COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Bobby Joe Young, Jr.
M2019-01965-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge William R. Goodman, III

The defendant, Bobby Joe Young, Jr., appeals the revocation of the sentences of probation imposed for his convictions of aggravated assault, robbery, and escape, arguing that the trial court erred by ordering that he serve the balance of the total effective sentence in confinement and that the trial court miscalculated the remaining balance of the total effective sentence. Discerning no error, we affirm.

Montgomery Court of Criminal Appeals

Curtis Keller v. State of Tennessee
W2020-00590-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The petitioner, Curtis Keller, appeals the denial of his petition for post-conviction relief, which petition challenged his convictions of especially aggravated kidnapping, aggravated robbery, attempted aggravated robbery, aggravated burglary, and evading arrest. In this appeal, the petitioner alleges that he was deprived of the effective assistance of trial and appellate counsel and that the
post-conviction court erred by denying his motions for a continuance and to inspect grand jury materials. Discerning no error, we affirm the denial of post-conviction relief.

Shelby Court of Criminal Appeals

Lamar Hudson v. State of Tennessee
W2020-00330-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The Petitioner, Lamar Hudson, filed a petition for post-conviction relief challenging his guilty plea for attempted second degree murder and the resulting ten-year sentence. The post-conviction court denied relief, and the Petitioner appeals. On appeal, the Petitioner alleges that he received ineffective assistance of counsel because trial counsel failed to obtain body camera footage and that the resulting guilty plea was, therefore, entered involuntarily. After our review, we affirm the judgment of the post-conviction court denying the Petitioner relief.

Shelby Court of Criminal Appeals

State of Tennessee v. Santos Morales
W2019-02019-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Carolyn W. Blackett

The Defendant, Santos Morales, was convicted by a Shelby County Criminal Court jury of aggravated sexual battery, a Class B Felony. See T.C.A § 39-13-504 (2018). The trial court sentenced the Defendant to ten years at 100% service and ordered the Defendant to register as a sexual offender. See T.C.A § 40-39-201 (2019). On appeal, the Defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Delshun Jones v. State of Tennessee
W2020-00994-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Glenn Ivy Wright

Petitioner, Delshun Jones, appeals from the denial of his petition for post-conviction relief, in which he alleged that he received ineffective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied the petition. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Randy Massey
M2020-00893-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella L. Hargrove

The defendant, Randy Massey, appeals the Giles County Circuit Court’s order revoking his probation and ordering him to serve the balance of his six-year sentence for aggravated assault in confinement. Discerning no error, we affirm.

Giles Court of Criminal Appeals

State of Tennessee v. Ralpheal Cameron Coffey
E2019-01764-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge G. Scott Green

The Appellant, Ralpheal Cameron Coffey, was convicted in the Knox County Criminal Court of various offenses, including four counts of possession of more than one-half gram of cocaine with intent to sell and deliver within one thousand feet of a school, Class A and B felonies, and two counts of vehicular homicide, Class C felonies. After a sentencing hearing, the trial court merged some of the convictions and ordered that the Appellant serve an effective forty-eight-year sentence in confinement. On appeal, the Appellant contends that the evidence is insufficient to support some of the convictions, that the trial court erred by admitting the cocaine into evidence because there was a “break” in the chain of custody, and that his effective forty-eight-year sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the judgments of the trial court.

Knox Court of Criminal Appeals

State of Tennessee v. Joshua Travis Griffith
M2020-00521-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Larry B. Stanley

A Warren County jury convicted the Defendant, Joshua Travis Griffith, of three counts of aggravated statutory rape, and the trial court sentenced him to a total effective sentence of three years. On appeal, the Defendant contends that the trial court: (1) erroneously allowed the State to present evidence outside the scope of the indictment, as well as evidence of his transmission of hepatitis B to the victim, which should have been excluded pursuant to Tenn. R. Evid. 404(b); (2) erroneously failed to declare a mistrial after the State’s motion to amend the indictment in the presence of the jury; and (3) erroneously failed to grant his motion for judgments of acquittal. He lastly contends that the cumulative effect of the errors violated his right to a fair trial. After review, we conclude that errors occurred during trial; however, consistent with our conclusion that those errors were harmless, the trial court’s judgments are affirmed.

Warren Court of Criminal Appeals

Casey L. Redmon v. State of Tennessee
W2020-00888-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Casey L. Redmon, appeals from the McNairy County Circuit Court’s summary dismissal of his petition for post-conviction relief, wherein he challenged his 2014 guilty-pleaded conviction of burglary. The Petitioner contends that the post-conviction court erred in summarily denying his petition for being untimely filed. Specifically, he argues that he is serving an illegal sentence based upon the Tennessee Department of Correction’s (TDOC) incorrect calculation of his sentence and that an illegal sentence can be remedied at any time. Discerning no error, we affirm the judgment of the post-conviction court.

McNairy Court of Criminal Appeals

Mario Norfleet v. State of Tennessee
W2020-00694-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

The petitioner, Mario Norfleet, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received the effective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s denial of the petition.

Shelby Court of Criminal Appeals

State of Tennessee v. James Yates
W2020-00706-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Chris Craft

A Shelby County jury convicted the defendant, James Yates, of aggravated robbery and assault. Following a sentencing hearing, the trial court imposed an effective sentence of thirty years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in denying his motion to suppress. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court. However, we remand the case for entry of a judgment form in count 2.

Shelby Court of Criminal Appeals

State of Tennessee v. Nathan Craig
M2020-01124-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Stella L. Hargrove

Defendant, Nathan Craig, pled guilty to robbery and was sentenced to four years, suspended to a ten-year sentence of supervised probation. Defendant’s probation officer filed a probation violation warrant alleging that Defendant had violated the terms of his probation. Following a hearing, the trial court revoked Defendant’s probation and ordered him to serve the remainder of the four-year sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion in revoking his probation. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court. 

Maury Court of Criminal Appeals

State of Tennessee v. Derious Grandberry
W2019-01872-CCA-R3-CD
Authoring Judge: Presiding Judge John Everett Williams
Trial Court Judge: Judge John Wheeler Campbell

The Defendant, Derious Grandberry, was convicted at trial of carjacking and aggravated robbery. He received an effective sentence of twenty years in confinement. On appeal, the Defendant argues that the evidence was insufficient to convict him of the offenses, that the trial court erred by failing to weigh the evidence itself as the thirteenth juror, that the trial court erred in allowing the State to admit the victim’s photographic lineup identification of him into evidence, and that the trial court abused its discretion by imposing the maximum sentence. After review, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Gary Bush
M2020-00940-CCA-R3-CD
Authoring Judge: Presiding Judge John Everett Williams
Trial Court Judge: Judge Barry R. Tidwell

The Defendant, Gary Bush, appeals the trial court’s summary denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1 in which he challenged his life sentence resulting from his first degree murder conviction in 2008 for an offense that occurred in 1982. On appeal, the Defendant argues that he was sentenced under the 1989 Criminal Sentencing Reform Act rather than the law in effect when he committed the offense. We affirm the judgment of the trial court.  

Rutherford Court of Criminal Appeals

State of Tennessee v. Marcel Holbrook
W2019-02202-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge James M. Lammey, Jr.

A Shelby County jury convicted the Defendant, Marcel Holbrook, of first degree premeditated murder, attempted first degree murder, and possession of a firearm during the commission of or attempt to commit a dangerous felony. The trial court imposed an effective sentence of life plus twenty-seven years. On appeal, the Defendant asserts that the trial court erred when it admitted into evidence a photograph of an SKS rifle and that the evidence was insufficient to support his convictions for first degree murder and attempted first degree murder. After a thorough review of the record and applicable law, we affirm the trial court’s judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Chad M. Varnell
E2020-01352-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Steven Wayne Sword

The defendant, Chad M. Varnell, appeals the order of the trial court revoking his probation and ordering him to serve his original
eight-year sentence in confinement. Upon our review of the record and the parties’ briefs, we reverse the judgment of the trial court and remand for a new hearing.

Knox Court of Criminal Appeals

State of Tennessee v. Jasper Lee Vick
W2020-00772-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Chris Craft

The pro se Petitioner, Jasper Lee Vick, appeals the summary dismissal of his fourth “Motion to Correct Illegal Sentence.” Upon our review, we affirm the summary dismissal of the motion.

Shelby Court of Criminal Appeals

State of Tennessee v. Amanda Dawn Freeman
E2020-00983-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Rex Henry Ogle

The Defendant, Amanda Dawn Freeman, appeals from the Sevier County Circuit Court’s revocation of probation for her aggravated burglary, theft, and drug-related convictions, for which she received an effective five-year sentence on probation. The Defendant contends that the trial court erred by revoking her probation and ordering her to serve the remainder of her sentence in confinement. We affirm the judgment of the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Frederick J. Robinson
M2020-01004-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl Blackburn

The pro se petitioner, Frederick Robinson, Jr., appeals the Davidson County Criminal Court’s summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Discerning no error, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Sergio Lara, In re: Debo's Bail Bond Company, LLC
M2020-00263-CCA-R3-CO
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Barry R. Tidwell

This is an appeal by Debo’s Bail Bond Company, LLC, (“Debo’s”) of an order issued by the Circuit Court for Rutherford County denying Debo’s Petition for Relief from Bond. The sole issue on appeal is whether the trial court erred in its application of Tennessee Code Annotated section 40-11-201(c) because the State declined to commence extradition proceedings. Following our review, we affirm the denial of the petition.

Rutherford Court of Criminal Appeals

State of Tennessee v. Willie Austin Davis
M2019-01852-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Cheryl A. Blackburn

The Defendant, Willie Austin Davis, was convicted by a Davidson County Criminal Court jury of aggravated criminal trespass, a Class A misdemeanor, based on his entering the property of a Nashville church from which he had been banned. On appeal, the pro se Defendant argues that he was denied a fair trial due to the trial judge’s failure to disclose his relationships with former and current members of the church and others. Following our review, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Antonio Robinson
W2019-01313-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Paula L. Skahan

The Defendant-Appellant, Antonio Robinson, was convicted by a Shelby County jury of aggravated robbery, facilitation of aggravated assault, and criminally negligent homicide in violation of Tennessee Code Annotated sections 39-13-402, 39-11-403, 39-13-102, and 39-13-212. On appeal, the Defendant-Appellant claims: (1) the trial court erred in denying his motion to suppress, and (2) the evidence presented at trial was insufficient to support his convictions. Upon review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Byron Sidney Doss
M2020-00934-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Mark J. Fishburn

The Defendant, Byron Sidney Doss, was convicted after a bench trial of false imprisonment, a Class A misdemeanor, and aggravated assault involving strangulation, a Class C felony. See Tenn. Code Ann. §§ 39-13-102(A)(iv), -13-302. The trial court imposed an effective sentence of five years, suspended to time served plus five years on supervised probation. On appeal, the Defendant contends that the trial court imposed an excessively long five-year sentence. After our review, we affirm and remand the case for the entry of corrected judgment forms.

Davidson Court of Criminal Appeals

State of Tennessee v. Paul Steven Murphy
M2019-01786-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge William R. Goodman, III

A Montgomery County Circuit Court Jury convicted the Appellant, Paul Steven Murphy, of rape and incest. The trial court ordered the Appellant to serve concurrent sentences of ten years for the rape conviction and four years for the incest conviction. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his convictions and the length of the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court.  

Montgomery Court of Criminal Appeals

Jared Scott Aguilar v. State of Tennessee
M2019-01814-CCA-R3-ECN
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge William R. Goodman, III

The Petitioner, Jared Scott Aguilar, appeals the Montgomery County Circuit Court’s determination that his coram nobis petition, wherein he challenged his multiple child pornography convictions, failed to state a cognizable claim for relief. On appeal, the Petitioner argues that the coram nobis court erred by finding that he had not presented newly discovered evidence entitling him to relief, specifically, evidence that the search warrant affidavit was deficient due to the investigating officer’s allegedly untrue statement therein that he discovered three child pornography files in the Petitioner’s shared computer folder, that the detective who performed a forensic examination of the Petitioner’s laptop allegedly committed perjury at trial by stating that he found the incriminating files in the Petitioner’s shared folder, and that the investigating officer had undisclosed contact with the Petitioner’s wife. Following our review, we affirm the denial of relief because the Petitioner is merely presenting “repackaged claims” that have been previously determined and which do not state a cognizable claim for relief in the coram nobis context.  

Montgomery Court of Criminal Appeals