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COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Mustafah Brummell
M2022-00383-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Angelita Blackshear Dalton

A Davidson County jury convicted the Defendant-Appellant, Mustafah Brummell, of two
counts of aggravated robbery, for which he received an effective sentence of twenty-eight
years’ imprisonment. On appeal, the sole issue presented for our review is whether the
evidence is sufficient to support his convictions. We affirm.

Davidson Court of Criminal Appeals

Rodger E. Broadway v. State of Tennessee
E2022-00489-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Rodger E. Broadway, Petitioner, sought relief from his 2003 convictions for first degree felony murder, especially aggravated robbery, and aggravated rape, which were the result of guilty pleas, claiming that trial counsel told him he could not file for post-conviction relief and that the trial court deprived him of his fundamental right to represent himself. The post-conviction court found that the petition was not timely filed and that Petitioner was not entitled to due process tolling and summarily dismissed the petition. After a thorough review of the record, we affirm.

Knox Court of Criminal Appeals

William E. Blake, Jr. v. State of Tennessee
E2022-00125-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Bob R. McGee

William E. Blake, Jr., Petitioner, claims that he is entitled to post-conviction relief because he received ineffective assistance of counsel and because the jurors in his trial were not impartial and were influenced by their fear of the victim’s family. Following a hearing on the merits, the trial court dismissed the Petition. Discerning no error, we affirm.

Knox Court of Criminal Appeals

State of Tennessee v. Timothy Curtis Greenman
M2021-01061-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Forest A. Durard, Jr.

A Lincoln County jury convicted the Defendant, Timothy Curtis Greenman, of three counts
of sexual exploitation of a minor more than 100 images and one count of sexual
exploitation of a minor more than fifty images, and the trial court sentenced him to a total
effective sentence of thirty years of incarceration. On appeal, the Defendant contends that:
(1) the trial court erred when it denied his motion to suppress; (2) the evidence is
insufficient to sustain his convictions; (3) the trial court erred when it denied his motion
for new trial; and (4) 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. Priscilla A. Barnett
W2021-00951-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

A Madison County jury convicted the Defendant, Priscilla Ann Barnett, of one count of first degree premediated murder, one count of felony murder during the perpetration of aggravated child abuse, and two counts of aggravated child abuse. The trial court merged the murder convictions and imposed an effective sentence of life imprisonment. On appeal, the Defendant contends that (1) the evidence is insufficient to support her convictions; (2) the trial court erred in denying her request for funds to retain a mental health expert; and (3) the trial court erroneously imposed consecutive sentences. After review, we affirm the trial court’s judgments.

Madison Court of Criminal Appeals

Michelle Shoemaker v. Stanley Dickerson, Warden
W2022-00620-CCA-R3-HC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Blake Neill

The Petitioner, Michelle Shoemaker, is appealing the trial court’s summary dismissal of her habeas corpus petition. After reviewing the parties’ briefs and the record on appeal, the court finds that this is an appropriate matter for affirmance under Court of Criminal Appeals Rule 20.

Lauderdale Court of Criminal Appeals

Jacob Scott Hughes v. State of Tennessee
M2022-00186-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Mark J. Fishburn

The Petitioner-Appellant, Jacob Scott Hughes, appeals from the denial of his petition seeking post-conviction relief from his convictions of first-degree felony murder and aggravated child abuse, for which he was sentenced, respectively, to life and twenty-five years’ imprisonment, to be served consecutively, as a result of the death of the sixteenmonth- old daughter of his girlfriend. State v. Jacob Scott Hughes, No. M2016-01222- CCA-R3-CD, 2017 WL 3724457, at *1 (Tenn. Crim. App. Aug. 29, 2017), no perm. app. filed. In this appeal, the Petitioner argues that he was denied effective assistance of counsel based on trial counsel’s failure to pursue plea negotiations, failure to obtain a forensic pathologist to provide expert testimony, and failure to prevent a reference to the phrase, “Hammer Skin” during trial. 1 Upon our review, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Kirsten Janine Williams
W2021-01071-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Donald H. Allen

The Defendant, Kirsten Janine Williams, was convicted by a jury of aggravated assault, aggravated kidnapping, and aggravated burglary. She received an effective 15-year sentence to be served at 100-percent. On appeal, the Defendant challenges the sufficiency of the evidence supporting her convictions, arguing that there was no proof she ever held a gun, that the victim was free to leave, and that she entered the victim’s residence with consent. Following our review of the record and applicable authorities, we find the evidence sufficient to support the Defendant’s convictions and affirm.

Madison Court of Criminal Appeals

Bryant Jackson Harris v. State of Tennessee
E2022-00446-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge John F. Dugger, Jr.

The Petitioner, Bryant Jackson Harris, appeals the Hawkins County Criminal Court’s denial of his post-conviction petition, seeking relief from his convictions of first degree premeditated murder, first degree felony murder, and aggravated burglary and resulting effective sentence of life in confinement. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgment of the post-conviction court.

Hawkins Court of Criminal Appeals

State of Tennessee v. Nicholas J. Walden
M2022-00255-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary sentence for theft of property valued between $1,000 and $10,000 and ordering him to serve his original four-year sentence in confinement. Following our de novo review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.

Wilson Court of Criminal Appeals

STATE OF TENNESSEE v. NICHOLAS J. WALDEN
M2022-00255-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Brody N. Kane

Defendant, Nicholas J. Walden, appeals the trial court’s order revoking his probationary
sentence for theft of property valued between $1,000 and $10,000 and ordering him to
serve his original four-year sentence in confinement. Following our de novo review of the
entire record and the briefs of the parties, we affirm the judgment of the trial court

Wilson Court of Criminal Appeals

State of Tennessee v. Kevin Dewayne Stinnett
M2021-01266-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge M. Wyatt Burk

A Marshall County Circuit Court jury convicted the Defendant-Appellant, Kevin Dewayne Stinnett, of possession of heroin with the intent to sell or deliver, possession of .5 grams or more of cocaine with the intent to sell or deliver, simple possession of methamphetamine, simple possession of marijuana, and possession of drug paraphernalia, and the trial court imposed an effective sentence of eighteen years’ incarceration. See Tenn. Code Ann. §§ 39-17-417(a)(4), -418(a), -425(a)(1). On appeal, Stinnett argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion to continue his trial; and (3) the trial court erred in imposing partially consecutive sentences and in denying an alternative sentence. We affirm the judgments of the trial court.

Marshall Court of Criminal Appeals

Joe Edward Daniels v. State of Tennessee
M2021-00113-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Brody N. Kane

Petitioner, Joe Edward Daniels, appeals as of right from the Jackson County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for first degree premeditated murder, tampering with evidence, abuse of a corpse, and various traffic violations. On appeal, Petitioner asserts that he received ineffective assistance of counsel based on trial counsel’s failure to: (1) conduct a reasonable investigation or utilize a criminal defense investigator; (2) object when the trial court indicated it would not charge the jury with attempt; and (3) request a jury instruction on facilitation of a felony. Petitioner contends that the cumulative effect of trial counsel’s deficient performance rendered his trial fundamentally unfair and justifies the granting of a new trial. Following a thorough review, we affirm.

Jackson Court of Criminal Appeals

State of Tennessee v. Terry Lynn Nuchols
E2021-01415-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Tammy M. Harrington

A Blount County jury convicted Defendant, Terry Lynn Nuchols, of four counts of identity theft and one count of forgery, as alleged in four separate indictments. By agreement, all indictments were consolidated for trial. The trial court sentenced Defendant as a Range III, persistent, offender to 12 years for each of the identity theft convictions and 15 years for the forgery conviction. All sentences were aligned consecutively for an effective 63-year sentence. Defendant appeals, arguing that: 1) the trial court erred by not suppressing hearsay testimony of probation officer Holly King; 2) Defendant’s right to cross-examine witnesses pursuant to the Confrontation Clause was violated by the State’s failure to call the victim as a witness at trial; 3) the evidence was insufficient to sustain Defendant’s convictions; and 4) Defendant’s sentence was excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Blount Court of Criminal Appeals

State of Tennessee v. Richard William Phillips
E2021-01070-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Carter Scott Moore

A Cocke County jury found Defendant, Richard William Phillips, guilty of aggravated statutory rape. On appeal, he contends that the trial court erroneously “set[] a one-hour deadline for the jury to continue deliberations” and gave supplemental jury instructions after the jury foreperson indicated that the jury was deadlocked. Defendant claims that the trial court’s remarks had a coercive effect on the jury’s decision-making. After a thorough review of the record, arguments of counsel, and the parties’ briefs, we affirm the judgment of the trial court.

Cocke Court of Criminal Appeals

State of Tennessee v. Ryan Winston
W2021-01315-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge W. Mark Ward

The Defendant-Appellant, Ryan Winston, was convicted of two counts of felony murder and one count each of first-degree premeditated murder, especially aggravated robbery, and aggravated burglary. The trial court merged the murder convictions and imposed an effective sentence of life imprisonment. On appeal, the Defendant asserts that: 1) the evidence is insufficient to support the convictions; 2) the State’s late disclosure of cell phone records warranted either a continuance of the trial or the exclusion of the records; and 3) the trial court erred in failing to exclude the cell phones of the Defendant and the co-defendants and the records resulting from the extractions of the cell phones because the State failed to establish the chain of custody for the cell phones. After careful review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Edward Barber
W2022-00040-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the Defendant, Edward Barber, of rape of a child and the trial court imposed a twenty-eight year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment.

Shelby Court of Criminal Appeals

In Re Tennessee Bond Company
M2021-01423-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge David D. Wolfe

Pursuant to Tennessee Code Annotated section 40-11-125, the Dickson County Circuit Court suspended Tennessee Bonding Company as a company authorized to write bail bonds in the Twenty-Third Judicial District. The trial court found that the company had not paid a final forfeiture and had made and filed semi-annual reports containing false statements. On appeal, Tennessee Bonding Company challenges these rulings. We respectfully affirm the judgment of the trial court.

Dickson Court of Criminal Appeals

Nathan G. Fleming v. State of Tennessee
E2021-00928-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Kyle A. Hixson

The Petitioner, Nathan G. Flemming, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for attempted first degree murder, especially aggravated robbery, aggravated robbery, employing a firearm during the commission of a dangerous felony, carjacking, and employing a firearm during the commission of carjacking, for which he is serving an effective sixty-eight-year sentence.1 On appeal, the Petitioner contends that: (1) the post-conviction court erred in applying an incorrect legal standard to deny relief on the Petitioner’s ineffective assistance of counsel claim, and (2) the Petitioner is entitled to relief under the cumulative errors doctrine. We affirm the judgment of the post-conviction court.

Knox Court of Criminal Appeals

State of Tennessee v. Bobby Hansard
E2021-01380-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Steven Wayne Sword

Following a Knox County jury trial, Defendant, Bobby Hansard, was convicted of one count of first degree murder, three counts of attempted first degree murder, and one count of unlawful possession of a firearm. On appeal, Defendant alleges that the trial court improperly limited defense counsel’s opening statement after counsel referenced various prior bad acts of one of the victims, and that the trial court abused its discretion in denying his motion for a mistrial and his motion for a judgment of acquittal. After a thorough review, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Joshua Beadle
W2022-00171-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Chris Craft

The Defendant, Joshua Beadle, was convicted by a Shelby County Criminal Court jury of aggravated rape. The trial court sentenced him to serve twenty-five years and to community supervision for life. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Newt Carter v. State of Tennessee
W2022-00474-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

In 2008, a Madison County jury convicted the Petitioner, Newt Carter, of aggravated rape and aggravated burglary. The trial court imposed an effective sentence of twenty-five years. Multiple filings ensued, the last of which was a motion to reopen post-conviction proceedings. The trial court held a hearing and denied relief. On appeal, the Petitioner contends that his motion to reopen should have been granted based on newly discovered evidence that he received the ineffective assistance of counsel. After review, we dismiss the appeal.

Madison Court of Criminal Appeals

State of Tennessee v. Elijah Garrison
W2021-01064-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Roy B. Morgan

The Defendant, Elijah Garrison, was convicted by a Madison County Circuit Court jury of first degree murder and unlawful possession of a firearm. T.C.A. §§ 39-13-202 (2018) (first degree murder); 39-17-1307(b)(1)(A) (2018) (unlawful carrying or possession of a weapon). The trial court imposed an effective sentence of life plus ten years’ confinement. On appeal, the Defendant contends that the evidence is insufficient to support his first degree murder conviction because it was based on the uncorroborated testimony of accomplices. We affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Timothy Allen Johnson v. State of Tennessee
M2022-00037-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Cheryl Blackburn

Petitioner, Timothy Allen Johnson, 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.

Davidson Court of Criminal Appeals

State of Tennessee v. Kevin Owens
W2022-00353-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Chris Craft

The Defendant, Kevin Owens, was convicted by a Shelby County jury of attempted first degree murder, a class A felony, and employing a firearm during the commission of a dangerous felony, a class C felony. See Tenn. Code Ann. §§ 39-12-101(a)(2), 39-13- 202(a)(1), 39-17-1324(b)(1). On appeal, the Defendant argues that the evidence is insufficient to support his convictions. Specifically, he contends that the State’s evidence was inadequate to establish his identity as the perpetrator beyond a reasonable doubt. After review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals