APPELLATE COURT OPINIONS

I agree with the majority opinion affirming the habeas corpus court’s dismissal of the Petitioner’s habeas corpus petition on the basis that the petition fails to state a colorable claim. However, I disagree that the evidence is insufficient to support the trial court’s finding of direct criminal contempt.

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Petitioner, Walter George Glenn, appeals the denial of his petition for post-convictionrelief from his conviction for second degree murder. On appeal, Petitioner argues that he received ineffective assistance of counsel. After thorough review, we determine that Petitioner received effective assistance of counsel and affirm the judgment of the post-conviction court.

An Anderson County grand jury indicted the defendant, Gordon Scot Katz, with reckless endangerment with a deadly weapon. Following trial, a jury found the defendant guilty of the same, and the trial court imposed a sentence of two years. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and alleges the trial court erred when denying the defendant’s request to cross-examine a witness regarding pending criminal charges and that the State presented alternate theories of liability, thereby calling the unanimity of the jury’s verdict into question. After hearing the arguments of the parties, reviewing the record, and considering the applicable law, we affirm the judgment of the trial court.

The Defendant, Larry W. Hopkins, was convicted by a Davidson County Criminal Court jury of two counts of aggravated rape, Class A felonies. See T.C.A. § 39-13-502 (2014). The trial court sentenced the Defendant to concurrent terms of twenty-five years’ incarceration at 100% service. On appeal, the Defendant contends that (1) the trial court erred by limiting his cross-examination of the victim and (2) the State engaged in prosecutorial misconduct during closing argument. We affirm the judgments of the trial court.

The Defendant, Terry Patterson, was convicted by a Shelby County Criminal Court jury of aggravated child abuse, a Class A felony, in Count 1; voluntary manslaughter, a Class C felony, in Count 2; aggravated child neglect, a Class A felony, in Count 3; second degree murder, a Class A felony, in Count 4; and aggravated child endangerment, a Class A felony, in Count 5. He was sentenced to twenty-five year terms for the aggravated child abuse, aggravated child neglect, aggravated child endangerment, and second degree murder convictions, and six years for the voluntary manslaughter conviction. The court ordered that the sentences for the aggravated child abuse, aggravated child neglect, and aggravated child endangerment convictions be served concurrent with each other but consecutive to the sentences for the second degree murder and voluntary manslaughter convictions, which were ordered to be served concurrent with each other, for an effective term of fifty years in the Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) his convictions for second degree murder and voluntary manslaughter should be merged, as should his convictions for aggravated child abuse, aggravated child neglect and aggravated child endangerment; and (3) the trial court erred in imposing partial consecutive sentences. After review, we modify the Defendant’s conviction for voluntary manslaughter in Count 2 to reckless endangerment and impose a sentence of four years for that conviction, the judgment of which should indicate the merger of Count 2 into Count 4; reverse the Defendant’s conviction for aggravated child endangerment in Count 5; and remand for entry of a corrected judgment in Count 4 to indicate the merger of Count 2 into Count 4. We affirm the trial court’s judgments in all other regards.

The Defendant, Victor Martin, was convicted by a jury of especially aggravated robbery, attempted especially aggravated kidnapping, and setting fire to personal property, for which he received an effective sentence of forty-seven years’ incarceration. On appeal, the Defendant argues (1) that the evidence was insufficient to support his convictions, contending that the State failed to establish use of deadly weapon, serious bodily injury, confinement that exceeded the accompanying felony, or his identity; (2) that the State committed a Ferguson violation by failing to preserve both a second photographic lineup and a single photograph shown to the victim on an iPad, thereby violating his due process rights requiring dismissal of the indictment or, alternatively, a limiting instruction; (3) that admission of the victim’s medical records was improper given that the affidavit from the hospital’s custodian of records was insufficient violating Tennessee Rule of Evidence 902(11); and (4) that the trial court erred by giving the jury an instruction on flight because it was not supported by the proof. Following our review, we affirm the judgments of the trial court.

Petitioner, Derrick Helms, appeals the summary denial of his pro se petition for postconviction relief. He argues that the post-conviction court did not follow the proper procedures for a preliminary consideration of his petition and that the allegations in the petition, when taken as true, stated a colorable claim for relief. The State concedes that the post-conviction court erred in its summary denial of relief without the appointment of counsel and a hearing. Upon review, we reverse the judgment of the post-conviction court and remand the case for further proceedings.

Rodney Carson Forbes, Defendant, filed a Tennessee Rule of Criminal Procedure 36.1 motion seeking pretrial jail credits. The trial court summarily dismissed the motion for failure to state a colorable claim. We affirm.

The Petitioner, Gary Allen McKennie, sought coram nobis relief from his convictions, alleging that his guilty pleas were not knowingly and voluntarily entered; therefore, the convictions were void. The coram nobis court denied the petition, finding that it was not timely and that coram nobis relief was unavailable to a Petitioner who had entered a guilty plea. The Petitioner appeals the coram nobis court’s ruling. Upon review, we affirm the judgment of the coram nobis court.

The defendant, Tony Gibson, appeals his Shelby County Criminal Court jury convictions of tampering with evidence, claiming that the trial court erred by admitting certain evidence. Discerning no error, we affirm.

The pro se Appellant, Donald Ragland, appeals the Shelby County Criminal Court’s denial of his motion to correct and illegal sentence. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the Appellant has failed to establish that his sentences are illegal, we conclude that the State’s motion is well-taken. Accordingly, we affirm the summary dismissal of the motion.

The Appellant, Edgar C. Salinas, appeals the Bedford County Circuit Court’s denial of his petition for a writ of certiorari seeking relief from his two convictions of aggravated sexual battery and resulting effective twenty-two-year sentence. Based upon the record and the parties’ briefs, the appeal is dismissed.

The Petitioner, Charles Glen Connor, appeals from the Davidson County Criminal Court’s denial of post-conviction relief arguing (1) that “the State failed to provide and defense counsel failed to seek discoverable recorded interviews of witnesses in violation of Brady v. Maryland, [373 U.S. 83 (1963)],” and (2) that trial counsel “failed to keep [the Petitioner] informed of the evidence against him.” After a thorough review of the record, we affirm the judgment of the post-conviction court.

Defendant, Thomas Allen Stringer, was indicted for two counts of aggravated assault and one count of felony evading arrest. In a superseding presentment, Defendant was charged with two counts of aggravated assault, felony evading arrest, and possession of a firearm by a convicted felon. Following a jury trial, Defendant was convicted of two counts of misdemeanor assault and one count of felony evading arrest. The jury found Defendant not guilty of possession of a firearm by a convicted felon. Following a sentencing hearing, the trial court sentenced Defendant to three years for his felony evading arrest conviction and 11 months and 29 days for each of his assault convictions. The trial court ordered all of Defendant’s sentences to run consecutive to each other. The court ordered Defendant to serve three years, 11 months, and 29 days incarcerated and the remaining 11 months and 29 days to be served on Community Corrections. In this appeal as of right, Defendant contends that his sentence is excessive and the trial court abused its discretion by imposing consecutive sentencing. Finding no error, we affirm the judgments of the trial court.

The Defendant, Daron Lekithe Moss, was convicted by a jury of one count of rape. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his conviction; (2) the prosecutor made improper and inflammatory comments during closing argument; and (3) the State failed to include a witness who testified at trial in the original indictment. Following our review, the judgment of the trial court is affirmed.

The pro se Petitioner, Ricky L. Hill, appeals the McNairy County Circuit Court’s dismissal of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the Petitioner has failed to establish that he is entitled to post-conviction relief, we conclude that the State’s motion is welltaken. Accordingly, we affirm the summary dismissal of the motion.

The Defendant-Appellant, Billy Joe Harrah, was convicted by a Sullivan County jury of rape of a child, aggravated sexual battery, and incest, for which he received an effective sentence of forty years’ confinement. On appeal, he argues (1) the evidence was insufficient to support each of his convictions; and (2) the trial court improperly instructed the jury regarding flight. Upon our review, we affirm the judgments of the trial court.

The Petitioner, Doyale Montez Blacksmith, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel because trial counsel (1) failed to file a motion to withdraw from representation after the Petitioner requested that he do so; (2) failed “to call witnesses to rebut the victim’s testimony”; and (3) gave the Petitioner “incorrect advice” regarding the Petitioner’s decision not to testify at trial. Discerning no error, we affirm the judgment of the post conviction court.

On January 12, 2017, the Defendant, Ronald Ellis, was convicted of first-degree premeditated murder. The trial court sentenced him to life imprisonment in the Department of Correction. The Defendant argues on appeal that the evidence is insufficient to sustain his conviction because he was mentally incapable of premeditation at the time of the murder. He further argues that the trial court erred in denying his motion to suppress his confession and statement, asserting that both were obtained in violation of his Miranda rights, and that the aggregate effect of trial errors entitles him to a new trial. After thorough review, we affirm the judgment of the trial court.

The Appellant, Xavier Todd, appeals the trial court’s summary dismissal of his petition for habeas corpus relief. The State has filed a motion asking this Court to affirm pursuant to Court of Criminal Appeals Rule 20. Said motion is hereby granted.

On August 25 and 26, 2017, the Defendant, Timerell Nelson, was convicted of especially aggravated robbery, attempted second degree murder, and employment of a firearm during the commission of criminal attempt second degree murder. The trial court sentenced the Defendant to a total effective sentence of 16 years and the Defendant now argues on appeal that the evidence was insufficient to sustain his especially aggravated robbery conviction because the victim did not suffer serious bodily injury. See Tenn. Code Ann. § 39-13-401(a). After thorough review, we affirm the judgment of the trial court.

Petitioner, Quinton Cage, appeals the habeas corpus court’s dismissal of his petition for habeas corpus relief. After a review, we affirm the dismissal of the petition.

The Defendant, Ariana Tarience Harris, appeals the trial court’s revocation of her probation, arguing that the court should have imposed an alternative sentence rather than ordering her to serve the balance of her original sentence incarcerated, and therefore abused its discretion. After thorough review, we affirm the judgment of the trial court.

In this State appeal, the State challenges the post-conviction court’s grant of relief to the petitioner in the form of a new trial for his 2013 Rutherford County Circuit Court jury convictions of two counts of rape of a child and two counts of aggravated sexual battery. The State asserts that the post-conviction court erred by concluding that the petitioner was deprived of the effective assistance of counsel at trial and that, but for counsel’s deficient performance, the results of the petitioner’s trial would have been different. Because the evidence preponderates against the findings of the post-conviction court, we reverse the ruling of that court and vacate the order granting post-conviction relief.