his sentence. Following our review, we conclude that due to inadequacies in the Defendant’s appellate brief, all of his issues are waived save sufficiency of the evidence. First, relative to the sufficiency of the evidence, we conclude that the evidence was insufficient to support the Defendant’s criminal trespass conviction, and that conviction must be reversed and dismissed. Next, the evidence’s being sufficient to support the Defendant’s remaining convictions for second degree murder, attempted second degree murder, and employing a firearm during the commission of or attempt to commit a dangerous felony, those convictions are affirmed. The case is remanded to the trial court for further proceedings consistent with this opinion.

Davidson Court of Criminal Appeals

State of Tennessee v. Lavondas C. Nelson
M2023-00176-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Barry R. Tidwell

A Rutherford County jury found Defendant, Lavondas C. Nelson, guilty of two counts of sale of more than 0.5 grams of cocaine within 1,000 feet of a school (Counts 1 and 2), and sale of more than 0.5 grams of cocaine (Count 3). The trial court sentenced him to forty years in the Tennessee Department of Correction (TDOC). On appeal, Defendant argues the evidence was insufficient to establish that he sold cocaine within a school zone, the trial court erred in failing to instruct the jury on entrapment, and his sentence is excessive. After review, we affirm the judgments of the trial court. However, we remand the case to the trial court for entry of revised judgments in Counts 1 and 2 that reflect the proper release eligibility for those offenses.

Rutherford Court of Criminal Appeals

State of Tennessee v. Adrian Moore
W2023-00664-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Defendant, Adrian Moore, was convicted in the Shelby County Criminal Court of second degree murder, voluntary manslaughter, especially aggravated robbery, and two counts of possession of a firearm by a convicted felon and received an effective sentence of forty-six years in confinement. On appeal, the Defendant claims that the evidence is insufficient to support his convictions of second degree murder and especially aggravated robbery. Based upon our review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Nakomis Jones
W2022-01638-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Melissa Boyd

For events in 2001, a Shelby County jury convicted the Petitioner, Nakomis Jones, of murder, kidnapping, and gun related charges, and the trial court sentenced him to an effective sentence of life in prison plus thirty-eight years. The Petitioner unsuccessfully appealed his convictions, as well as filed for post-conviction relief, Federal habeas corpus relief, and motions to reopen the denial of relief in each instance. As relevant here, in 2022, the Petitioner filed a petition pursuant to the Post-Conviction Fingerprint Analysis Act of 2021. He sought fingerprint analysis of the palm print and a handgun collected during the investigation. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner contends that the post-conviction court erred when it denied his petition. After review, we affirm the post-conviction court’s judgment.

Shelby Court of Criminal Appeals

Nicholas D. Brooks v. State of Tennessee
W2023-00824-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Chris Craft

The Petitioner, Nicholas D. Brooks, appeals the Shelby County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions for two counts of first degree felony murder, one count of especially aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, the Petitioner contends that he received ineffective assistance of trial and appellate counsel. Based on our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Antonio Turley
W2022-01810-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Lee V. Coffee

A Shelby County jury convicted the Defendant, Antonio Turley, of attempted first degree murder, attempted first degree murder with serious bodily injury, and reckless endangerment with a dangerous weapon. The trial court imposed a total effective sentence of two consecutive life sentences without the possibility of parole. On appeal, the Defendant challenges the admission of certain evidence and the sufficiency of the evidence. He also alleges prosecutorial misconduct. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

Carl Franklin Pendergrast v. State of Tennessee
M2023-00057-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Forest A. Durard, Jr.

Petitioner, Carl Franklin Pendergrast, appeals the Bedford County Circuit Court’s denial of post-conviction relief from his guilty-pleaded convictions for four counts of sale of methamphetamine less than .5 grams, two counts of sale of hydrocodone, one count of sale of cocaine less than .5 grams, and one count of conspiracy to deliver methamphetamine less than .5 grams, for which he received a total effective sentence of twenty-six years’ incarceration. Petitioner contends that he is entitled to post-conviction relief because his guilty pleas were the product of coercion and, therefore, not voluntarily entered. Following a thorough review, we affirm the post-conviction court’s denial of relief.

Bedford Court of Criminal Appeals

Patrick Marshall v. Brandon Watwood, Warden
W2023-01314-CCA-R3-HC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Mark L. Hayes

The Petitioner, Patrick Marshall, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus relief. Based on our review, we affirm the summary dismissal of the petition.

Lake Court of Criminal Appeals

Jeffrey Judkins v. State of Tennessee
M2023-00296-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Christopher V. Sockwell

Petitioner, Jeffrey Allen Judkins, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective 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.

Lawrence Court of Criminal Appeals

State of Tennessee v. Christopher Joseph Riley
M2022-01529-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Angelita Blackshear Dalton

Defendant, Christopher Joseph Riley, was convicted by a jury of felony murder by aggravated child abuse (count one), felony murder by aggravated child neglect (count two), two counts of aggravated child abuse (counts three and five), reckless endangerment (count four), aggravated child neglect (count six), and two counts of child abuse (counts seven and eight). Defendant was sentenced to a total effective sentence of life imprisonment plus forty-eight years. On appeal, Defendant claims the trial court erred in failing to require the State to make an election of offenses at the close of the proof, and that the trial court improperly imposed consecutive sentences. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Michael Robert Quinn
E2022-01661-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Michael Robert Quinn (“Defendant”) appeals from his Knox County Criminal Court
convictions for possession with intent to sell or deliver more than .5 grams of
methamphetamine within 1,000 feet of a public elementary school, possession of drug
paraphernalia, driving on a suspended license, and violation of the financial responsibility
law, for which he received a total effective sentence of twenty-five years’ incarceration.
Defendant contends that: (1) the trial court should have dismissed the presentment based
upon the denial of his right to a preliminary hearing; (2) the trial court erred by denying
Defendant’s motion to suppress evidence obtained from the search of his vehicle; (3) the
trial court erred by denying Defendant’s motion to suppress evidence obtained from two
searches of his cell phone; (4) the failure to make a return on the arrest warrant invalidated
the warrant, resulting in a warrantless search and seizure of Defendant in violation of his
Fourth Amendment rights; (5) the trial court abused its discretion by denying Defendant’s
pro se request for a continuance of his trial; (6) the trial court erroneously admitted text
messages found on the cell phone in violation of Tennessee Rule of Evidence 404(b); (7)
the evidence is insufficient to support his convictions; and (8) the trial court abused its
discretion by imposing a sentence of twenty-five years with a one hundred percent release
eligibility. Following a thorough review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. James Kevin Pardue
M2023-00227-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Suzanne Lockert-Mash

James Kevin Pardue, Defendant, was charged via presentment with one count of theft of property valued at $10,000 or more but less than $60,000, and one count of home improvement fraud. After a bench trial, Defendant was found guilty of the lesser included offense of misdemeanor theft in count 1 and home improvement fraud in count 2. Defendant was sentenced to an effective sentence of six years on probation and ordered to pay $50,000 in restitution at the rate of $600 per month as a condition of his probation. Defendant appealed, arguing that the evidence was insufficient to sustain the conviction for home improvement fraud. Defendant does not challenge his conviction for misdemeanor theft. After a review of the record and the parties’ arguments, we agree with Defendant that the evidence is insufficient to support the conviction for home improvement fraud. As a result, Defendant’s conviction for home improvement fraud is reversed and the matter is remanded to the trial court for any further proceedings which may be necessary.

Dickson Court of Criminal Appeals

Katelyn Taylor v. State of Tennessee
W2022-01739-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge J. Brent Bradberry

Petitioner, Katelyn Taylor, pleaded guilty to two counts of first degree murder in exchange for concurrent sentences of life imprisonment. Petitioner then filed a pro se petition for post-conviction relief claiming ineffective assistance of counsel, and that her guilty pleas were not knowingly and voluntarily. After appointing counsel and holding an evidentiary hearing, the post-conviction court denied the petition, which Petitioner appealed. After review, we conclude that Petitioner failed to prepare a sufficient brief in compliance with Tennessee Rule of Appellate Procedure 27(a)(7) and Tennessee Court of Criminal Appeals Rule 10(b), therefore, her issues are waived. Additionally, after our review of the record, we conclude Petitioner’s claims are without merit. Accordingly, we affirm the judgment of the post-conviction court.

Benton Court of Criminal Appeals

State of Tennessee v. Joshua Moore
W2023-00926-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James Jones, Jr.

The Defendant, Joshua Moore, was convicted of first degree premeditated murder. On
appeal, the Defendant argues that the evidence is insufficient to support his conviction,
specifically regarding whether he acted with premeditation. Additionally, he argues that
the trial court erred by admitting a responding police officer’s body camera (“bodycam”)
footage, contending that the recording was overly prejudicial in violation of Tennessee
Rule of Evidence 403. After review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Kirk D. Farmer
M2023-00522-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge David D. Wolfe

After a Dickson County jury trial, Defendant, Kirk D. Farmer, was convicted of vandalism of $2,500 or more but less than $10,000 and disorderly conduct. The trial court sentenced him to an effective term of three years in the Tennessee Department of Correction. On appeal, Defendant argues the evidence produced at trial was insufficient to sustain his vandalism conviction. After review, we affirm the judgments of the trial court.

Dickson Court of Criminal Appeals

State of Tennessee v. Anthony Duane Gray, Jr.
M2022-01233-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge William R. Goodman, III

A Montgomery County jury convicted the Defendant, Anthony Duane Gray, Jr., of assault,
kidnapping, possession with intent to sell or deliver heroin, four counts of possession with
the intent to sell or deliver four different scheduled drugs, and possession of drug
paraphernalia. The trial court sentenced him as a Multiple Offender to an effective
sentence of fourteen years of incarceration. On appeal, the Defendant contends that: (1)
the trial court erred when it denied his motion to sever his offenses; (2) the trial court erred
when it denied his motion to suppress evidence found during the search of a motel room;
(3) the trial court erred with it denied his motion to suppress evidence obtained from the
search of two cell phones; (4) the State violated his right to due process by intentionally
allowing false testimony; (5) the trial court erred when it denied his motion for a judgment
of acquittal to the charge of especially aggravated kidnapping; (6) the evidence was
insufficient to sustain his conviction for kidnapping; and (7) the trial court erred when it
denied his motion for new trial. After review, we affirm the trial court’s judgments.

Montgomery Court of Criminal Appeals

State of Tennessee v. Antonio Glover
W2023-00578-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the defendant, Antonio Glover, of aggravated rape for
which he received a sentence of seventeen years with the Tennessee Department of
Correction. On appeal, the defendant contends that the evidence presented at trial was
insufficient to support his conviction and that the trial judge in preventing him from
impeaching the victim with evidence of the victim’s prior sexual history. Following our
review, we affirm the defendant’s conviction.

Shelby Court of Criminal Appeals

State of Tennessee v. Alfonso Thomas Peck
E2023-01123-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Amanda B. Dunn

Pro se Petitioner, Alfonso Thomas Peck,1 was convicted by a Hamilton County jury of two counts of aggravated rape, for which he received concurrent sentences of life imprisonment without the possibility of parole. He filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily denied in part and granted in part. On appeal, the Petitioner challenges the partial summary denial, arguing that his sentences are illegal because the judgment documents fail to specify the sentence length in years. We affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals