COURT OF CRIMINAL APPEALS OPINIONS

In Re Kathy Delores Horton (Prospectively d/b/a A-Team Bail Bond Company, LLC)
W2022-01355-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The appellant, Kathy Delores Horton (prospectively D/B/A A-Team Bail Bond Company, LLC), appeals the Shelby County Criminal Court’s denial of her petition to operate a new bail bond company.  The appellant asserts that the trial court erred in denying her petition because she had the requisite two years of experience working as a qualified agent.  The appellant also raises a challenge regarding the en banc panel, the denial of a claim concerning ex parte communications, and an equal protection claim.  Following our review, we affirm the trial court’s denial of the appellant’s petition, as well as her other claims.

Robert Wayne Garner v. Grady Perry, Warden
M2022-01733-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Chancellor Christopher V. Sockwell

Petitioner, Robert Wayne Garner, appeals from the Wayne County Circuit Court’s summary denial of his second petition for habeas corpus relief, in which he challenged the sufficiency of the felony murder indictment under which he was convicted. Petitioner argues on appeal that the habeas corpus court erred in failing to make findings of fact and conclusions of law in denying relief. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Randall A. Murphy
M2022-00396-CCA-R3-CD
Authoring Judge: Presiding Judge Camille R. McMullen
Trial Court Judge: Judge Michael W. Binkley

The Defendant, Randall Murphy, appeals his convictions by a Williamson County Circuit Court jury of aggravated kidnapping, reckless aggravated assault, aggravated assault, criminal impersonation of law enforcement, and domestic assault. The Defendant argues: (1) the trial court committed reversible error when it misstated the law and provided its personal opinion on the determinate element of the kidnapping offense; (2) the trial court expressed its personal opinion regarding the testimony of one of the State’s key eyewitnesses; (3) the trial court improperly excluded evidence that the victim had consumed alcohol with her prescription medications at the time of the alleged offenses; (4) the trial court failed to give any weight to the applicable mitigating factors before imposing the maximum sentence for the aggravated kidnapping conviction; and (5) the cumulative effect of the trial court’s errors entitles him to a new trial on all counts. 1 After review, we reverse and remand this case for a new trial on the aggravated kidnapping charge in Count 1 and affirm the remaining counts.

Milburn L. Edwards v. State of Tennessee
M2022-01416-CCA-R3-HC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Christopher V. Sockwell

Petitioner, Milburn L. Edwards, appeals from the Wayne County Circuit Court’s order summarily dismissing his ninth petition for writ of habeas corpus. On appeal, Petitioner argues the habeas corpus court’s order failed to include adequate findings of fact and conclusions of law, the State’s answer to the habeas corpus petition was insufficient, and the Warden of Petitioner’s penitentiary was not served with process. After review, we affirm the judgment of the habeas corpus court.

State of Tennessee v. Jimmy L. Cobble
M2022-00598-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Wesley Thomas Bray

The Defendant, Jimmy L. Cobble, pleaded guilty to vehicular assault and driving under the influence (“DUI”), fifth offense in exchange for a concurrent sentence of one year in jail followed by seven years of supervised probation. After a violation report was filed and a hearing held, the trial court revoked the Defendant’s probation, determining that he materially violated the terms of his probation sentence by testing positive for methamphetamine and amphetamine and by admitting to using heroin and fentanyl. It ordered the Defendant to serve the remainder of his sentence in confinement. On appeal, the Defendant asserts that the trial court abused its discretion when it failed to consider alternatives to him serving the duration of his eight year sentence in confinement. After review, we affirm the trial court’s judgment.

State of Tennessee v. Marterrius Hite
W2022-00678-CCA-R3-Cd
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Marterrius Hite, was convicted in the Shelby County Criminal Court of
two counts of first degree felony murder, aggravated child abuse, and aggravated child
neglect and received an effective sentence of life plus eighty years in confinement. On
appeal, the Defendant claims that (1) the evidence is insufficient to support his convictions,
(2) the trial court erred by allowing the State to introduce his belt into evidence without
establishing a proper chain of custody, (3) the trial court committed plain error by ruling
he “opened the door” to a police officer testifying that he was arrested on prior warrants,
(4) the trial court committed plain error by commenting on his expert witness’s PowerPoint
presentation, (5) the trial court erred by allowing the jury to deliberate late at night, and (6)
his effective sentence is excessive. Upon review, we affirm the judgments of the trial court.

Tony Thomas v. State of Tennessee
W2022-00851-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Lee V. Coffee

Petitioner, Tony Thomas, appeals the Shelby County Criminal Court’s denial of
post-conviction relief. On appeal, Petitioner argues that the post-conviction court erred in
denying relief. Finding that the issues presented for our review are without merit, waived,
previously determined, or a combination thereof, we affirm the judgment of the postconviction
court.

Deshun Hampton v. State of Tennessee
W2022-01473-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Jennifer Johnson Mitchell

The Petitioner, Deshun Hampton, appeals the denial of his petition for post-conviction
relief, arguing that he received ineffective assistance of counsel and that his guilty plea was
not knowingly and voluntarily entered. Based on our review, we affirm the judgment of
the post-conviction court.

Said Laghrab v. State of Tennessee
W2022-00736-CCA-R3-PC
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Said Laghrab, pled guilty in the Fayette County Circuit Court to aggravated
assault and received a four-year sentence. Seven years later, he filed a petition for postconviction
relief, and the post-conviction court summarily dismissed the petition as
untimely. Based upon the oral arguments, the record, and the parties’ briefs, we conclude
that the Petitioner has not shown he is entitled to due process tolling of the statute of
limitations and affirm the post-conviction court’s dismissal of the petition.

State of Tennessee v. Clifton Weathers Horn, II
M2022-00615-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge William R. Goodman, III

Defendant, Clifton Weathers Horn, II, pleaded guilty to eight counts of unlawful photography in violation of privacy (with dissemination), one count of attempted tampering with evidence, and fourteen counts of facilitation of sexual exploitation of a minor. Following a sentencing hearing, the trial court sentenced him to a term of four years in the Department of Correction, followed by one year of supervised probation. On appeal, Defendant argues the trial court erred in denying judicial diversion or other forms of full alternative sentencing. After review, we affirm the judgments of the trial court.

State of Tennessee v. Anthony Terrell Brown
M2022-00729-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Dee David Gay

Anthony Terrell Brown, Defendant, was convicted by a jury in the Robertson County Circuit Court of first degree premeditated murder. He received a sentence of life in prison without parole. On appeal, Defendant contends the trial court erred when the presiding circuit court judge appointed, by interchange, a trial judge from an adjoining district to try the case, and that the evidence is insufficient to support his conviction. After review, we affirm the judgment of the trial court.

State of Tennessee v. Justin L. Stegall
W2022-00628-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Donald H. Allen

Defendant was convicted of a single count of aggravated sexual battery, and the trial court
imposed a sentence of eight years as a Range I offender to be served in confinement. On
appeal, Defendant argues that the evidence was insufficient to support his conviction and
that the trial court erred by admitting the video recording of the minor victim’s forensic
interview. Following our review of the entire record and the parties’ briefs, we reverse
Defendant’s conviction and remand this case for a new trial.

State of Tennessee v. Halley O'Brien Thompson
W2022-01535-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Kyle C. Atkins

A Madison County Circuit Court jury found the Defendant, Halley OBrien Thompson,1
guilty of aggravated sexual battery. The trial court sentenced the Defendant to fourteen
years in the Tennessee Department of Correction. On appeal, the Defendant contends that
the trial court erred by allowing an investigator to testify that it was common for child
victims to delay reporting allegations of sexual assault. He also argues that the State
presented improper prosecutorial argument during its rebuttal closing argument. Upon
review, we respectfully disagree and affirm the trial court’s judgment.

State of Tennessee v. Ryan Monroe Allen
E2022-00437-CCA-R3-CD

The pro se Defendant, Ryan Monroe Allen, appeals his jury convictions for second degree
murder and abuse of a corpse, and his resulting effective forty-year sentence. On appeal,
the Defendant argues as follows: (1) the trial court erred by denying the Defendant’s
motion to continue or, in the alternative, to proceed pro se that was made at the start of
trial, thus, forcing the Defendant to proceed to trial with an attorney who had a conflict of
interest; (2) the trial court erred by admitting evidence of the Defendant’s prior bad acts in
violation of Tennessee Rule of Evidence 404(b), and the prosecutor explicitly defied the
trial court’s pretrial 404(b) ruling during opening statements; (3) the trial court erred by
failing to address pretrial the Defendant’s motion to dismiss the abuse of a corpse charge
due to insufficient proof of venue or, in the alternative, to sever the two offenses; (4) the
evidence was insufficient to support the Defendant’s convictions; (5) the trial court erred
by not excusing a juror who indicated that she might have known the spouse of someone
who assisted with the investigation; (6) the trial court erred by denying the Defendant’s
motion for a mistrial made because the State failed to disclose prior to trial that two
witnesses were going to testify to having seen certain evidence in the Defendant’s
residence; (7) the trial court erred by denying the Defendant’s motion to recuse made on
the ground that the trial court was holding court proceedings without the Defendant present
and was biased against the Defendant; (8) the Defendant’s sentence was out-of-range and
illegal because he was not provided with the State’s notice of its intention to seek enhanced
punishment; (9) the State’s case was based on perjured and recanted testimony; and (10)
the State committed prosecutorial misconduct by suppressing certain pieces of evidence.
Following our review of the record and applicable authorities, we affirm the judgments of
the trial court.

Dan E. Durell v. State of Tennessee
E2022-01541-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Steven Wayne Sword

Dan E. Durell, Petitioner, appeals from the summary dismissal of his habeas corpus
petition, in which he claimed his convictions were void because the State withheld
exculpatory evidence during sentencing; the State misrepresented facts to the trial court
that were relied upon in sentencing; and his convictions violate double jeopardy. After a
thorough review of the record and the applicable law, we affirm the judgment of the habeas
court.

Marshall G. Tate v. State of Tennessee
M2022-01358-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Thomas W. Graham

Petitioner, Marshall G. Tate, appeals from the Franklin County Circuit Court’s order denying him post-conviction relief. On appeal, Petitioner argues he received ineffective assistance of counsel when he pleaded guilty to driving with a blood alcohol concentration of .08 percent or more (DUI per se). Petitioner also argues counsel’s ineffective assistance rendered his guilty plea unknowing and involuntary. Following our review of the record, the parties’ briefs, and the applicable law, we affirm the judgment of the post-conviction court.

State of Tennessee v. Rex Allen Moore
E2022-01364-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge G. Scott Green

Defendant, Rex Allen Moore, appeals the trial court’s revocation of his probation after
incurring new criminal charges related to his failing to report an email address to the sex
offender registry. On appeal, Defendant argues that the trial court abused its discretion by
finding that he knowingly violated the terms of his probation. Following a de novo review
of the record, we affirm.

Benjamin Scott Brewer v. State of Tennessee
E2022-01191-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Don W. Poole

Petitioner, Benjamin Scott Brewer, appeals as of right from the Hamilton County Criminal
Court’s denial of his petition for post-conviction relief, wherein he challenged his
convictions for six counts of vehicular homicide by intoxication, four counts of reckless
aggravated assault, driving under the influence, violation of motor carrier regulations, and
speeding. Petitioner contends that he was denied the effective assistance of counsel based
upon counsel’s failure to object to witnesses’ descriptions of the crash scene as unfairly
prejudicial under Tennessee Rule of Evidence 403. Upon review, we affirm the judgment
of the post-conviction court.

State of Tennessee v. Luis Alexis Briceno
E2022-00414-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Steven Wayne Sword

Defendant, Luis Alexis Briceno, was convicted of alternative counts of driving under the
influence of an intoxicant (second offense), driving on a revoked license, and violation of
the financial responsibility law. The trial court imposed an effective sentence of eleven
months, twenty-nine days, with seventy-five percent release eligibility, and service of fiftynine
days in confinement before release on probation. On appeal, Defendant argues that
the Tennessee Administrative Office of the Courts erred by denying his request of funding
for expert assistance; Rule 13 of the Tennessee Supreme Court is unconstitutional both on
its face and as applied in his case; and the trial court erred by denying his motion to suppress
the results of his breath test. After a thorough review of the record and the briefs and oral
arguments of the parties, we affirm the judgments of the trial court.

State of Tennessee v. Undray Luellen
W2022-01489-CCA-R3-Cd
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Jennifer Fitzgerald

The petitioner, Undray Luellen, appeals the denial of his Rule 36.1 motion to correct an
illegal sentence, asserting that his sentence is illegal because the trial court imposed
consecutive sentences without stating its reasons on the record. Upon our review of the
record and applicable law, we affirm the judgment of the trial court.

State of Tennessee v. Frederick D. DeBerry
W2022-01530-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge J. Weber McCraw

The petitioner, Frederick D. DeBerry, appeals from the Fayette County Circuit Court’s summary dismissal of his pro se motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1.  Based on our review of the record, the parties’ briefs, and the applicable law, we conclude that the petitioner’s appeal is untimely, the interest of justice does not mandate waiver of the untimely notice, and therefore, the appeal should be dismissed.

State of Tennessee v. Marquez Billingsley
E2022-01419-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Steven Wayne Sword

The Defendant, Marquez Travell Billingsley, pleaded guilty to conspiracy with intent to
sell over fifteen grams of heroin in a drug-free zone, a park. In exchange, the State
dismissed other charges pending against him. Pursuant to the plea agreement, the trial
court sentenced the Defendant to twelve years, to be served at 100%. Several years later,
the Defendant filed a motion to be resentenced pursuant to Tennessee Code Annotated
section 39-17-432(h). After a hearing, the trial court denied relief. On appeal, we conclude
that an appeal as of right does not lie from a trial court’s decision regarding a motion for
discretionary resentencing pursuant to the Drug-Free School Zone Act. Accordingly, the
Defendant’s appeal is dismissed.

Ricky Campbell, Jr. v. State of Tennessee
E2022-01526-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Alex E. Pearson

The Petitioner, Ricky Campbell, Jr., pleaded guilty to theft of more than $10,000.
Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he
received the ineffective assistance of counsel, which the post-conviction court denied after
a hearing. After review, we affirm the post-conviction court’s judgment.

Martrice Thomas v. State of Tennessee
W2022-00887-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the Petitioner, Martrice Thomas, of first degree premeditated murder.  The Petitioner appealed her conviction, and this court affirmed the trial court’s judgment.  State v. Martrice Thomas, No. W2017-02489-CCA-R3-CD, 2018 WL 6266277, at *1 (Tenn. Crim. App., Nov. 29, 2018), perm.  app. denied (Tenn. March 28, 2019).  On April 6, 2020, more than a year after the expiration of the statute of limitations, the Petitioner filed a petition for post-conviction relief, alleging that her trial counsel was ineffective.  After a hearing, the trial court denied relief, finding that the Petitioner had received the effective assistance of counsel.  The Petitioner appeals, maintaining that her trial counsel was ineffective for failing to introduce evidence of Battered Woman Syndrome at trial.  Because the post-conviction court treated the petition as timely from the outset of the hearing, thereby preempting any proof the Petitioner may have presented to show that due process considerations required tolling of the statute of limitations, we remand the case for a hearing on the sole issue of the statute of limitations.  

State of Tennessee v. Paula Christine Hutcherson
W2022-01046-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Brent Bradberry

Paula Christine Hutcherson, Defendant, appeals after a jury found her guilty of eight counts of unlawful possession of a firearm in violation of Tennessee Code Annotated section 39-17-1307(b)(1)(B).  The trial court subsequently sentenced her to ten years for each conviction, to be served concurrently, and ordered the sentences suspended to supervised probation.  On appeal, Defendant argues that her prior convictions for obtaining drugs by fraud are not “felony crimes of violence” or “felony drug offenses” within the meaning of Tennessee Code Annotated section 39-17-1307(b)(1) and that her convictions must be reversed.  Because we determine that Defendant’s prior convictions for obtaining drugs by fraud are felony drug offenses for the purposes of Tennessee Code Annotated section 39-17-1307(b)(1)(B), we affirm Defendant’s convictions.  However, during our review of the record, we identified possible clerical errors on the judgment forms concerning the arrest date and pretrial jail credit dates.  On remand, the trial court should enter corrected judgment forms if necessary.