| State of Tennessee v. Constance Monieka Every
E2024-01606-CCA-R3-CD
The Defendant was convicted in the Knox County Criminal Court of disrupting a lawful
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:D. Kelly Thomas, Jr., Senior Judge |
Knox County | Court of Criminal Appeals | 10/07/25 | |
| State of Tennessee v. Marcus Anthony Pearson
M2025-00031-CCA-R3-CD
The Defendant, Marcus Anthony Pearson, appeals the trial court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. On appeal, the Defendant argues that the trial court did not sufficiently set forth findings of fact and conclusions of law with regard to each argument raised in his Rule 36.1 motion. Additionally, the Defendant contends that his consecutive sentences are illegal because he was not resentenced in accordance with this court’s prior order, and as such, adequate Wilkerson findings were never made to support the imposition of consecutive sentences. Lastly, he claims the amended judgment forms were not entered in a timely fashion. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Khadija L. Babb |
Davidson County | Court of Criminal Appeals | 10/07/25 | |
| State of Tennessee v. Zachary Thomas Hays
E2025-01324-CCA-R9-CD
The Defendant has filed an application for interlocutory appeal, see Tennessee Rules of Appellate Procedure 9, seeking review of the trial court’s February 14, 2025 order denying his motion to dismiss a presentment charging him with aggravated stalking. See
Authoring Judge: Judge Steven W. Sword, Judge Robert H. Montgomery, Jr., Judge Kyle A. Hixson
Originating Judge:Judge Scott G. Green |
Knox County | Court of Criminal Appeals | 10/07/25 | |
| State of Tennessee v. Nicholas S. Collins
E2024-00836-CCA-R3-CD
Defendant, Nicholas S. Collins, was convicted by a Sullivan County jury of the following offenses: domestic assault, a Class A misdemeanor (count 2); assault, a Class A misdemeanor (count 3); and aggravated domestic assault, a Class C felony (count 5). He received an effective sentence of seven and one-half years’ incarceration. Defendant appeals, arguing that the evidence was insufficient to support his convictions. Upon review of the entire record, the briefs and arguments of the parties, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James F. Goodwin, Jr. |
Court of Criminal Appeals | 10/07/25 | ||
| State of Tennessee v. Marvin M. Green
E2025-01516-CCA-R10-CD
Before the court is the pro se Defendant’s “Application for Extraordinary Relief.” See Tenn. R. App. P. 10. The Defendant raises two issues for this court’s review:
Authoring Judge: Judge Steven W. Sword, Judge Robert H. Montgomery, Jr., Judge Kyle A. Hixson
Originating Judge:Judge Stacy L. Street |
Unicoi County | Court of Criminal Appeals | 10/07/25 | |
| State of Tennessee v. Jessie Rose Hodge
E2024-01455-CCA-R3-CD
Defendant, Jessie Rose Hodge, appeals the Knox County Criminal Court’s decision to deny judicial diversion for her guilty-pleaded conviction of criminally negligent homicide, a Class E felony. See Tenn. Code Ann. § 39-13-212. Following our review, we affirm.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge G. Scott Green |
Knox County | Court of Criminal Appeals | 10/06/25 | |
| State of Tennessee v. Decory Sanchez Smith
M2025-00056-CCA-R3-CD
A Montgomery County jury convicted the Defendant, Decory Sanchez Smith, of first degree felony murder and attempted aggravated robbery. The trial court sentenced him to life plus ten years. On appeal, the Defendant asserts that: (1) the evidence is insufficient to support his convictions and (2) the trial court erred when it sentenced him by imposing a ten-year sentence for his robbery conviction and ordering consecutive sentencing. After review, we affirm the trial court’s judgments.
Authoring Judge: Presiding Judge Robert W. Wedemeyer
Originating Judge:Judge Robert T. Bateman |
Montgomery County | Court of Criminal Appeals | 10/06/25 | |
| State of Tennessee v. Nathaniel Lee Mitchell
M2024-01039-CCA-R3-CD
Defendant, Nathaniel Lee Mitchell, appeals from his Giles County Circuit Court conviction for reckless endangerment with a deadly weapon, for which he received a sentence of two years, suspended to two years’ supervised probation. Defendant contends that the trial court erroneously admitted evidence of a prior incident in violation of Tennessee Rule of Evidence 404(b) and that the evidence of his reckless mental state was insufficient. Following a thorough review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge M. Caleb Bayless |
Giles County | Court of Criminal Appeals | 10/03/25 | |
| State of Tennessee v. Devan Shepherd
W2024-01645-CCA-R3-CD
Devan Shepherd, Defendant, was convicted by a Madison County jury of first degree felony murder, three counts of aggravated robbery, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life plus twelve years. On appeal, Defendant contends that the evidence was insufficient to support his convictions; that the trial court erred by granting the State’s motion in limine to prohibit any discussion of Defendant’s age at the time of the offenses; and that the trial court erred by not instructing the jury on defense of a third person. Following our review of the record and the parties’ arguments, we affirm the judgments of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 10/03/25 | |
| Nathaniel T. Taylor v. State of Tennessee
E2025-00310-CCA-R3-PC
Petitioner, Nathaniel Taylor, appeals the Knox County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition because (1) his petition was unjustly denied in light of established law and under color of law; (2) he should have been appointed counsel and granted an evidentiary hearing in order to present his case; and (3) his conviction was based on the use of evidence gained pursuant to an unconstitutional search and seizure in violation of the Fourth Amendment of the U.S. Constitution. Upon review of the entire record, the briefs of the parties, and the applicable law, we affirm the post-conviction court’s summary dismissal.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 10/02/25 | |
| State of Tennessee v. Amanda Michelle Owen
E2024-01617-CCA-R3-CD
Defendant, Amanda Michelle Owen, appeals the eight-year sentence imposed for her Blount County Circuit Court guilty-pleaded conviction of theft of property valued at $60,000 or more but less than $250,000, a Class B felony, arguing that the trial court erred by imposing a sentence of full incarceration. Because the record reflects that the trial court made the appropriate findings and that those findings are supported by the facts of this case, the trial court did not abuse its discretion by ordering that Defendant serve the entirety of her sentence in confinement, and, accordingly, we affirm.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge David Reed Duggan |
Blount County | Court of Criminal Appeals | 10/02/25 | |
| State of Tennessee v. James Andrew DiDomenico
M2024-01368-CCA-R3-CD
A Williamson County jury convicted the Defendant, James Andrew DiDomenico, of four counts of rape, and the trial court imposed an effective sentence of ten years’ incarceration. On appeal, the Defendant raises several issues. First, he contends that the trial court committed the following trial errors: (1) excluding evidence that the victim was dating a former client; (2) admitting cumulative testimony that repeated the victim’s account; (3) admitting testimony concerning letters sent by the Defendant’s divorce attorneys to the victim; and (4) refusing to instruct the jury on the defense of mistake of fact. He further argues that, even if these alleged errors are individually insufficient to warrant reversal, their cumulative effect deprived him of a fair trial. The Defendant also challenges the denial of his motion for a new trial based on purportedly newly discovered evidence, as well as the trial court’s sentencing determinations. Upon our review, we respectfully affirm the judgments of the trial court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Joseph A. Woodruff |
Williamson County | Court of Criminal Appeals | 10/01/25 | |
| State of Tennessee v. Craig Kitt
M2025-01297-CCA-R8-CO
This matter is before the Court upon motion of the Defendant, Craig Kitt, for review of the trial court’s order denying his motion to reduce the amount of his pretrial bond. See Tenn. R. App. P. 8; Tenn. Code. Ann. § 40-11-144. The State opposes.
Authoring Judge: Presiding Judge Robert W. Wedemeyer; Judge Robert L. Holloway, Jr.; Judge Timothy L. Easter
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Williamson County | Court of Criminal Appeals | 10/01/25 | |
| State of Tennessee v. Caprice Lashon Peete
W2024-00715-CCA-R3-CD
The Defendant, Caprice Lashon Peete, was convicted by a Tipton County Circuit Court jury of first degree premeditated murder, for which he received a sentence of life imprisonment. On appeal, the Defendant challenges the sufficiency of the evidence and argues that the trial court erred by not excusing a juror who failed to disclose that she knew one of the State’s primary witnesses, by not allowing the Defendant to cross-examine another State’s witness about the underlying facts of the witness’s 2023 conviction for convicted felon in possession of a firearm, and by allowing the prosecutor to make inappropriate comments in closing argument without an adequate curative instruction by the trial court or the trial court’s enforcing its order that the prosecutor retract the inappropriate comment. The Defendant further argues that he is entitled to a new trial under the doctrine of cumulative error. We affirm the judgment of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge A. Blake Neill |
Tipton County | Court of Criminal Appeals | 10/01/25 | |
| State of Tennessee v. David Patrick Lauderdale
W2024-01004-CCA-R3-CD
The Defendant, David Patrick Lauderdale, was convicted by a jury of domestic assault, interfering with an emergency call, robbery, resisting arrest, felony evading arrest in a motor vehicle, aggravated assault, leaving the scene of an accident, violating the financial responsibility law, and driving with a canceled, suspended, or revoked license. On appeal, the sole issue presented for our review is whether the evidence is sufficient to support the robbery conviction. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 09/29/25 | |
| State of Tennessee v. Ray Gene Elliott, III
E2025-00113-CCA-R3-CD
The Defendant, Ray Gene Elliott, III, was convicted by a Knox County Criminal Court
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 09/29/25 | |
| State of Tennessee v. Romeaka Evans
W2024-01923-CCA-R3-CD
Romeaka Evans, Defendant, was indicted by a Shelby County Grand Jury for second degree murder. After a jury trial, she was convicted as charged and sentenced to twenty-five years in incarceration as a Range I, standard offender. The trial court denied a motion for new trial, and Defendant appealed, arguing that the trial court improperly denied a mistrial, that the evidence was insufficient, and that the trial court imposed an improper sentence. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Carlyn L. Addison |
Shelby County | Court of Criminal Appeals | 09/29/25 | |
| State of Tennessee v. Brian Lee Fisk
W2024-00882-CCA-R3-CD
Defendant, Brian Lee Fisk, appeals his Dyer County Circuit Court jury conviction of the sale of .5 grams or more of cocaine within a Drug-Free Zone, see Tenn. Code Ann. § 39- 17-432 (2014), challenging the sufficiency of the convicting evidence and the sentencing decision of the trial court. Because the evidence was sufficient to support his conviction and because the trial court did not commit plain error by sentencing Defendant under the terms of the Drug-Free Zone Act in effect at the time of the offense, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Chancellor Tony Childress |
Dyer County | Court of Criminal Appeals | 09/25/25 | |
| State of Tennessee v. John David Cunningham
M2024-00288-CCA-R3-CD
A Rutherford County jury convicted the Defendant, John David Cunningham, as charged of seven counts of rape of a child and six counts of aggravated sexual battery against his minor daughter, and the trial court imposed an effective 100-year sentence. See Tenn. Code Ann. §§ 39-13-522 (Supp. 2013), -504(a)(4). On appeal, the Defendant argues: (1) the trial court erred in admitting the child’s forensic interview; (2) the evidence is insufficient to sustain his convictions; (3) the trial court erred in admitting evidence of his alleged prior bad acts; (4) the trial court abused its discretion in imposing partially consecutive sentencing; (5) the trial court erred in ordering the Defendant to stop taking depositions in the divorce case and to turn over existing deposition transcripts to the State; and (6) the trial court abused its discretion in allowing the State to utilize an unauthenticated excerpt of a transcript lacking the court reporter’s certification. After review, we affirm the judgments of the trial court but remand the case for entry of corrected judgment forms in Counts 1 through 13 to reflect the Defendant’s effective 100-year sentence.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 09/24/25 | |
| State of Tennessee v. Enoch Zarceno Turner
W2024-01191-CCA-R3-Cd
The Defendant, Enoch Zarceno Turner, was convicted of two counts of first-degree premeditated murder, first-degree murder in the perpetration of aggravated child abuse, aggravated child abuse, aggravated arson, and especially aggravated burglary, for which he received an effective sentence of life without parole. The sole issue raised on appeal is whether the State established the identity of the Defendant as the perpetrator of each of the offenses. Upon our review, we affirm the judgments of the trial court.
Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge Chris Craft |
Shelby County | Court of Criminal Appeals | 09/23/25 | |
| State of Tennessee v. Matthew Richard Herron
E2024-01216-CCA-R3-CD
Following a trial, a jury found Defendant, Matthew Richard Herron, guilty of felony
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Zachary R. Walden |
Campbell County | Court of Criminal Appeals | 09/23/25 | |
| State of Tennessee v. Robert Vernon Johson a/k/a Robert Vernon Griffin
M2024-01398-CCA-R3-CD
Defendant, Robert Vernon Johnson a/k/a Robert Vernon Griffin, was convicted by a Davidson County jury of second degree murder and possession of a firearm by a convicted felon. He received an effective sentence of thirty-one years’ imprisonment. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court abused its discretion in denying probation for the firearm conviction and ordering consecutive sentences. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Steve R. Dozier |
Davidson County | Court of Criminal Appeals | 09/23/25 | |
| State of Tennessee v. Mikal B. Morrow
M2024-01505-CCA-R3-CD
The Defendant, Mikal B. Morrow, appeals the trial court’s revocation of his effective six-year probationary sentence for aggravated assault by strangulation, false imprisonment, and interference with a 911 call. On appeal, he alleges that (1) the State failed to prove by a preponderance of the evidence that he violated the terms of his probation and (2) the trial court abused its discretion by fully revoking his probation after finding the Defendant had absconded. Following our review, we affirm the judgment of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Robert T. Bateman |
Montgomery County | Court of Criminal Appeals | 09/22/25 | |
| Donavan Daniel v. State of Tennessee
W2025-00039-CCA-R3-PC
The Petitioner, Donavan Daniel, was convicted in the Weakley County Circuit Court of three counts of first degree felony murder, one count of first degree premeditated murder, one count of especially aggravated robbery, and one count of possession of marijuana with intent to sell or deliver. After a bifurcated sentencing hearing, the jury sentenced him to life without parole for two counts of first degree felony murder, life for the remaining count of first degree felony murder, and life for first degree premeditated murder. This court affirmed the convictions on direct appeal and affirmed the denial of post-conviction relief. Subsequently, the Petitioner filed a motion to reopen his post-conviction petition. After a hearing, the post-conviction court granted the motion to reopen, granted post-conviction relief, and reduced the Petitioner’s two sentences of life without parole to life. On appeal, the State contends that the post-conviction court erred in applying State v. Booker, 656 S.W.3d 49 (Tenn. 2022), to the Petitioner’s sentences of life without parole and, therefore, erred in reducing the Petitioner’s sentences to life. We agree with the State. Accordingly, the judgment of the post-conviction court is reversed, and the Petitioner’s sentences of life without parole for first degree felony murder in counts three and four are reinstated.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Jeff Parham |
Weakley County | Court of Criminal Appeals | 09/19/25 | |
| State of Tennessee v. Tammy Cothren Dabbs
M2024-01233-CCA-R3-CD
Tammy Cothren Dabbs, Defendant, pleaded guilty to possession of 0.5 grams or more of methamphetamine with intent to sell, and the trial court sentenced her to eight years suspended to probation. The trial court subsequently issued a probation violation warrant and multiple amended warrants alleging violations of probation Rule 8 based upon Defendant’s multiple positive drug tests for amphetamine and methamphetamine. At an evidentiary hearing, Defendant admitted to violating the terms of her probation, and the trial court determined the consequences of the violation. Defendant appeals, claiming that the trial court erred by ordering her to serve the balance of her eight-year sentence. Following a review of the record and applicable law, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Forest A. Durard, Jr. |
Lincoln County | Court of Criminal Appeals | 09/19/25 |