COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Christ M. Christopher
M2024-00247-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Forest A. Durard, Jr.

A Bedford County jury found the Defendant, Christ M. Christopher, guilty of two counts of rape of a child. The trial court imposed an effective sentence of forty years. On appeal, the Defendant challenges the length of the sentences imposed. He argues that the trial court misapplied two enhancement factors and imposed an effective sentence greater than necessary to achieve the purposes and principles of sentencing. Upon our review, we respectfully disagree and affirm the judgments of the trial court.

Bedford Court of Criminal Appeals

State of Tennessee v. Marcus Dejuan Perkins
M2024-00506-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge J. Russell Parkes

A Maury County jury convicted the Defendant, Marcus Dejuan Perkins, of rape, and the trial court sentenced him to nine years’ imprisonment. On appeal, the Defendant argues that the trial court abused its discretion by misapplying an enhancement factor and denying an alternative sentence to incarceration. Upon our review, we respectfully disagree and affirm the judgment of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. Tondre Dupress Ragland
W2024-00535-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Clayburn Peeples

A Haywood County jury convicted the Defendant, Tondre Dupress Ragland, of attempted second degree murder, possession of a firearm during the commission of a dangerous felony, and aggravated assault. The trial court sentenced the Defendant to an effective sentence of twenty years in confinement. On direct appeal, this court affirmed the Defendant’s convictions, but we reversed the imposition of consecutive sentences and remanded to the trial court for consideration of the Wilkerson factors. State v. Ragland, W2022-01303-CCA-R3-CD, 2023 WL 3947501, at *1 (Tenn. Crim. App. June 12, 2023), no Tenn. R. App. P. 11 application filed. On remand, the trial court found that the Defendant was a dangerous offender and again imposed consecutive sentences. On appeal, the Defendant contends that the trial court erred when it found that he was a dangerous offender for purposes of consecutive sentencing. After conducting a de novo review, we conclude that the Defendant’s sentences should be served concurrently, rather than consecutively.

Haywood Court of Criminal Appeals

State of Tennessee v. Tobarus Burton
W2024-01320-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Carolyn W. Blackett

The Defendant, Tobarus Burton, pleaded guilty in the Shelby County Criminal Court to one count of aggravated sexual battery. See Tenn. Code Ann. § 39-13-504. He received an agreed eight-year sentence to be served in the Tennessee Department of Correction. The Defendant subsequently filed a motion to withdraw his guilty plea pursuant to Tennessee Rule of Criminal Procedure 32(f), which was denied by the trial court. On appeal, the Defendant argues that the trial court abused its discretion in denying his motion to withdraw his plea. Discerning no abuse of discretion, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

Donald James Robinson v. State of Tennessee
M2024-00860-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Robert Bateman

The petitioner, Donald James Robinson, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Montgomery Court of Criminal Appeals

Woodie Jeanette Arendall v. State of Tennessee
M2024-01190-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Khadija L. Babb

The Petitioner, Woodie Jeanette Arendall, pled guilty to one count of aggravated child neglect, and the trial court sentenced her to serve fifteen years’ imprisonment. Thereafter, the Petitioner filed a petition for post-conviction relief alleging that she was denied the effective assistance of counsel during the plea process. Following a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Willie E. Spencer
W2024-01120-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway
Trial Court Judge: Judge J. Brent Bradberry

Defendant, Willie E. Spencer, appeals as of right from his guilty-pleaded convictions for three counts of sale of 0.5 grams or more of methamphetamine, for which the trial court imposed an effective sentence of twenty years. On appeal, Defendant contends that the trial court abused its discretion by imposing a maximum in-range sentence. Following our review, we affirm.

Hardin Court of Criminal Appeals

State of Tennessee v. Jeffery Lynn Sanders
M2024-00536-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Wesley Thomas Bray

The Defendant, Jeffery Lynn Sanders, appeals from the trial court’s revocation of his probation. On appeal, he alleges that (1) various procedural errors attended his revocation hearing, (2) no substantial evidence existed to support the finding of a violation of probation, and (3) the trial court abused its discretion by revoking his probation and ordering him to serve the remainder of his sentence in confinement.1 After review, we affirm the judgment of the trial court.

DeKalb Court of Criminal Appeals

State of Tennessee v. Billy Norman Forte
E2022-01216-CCA-R3-CD
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Barry A. Steelman

The Defendant, Billy Norman Forte, appeals from his jury conviction for second degree murder and his resulting twenty-one-year sentence. On appeal, the Defendant challenges (1) the trial court’s Ferguson remedy due to the State’s destruction of the recording of the Defendant’s 911 call; (2) the trial court’s ruling allowing the State to introduce evidence of the Defendant’s 1996 conviction for domestic assault against his ex-wife because the Defendant had opened the door to such evidence during his direct examination testimony; and (3) the trial court’s ruling prohibiting the Defendant from introducing certain evidence of the victim’s criminal history. After review, we affirm the judgment of the trial court.

Hamilton Court of Criminal Appeals

Demarcus Keyon Cole v. State of Tennessee
W2024-01276-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Donald H. Allen

In 2013, a Madison County jury convicted the Petitioner, Demarcus Keyon Cole, of first degree felony murder and especially aggravated robbery, and the trial court imposed a life sentence. The Petitioner challenged the sufficiency of the evidence, and this court affirmed his convictions. State v. Cole, No. W2013-02850-CCA-R3-CD, 2016 WL 2859196 (Tenn. Crim. App. Dec. 22, 2014), perm. app. denied (Tenn. 2015). The Petitioner subsequently filed a petition for post-conviction relief, and multiple petitions for writ of error coram nobis, which alleged the discovery of various forms of new evidence. Cole v. State, No. W2024-00697-CCA-R3-ECN, 2025 WL 884073 (Tenn. Crim. App., March 21, 2025). The Petitioner filed two more petitions for error coram nobis, both of which were denied by the coram nobis court and which have been consolidated for the purposes of this appeal. The Petitioner also filed a motion to recuse, which was not heard by the coram nobis court. The Petitioner appeals, arguing that the coram nobis court erred by denying relief and by failing to rule on the motion to recuse. We affirm the judgment of the coram nobis court in case number C-24-132. In case number C-24-151, the coram nobis court did not rule on the Petitioner’s motion to recuse, and accordingly, we remand the case to the coram nobis court for a ruling on the Petitioner’s motion.

Madison Court of Criminal Appeals

State of Tennessee v. Love T. Anderson
W2024-00470-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge A. Blake Neill

Defendant, Love T. Anderson, was convicted by a Lauderdale County jury of one count of aggravated child abuse, one count of aggravated child neglect, and two counts of aggravated child endangerment. The trial court imposed an effective fifteen-year sentence. On appeal, Defendant asserts that the evidence was insufficient to support his convictions. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. 

Lauderdale Court of Criminal Appeals

State of Tennessee v. Kevin R. Newman
E2024-00600-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge G. Scott Green

Defendant, Kevin R. Newman, appeals his Knox County Criminal Court jury convictions
of aggravated burglary and vandalism of property valued at more than $1,000 but less than
$2,500, arguing that the trial court erred by admitting certain testimony, by refusing to
declare a mistrial, and by providing a jury instruction on flight. He also challenges the
sufficiency of the convicting evidence. Upon review, we find no error and, accordingly,
affirm the judgments of the trial court.

Knox Court of Criminal Appeals

Elijah Garrison v. State of Tennessee
W2024-01005-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Roy B. Morgan, Jr,

The Petitioner, Elijah Garrison, appeals from the denial of his petition for post-conviction relief. He contends that his trial counsel was ineffective for failing to (1) argue to the jury that an eyewitness’s testimony was unreliable because the eyewitness’s initial statements to police were “essentially coerced” and (2) failing to present and argue to the jury additional evidence that, in his view, contradicted the State’s proof. After review, we affirm.

Madison Court of Criminal Appeals

State of Tennessee v. Markhayle Jackson
W2024-01213-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge David L. Pool

The Petitioner, Markhayle Jackson, appeals the trial court’s summary denial of his second motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his agreed-upon sentence of life imprisonment without the possibility of parole is an illegal, indeterminate sentence for his conviction of first degree murder. He also contends that he should be permitted the opportunity to withdraw his guilty plea, that he received the ineffective assistance of counsel, and that the trial court violated Tennessee Rule of Criminal Procedure 11(b) by failing to ensure his guilty plea was both voluntary and intelligent. Discerning no error, we affirm.

Shelby Court of Criminal Appeals

David Fletcher v. State of Tennessee
M2024-00501-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Forest A. Durard, Jr.

David Fletcher, Petitioner, was convicted of aggravated burglary, first degree murder, and felony murder for his role in a gang-related shooting. He was sentenced to life plus ten years. His convictions were affirmed on direct appeal. State v. Fletcher, No M2018-01293-CCA-R3-CD, 2020 WL 995795, at *26 (Tenn. Crim. App. Mar. 2, 2020), no perm. app. filed. Petitioner filed an untimely pro se petition for post-conviction relief. The post-conviction court dismissed the petition as untimely. On appeal, Petitioner complains that the post-conviction court erred in dismissing the petition as untimely and that the post-conviction court erred in denying Petitioner a continuance. After a review, we affirm the dismissal of the post-conviction petition.

Bedford Court of Criminal Appeals

State of Tennessee v. Forrest Durham
W2024-00721-CCA-R3-CD
Authoring Judge: Judge Steven W. Sword
Trial Court Judge: Judge Donald H. Allen

Pursuant to a negotiated plea agreement, the Defendant, Forrest Durham, pleaded guilty to six counts of aggravated statutory rape. Following a sentencing hearing, the trial court imposed an agreed-upon six-year sentence, suspended to supervised probation. The Defendant appeals, arguing that the trial court erred by denying his request for judicial diversion and by requiring him to register as a sex offender. Discerning no error, we affirm.

Henderson Court of Criminal Appeals

Quaddariontae Burnom v. State of Tennessee
W2024-00636-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Mark L. Hayes

Petitioner, Quaddariontae Burnom, appeals the denial of his petition seeking post-conviction relief from his 2022 guilty-pleaded conviction for second degree murder, for which he is serving an agreed twenty-five-year sentence. On appeal, Petitioner contends that he received ineffective assistance of trial counsel because counsel failed to adequately explain to him the significance of our supreme court’s decision in State v. Booker, 656 S.W.3d 49 (Tenn. 2022), before he entered his plea. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.

Dyer Court of Criminal Appeals

State of Tennessee v. Thomas Mack Arnold
E2024-00900-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Gary McKenzie

Defendant, Thomas Mack Arnold, appeals as of right from his conviction for first degree
premeditated murder, for which he is serving a life sentence. On appeal, Defendant
contends that the evidence is insufficient to support his conviction and that the prosecutor
made improper statements during the State’s rebuttal argument such that a mistrial was
necessary. After a thorough review of the evidence and applicable case law, we affirm.

Cumberland Court of Criminal Appeals

State of Tennessee v. Jamie Paul Click
E2024-00196-CCA-WR-CO
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge James L. Gass

In 2014, a Sevier County jury convicted the Defendant, Jamie Paul Click, of alternate
counts of selling or delivering one-half gram of heroin within 1,000 feet of a public
elementary school, Class A felonies, in addition to other offenses. The trial court merged
the two drug-free zone convictions and sentenced the Defendant to forty years as a Range
II, multiple offender with mandatory one-hundred percent service of the minimum sentence
in the range. In 2022, following amendments to the Drug-Free Zone Act, the Defendant
filed a motion for resentencing pursuant to Tennessee Code Annotated section
39-17-432(h), which the trial court denied following an evidentiary hearing. The
Defendant appeals, arguing that the trial court’s ruling was a plain and palpable abuse of
discretion. Upon our review of the oral arguments, applicable law, and the briefs of the
parties, we deny the Defendant’s request for a writ of certiorari and affirm the judgment of
the trial court.

Sevier Court of Criminal Appeals

State of Tennessee v. Jamie Paul Click
E2024-00329-CCA-WR-CO
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Steven Wayne Sword

In 2015, a Knox County jury convicted the Defendant, Jamie Paul Click, of conspiracy to
possess with the intent to sell or deliver 150 grams or more of heroin in a drug-free zone,
a Class A felony. Following amendments to the Drug-Free Zone Act, the Defendant, in
2022, filed a motion pursuant to Tennessee Code Annotated section 39-17-432(h), seeking
resentencing of his Range II sentence of twenty-five years, which included a mandatory
minimum service requirement. The trial court found that it could not resentence the
Defendant to a lower release eligibility because such was not authorized by the statutory
language and denied the motion. We grant certiorari to vacate the trial court’s order and
remand for further proceedings consistent with this opinion.

Knox Court of Criminal Appeals

State of Tennessee v. Dylan Ray Thompson
W2024-01541-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge J. Weber McCraw

Defendant, Dylan Ray Thompson, was convicted by a Fayette County jury of first degree premeditated murder, aggravated assault, and unlawful possession of a handgun by a convicted felon. After a sentencing hearing, the trial court imposed an effective sentence of life plus eight years. Defendant appeals, arguing that the evidence was insufficient to support each of his convictions and that the trial court erred in aligning his sentences consecutively. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.

Fayette Court of Criminal Appeals

Phillip M. Mullins v. State of Tennessee
M2024-00440-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Gary McKenzie

Nearly twenty-three and a half years ago, Phillip Mullins, Petitioner, was convicted of felony murder, second degree murder, especially aggravated robbery, and especially aggravated burglary. He was sentenced to life without parole. State v. Mullins, No. M2002-02977-CCA-R3-CD, 2003 WL 23021402, at *1 (Tenn. Crim. App. Dec. 29, 2003), perm. app. denied (Tenn. June 1, 2004). The convictions were affirmed on direct appeal. Subsequent petitions for post-conviction relief and habeas corpus relief were unsuccessful. See Mullins v. Lindamood, No. M2017-00139-CCA-R3-HC, 2017 WL 3332269, at *1 (Tenn. Crim. App. Aug. 4, 2017), perm. app. denied (Tenn. Nov. 17, 2017); Mullins v. State, No. M2008-00332-CCA-R3-PC, 2008 WL 5272573, at *1 (Tenn. Crim. App. Dec. 19, 2008), perm. app. denied (Tenn. Apr. 27, 2009). Petitioner then filed a pro se petition for DNA post-conviction relief, a petition for writ of error coram nobis, and a petition for habeas corpus relief. Following several hearings, the post-conviction court denied relief. Petitioner appealed. On appeal, he argues that: (1) the post-conviction court erred by denying his request for DNA analysis of the evidence; (2) the post-conviction court improperly denied his request for expert funding; (3) the post-conviction court improperly determined his petition for error coram nobis relief was untimely; and (4) the post-conviction court improperly determined his habeas claims were without merit or previously litigated. After a thorough review, we affirm the judgment of the post-conviction court.

Putnam Court of Criminal Appeals

Stanley Jefferson v. State of Tennessee
W2024-01487-CCA-R3-PC
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Chris Craft

Petitioner, Stanley Jefferson, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in denying his claims that trial counsel was ineffective by failing to object to the taking of Petitioner’s DNA. Following our review of the entire record, the briefs of the parties, and applicable law, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Philip Cavitt
W2024-00673-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Lee V. Coffee

Defendant, Philip Cavitt, appeals as of right from his jury conviction for aggravated sexual battery, for which he was sentenced as a Range II offender to twenty years. On appeal, Defendant contends that the evidence was insufficient to support his conviction. Following our review, we affirm.

Shelby Court of Criminal Appeals

Leon Denton v. Chance Leeds, Warden
W2024-01595-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Carlyn L. Addison

Petitioner, Leon Denton, was convicted of three counts of aggravated rape, one count of facilitation of aggravated rape, and one count of facilitation of especially aggravated robbery, for which he received an effective sentence of fifteen years’ confinement. He subsequently filed a petition for writ of habeas corpus in the Shelby County Criminal Court. The habeas corpus court summarily dismissed the petition. Petitioner now appeals that dismissal. After careful review of the record, we conclude that Petitioner’s notice of appeal is untimely. Moreover, Petitioner offers no reasons why the interest of justice would support a waiver of the filing deadline. Accordingly, we dismiss the appeal.

Shelby Court of Criminal Appeals