APPELLATE COURT OPINIONS

Petitioner, Joletta Summers, appeals the denial of her petition for post-conviction relief from her convictions for voluntary manslaughter, attempted voluntary manslaughter, and employment of a firearm during the commission of a dangerous felony. On appeal, Petitioner asserts that she received ineffective assistance of counsel because trial counsel mentioned during opening statement an inculpatory statement that was never introduced into evidence; failed to adequately argue for severance of her case from her codefendant’s; failed to object to the State’s improper closing argument; failed to file a timely motion for new trial; and failed to argue on appeal that the trial court erred in failing to specify the predicate felony in the jury instructions for the employment of a firearm charge. Upon our review of the record and applicable authorities, we affirm the judgment of the post-conviction court.

I agree with the majority's conclusion that the evidence was sufficient to support the Defendant's conviction for aggravated robbery and that the record supports the length of the Defendant's within-range sentences. However, I respectfully dissent from the majority's conclusion regarding the trial court's imposition of consecutive sentences.

Pro se petitioner, Robert Allen Territo, appeals the summary dismissal of his Rule 36.1 motion to correct an illegal sentence by the Circuit Court for Jackson County. On appeal, the petitioner argues that (1) he should have been sentenced as a Range I offender; (2) the trial court erred by improperly enhancing his sentence above the statutory minimum; (3) the trial court violated Rule 11 by accepting his guilty plea; and (4) he received ineffective assistance of counsel. Upon review, we affirm the judgment of the trial court.

The Defendant was indicted for driving under the influence of an intoxicant (DUI); driving with a blood alcohol concentration of .08 or more (DUI per se); DUI, second offense; and unlawful possession of a weapon. The Defendant filed a motion to suppress evidence obtained as a result of a blood draw taken pursuant to a search warrant, and the trial court granted the motion. The State sought and was granted permission to appeal pursuant to Tennessee Rule of Appellate Procedure 9. We hold that the police officer’s execution of the search warrant was unconstitutional, that exigent circumstances did not justify the blood draw, and that the good faith exception does not apply. Accordingly, we affirm the trial court’s judgment suppressing the results of the blood draw and remand the case to the trial court for further proceedings consistent with this opinion.

The defendant, Willie Hardy, Jr., appeals his Montgomery County Circuit Court jury conviction of aggravated robbery, claiming that the evidence was insufficient to support his conviction and that the sentence imposed was excessive. Because the trial court failed to make the requisite findings, we vacate the trial court’s imposition of consecutive sentencing and remand for the limited purpose of making the appropriate findings on this issue. In all other respects, we affirm the judgment of the trial court.

A Madison County jury convicted the Defendant, Brandon Dewayne Theus, of unlawful possession of a firearm after previously having been convicted of a felony involving the attempted use of force, violence, or a deadly weapon. The trial court sentenced the Defendant to nine years in the Tennessee Department of Correction as a Range II, multiple offender. On appeal, the Defendant challenges the trial court’s denial of his motion to suppress evidence discovered as a result a vehicle stop, the sufficiency of the evidence, and his sentence. Upon reviewing the record and the applicable law, we affirm the judgment of the trial court. However, we remand the case to the trial court for correction of the judgment to reflect that the Defendant was convicted pursuant to Tennessee Code Annotated section 39-17-1307(b)(1)(A) rather than section 39-17-1307(c).

The Petitioner, Derek Cunningham, appeals the denial of his petition for post-conviction relief. Pursuant to a guilty plea, the Petitioner was convicted of second degree murder and sentenced to thirty years of incarceration. The Petitioner sought post-conviction relief, asserting that he received the ineffective assistance of counsel and that he entered his plea unknowingly and involuntarily. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the postconviction court’s denial of relief.

A Shelby County jury convicted the Petitioner, Demetrius Hollins, of attempted second degree murder and especially aggravated robbery, and the trial court sentenced him to an effective sentence of sixty years of incarceration. This Court affirmed the Petitioner’s convictions and sentence on appeal. State v. Demetrius Hollins, No. W2012-02001-CCA-R3-CD, 2013 WL 6199463, at *1 (Tenn. Crim. App., at Jackson, Nov. 25, 2013), perm. app. denied (Tenn. May 15, 2014). The Petitioner filed a petition for postconviction relief alleging that he received the ineffective assistance of counsel based upon his trial counsel’s failure to subpoena several alibi witnesses. After a hearing, the post-conviction court denied the Petitioner relief, and we affirm the post-conviction court’s judgment.

A jury convicted the Defendant, Sean Farris, of aggravated robbery, and the trial court sentenced the Defendant to serve ten years and six months in the Tennessee Department of Correction. On appeal, the Defendant asserts that: (1) the trial court improperly allowed the admission of prior convictions; (2) the trial court unreasonably limited crossexamination of the victim; (3) the evidence is insufficient to sustain his conviction; and (4) his sentence is excessive. We affirm the trial court’s judgment.

Defendant, Jeffrey Scott Long, was indicted by the Blount County Grand Jury for first degree murder, felony murder during the perpetration of a burglary, aggravated burglary, and aggravated assault. Following a jury trial, Defendant was convicted as charged, and the trial court merged the two murder convictions. The trial court imposed a life sentence for the murder conviction and concurrent six-year sentences for the remaining two convictions. In this appeal as of right, Defendant raises the following issues for our review: 1) Defendant's statement to police should have been suppressed because he made an unequivocal request for counsel, and he did not knowingly and voluntarily waive his Miranda rights; 2) the trial court erred by admitting into evidence an order of protection granted to the victim against Defendant; 3) the trial court erred by admitting into evidence autopsy photos; 4) the trial court should have suppressed evidence seized as a result of a warrantless search of Defendant's apartment; 5) the trial court erred by allowing expert testimony outside the scope of the forensic pathologist's expertise; 6) the trial court erred by denying Defendant's request for a special jury instruction; 7) the trial court erred by allowing evidence that was not properly authenticated; 8) Defendant was denied a fair trial because a portion of trial testimony was not transcribed; 9) the evidence was insufficient to sustain Defendant's convictions; 10) the State exceeded the scope of its closing argument on rebuttal; and 11) the cumulative effect of the errors requires reversal of Defendant's convictions. Having carefully reviewed the entire record and briefs of the parties, we conclude that there is no error. Accordingly, we affirm Defendant's convictions.

A jury convicted the Defendant, Tedarrius Lebron Myles, of attempted second degree murder, a Class B felony, and employing a firearm during the commission of a dangerous felony, a Class C felony. The Defendant appeals, arguing that the evidence was insufficient to support the verdicts, that hearsay evidence regarding the Defendant’s identity was admitted in error, and that the State failed to qualify an expert witness to testify. After a thorough review of the record, we conclude that the evidence was sufficient and that the Defendant cannot demonstrate plain error in the admission of evidence, and we accordingly affirm the judgments of the trial court.

Devon Alvon Wilson (“the Defendant”) appeals the Maury County Circuit Court’s order revoking his probation and imposing his sixteen-year sentence for three counts of possession of more than 0.5 grams of cocaine with intent to sell, three counts of possession of marijuana with intent to sell, possession of a Schedule III substance with intent to sell, and evading arrest. On appeal, the Defendant acknowledges that he violated probation but argues that the trial court should have ordered only a partial revocation. Discerning no error, we affirm the judgment of the trial court.

A Davidson County Criminal Court Jury convicted the Appellant, Virgil Lucas Baker, of aggravated burglary, a Class C felony; vandalism of property valued more than $500 but less than $1,000, a Class E felony; and assault, a Class A misdemeanor. After a sentencing hearing, the trial court sentenced him to concurrent sentences of fifteen years; six years; and eleven months, twenty-nine days, respectively. On appeal, the Appellant contends that the trial court erred by denying his motion to suppress the victim’s identifications of him and that the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The Petitioner, Charles D. Sprunger, appeals the Cumberland County Criminal Court’s denial of his petition for post-conviction relief from his 2010 conviction for sexual exploitation of a minor and his eight-year sentence. The Petitioner contends that (1) he was denied his right to trial counsel of his choice because his “untainted” real property was seized before the trial pursuant to the civil asset forfeiture statutes and (2) he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court.

In 2012, a Morgan County jury found the Defendant, John Brichetto, guilty of theft of property valued at more than $60,000. The trial court sentenced the Defendant to ten years of incarceration and ordered him to pay $142,215 in restitution to the victim. In 2016, the Defendant filed one of several motions pursuant to Tennessee Rule of Criminal Procedure 36.1, seeking to correct an illegal sentence. The trial court summarily denied Rule 36.1 relief. On review, having determined that the Petitioner has failed to state a colorable claim for Rule 36.1 relief, we affirm the judgment of the trial court.

In 2012, the Petitioner, Corey Cortez Abernathy, pleaded guilty to burglary of an automobile and theft of property and agreed to a sentence of two years of incarceration. In 2013, the Petitioner filed a petition for post-conviction relief based upon ineffective assistance of counsel. The post-conviction court held a hearing on the petition and denied relief. On appeal, the Petitioner alleges that he was deprived of the effective assistance of counsel because his counsel failed to file a motion to suppress illegally obtained evidence. We affirm the post-conviction court’s judgment.

In 2008, the Defendant, Xavier Sanchez Skaggs, pleaded guilty to possession of contraband in a penal institution, and the trial court sentenced him to a suspended sentence of eight years, as a Range II offender. The trial court ordered this sentence to be served consecutively to other sentences being served by the Defendant. In 2016, the Defendant’s probation officer filed an affidavit alleging that the Defendant had failed to regularly attend relapse prevention classes and that he also failed two drug screens. The Defendant pleaded guilty to violating his probation, and the trial court revoked his probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered him to serve his sentence in confinement because the trial court failed to address the Defendant’s underlying problem of persistent drug use. After review, we affirm the trial court’s judgment.

The Petitioner, Clyde Green, appeals the denial of his petition for post-conviction relief. The Petitioner pled guilty to two counts of facilitation of first degree premeditated murder, two counts of facilitation of felony murder, especially aggravated robbery, criminal conspiracy to commit aggravated robbery, criminal conspiracy to possess more than twenty-six grams of cocaine with the intent to sell or deliver, possession of more than twenty-six grams of cocaine with the intent to sell or deliver, and maintaining a dwelling where controlled substances were used or sold. He received an effective twenty-two-year sentence. The Petitioner sought post-conviction relief, asserting that he received the ineffective assistance of counsel, which rendered his pleas unknowing and involuntary. Following a hearing, the post-conviction court denied relief. After review of the record and applicable law, we affirm the post-conviction court’s denial of relief.

The Defendant, Elijah Ogle, pled guilty to aggravated burglary, robbery, aggravated assault, three counts of aggravated domestic assault, three counts of illegal possession of a firearm, domestic assault, possession of a weapon with the intent to go armed, possession of marijuana with the intent to sell or deliver, possession of a controlled substance, and possession of drug paraphernalia. He received an effective ten-year sentence which was to be served on probation. A violation of probation warrant was issued against the Defendant, charging him with having been arrested for aggravated domestic assault, failing to report the arrest to his probation officer, failing to refrain from contact with the victim, and continuing to engage in assaultive behavior. Following a hearing, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in prison. The Defendant appeals. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.

The Petitioner, Randall Turner, filed a motion to reopen his post-conviction petition in which he challenged his guilty pleas to first degree murder, aggravated kidnapping, and two counts of aggravated robbery and his effective sentence of life imprisonment without the possibility of parole. The post-conviction court denied the motion, and the Petitioner subsequently filed two motions to rehear, both of which the post-conviction court denied. The Petitioner filed a notice of appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Upon reviewing the record and the applicable law, we dismiss the appeal.

The Petitioner, Shanterrica Madden, appeals the post-conviction court’s dismissal of her petition for post-conviction relief as untimely. The Petitioner contends that due process concerns should toll the one-year statute of limitations to allow review of her underlying claims. Upon review, we affirm the judgment of the post-conviction court.

Tonnie Jelks, the Petitioner, claims that the post-conviction court erred in dismissing his petition for post-conviction relief. The Petitioner claims that his guilty plea was not knowingly and voluntarily entered because trial counsel incorrectly advised him concerning his offender classification, failed to adequately investigate his case, failed to inform him of the elements of the charged offense, and failed to challenge a show-up identification procedure and because the State failed to file the notice of enhanced punishment mandated by Tennessee Code Annotated section 40-35-202(a). After a thorough review of the record and the applicable law, we affirm the judgment of the postconviction court.

The Defendant, Daniel Edrick Lutrell, pled guilty to vehicular homicide by reckless conduct, reckless aggravated assault, and passing in a no-passing zone. The trial court sentenced the Defendant to an effective sentence of six years as a Range I standard offender. On appeal, the Defendant argues that the trial court erred by denying probation, by ordering the Defendant to serve his sentence in confinement, and by ordering the Defendant to serve the maximum sentence for a Range I standard offender. After a thorough review of the record and applicable case law, we affirm the trial court’s judgments.

The defendant, Brandon Scott Donaldson, appeals his Knox County Criminal Court jury convictions of second degree murder, attempted second degree murder, and employing a firearm during the commission of a dangerous felony, claiming that the trial court erred by excluding certain evidence and by giving certain jury instructions, that the evidence was insufficient to sustain his convictions of second degree murder and attempted second degree murder, that the sentence imposed was excessive, and that the cumulative effect of these errors prevented a fair trial. In addition, the defendant raises a number of challenges to the statute regarding the death of a fetus. Because the trial court committed prejudicial error by excluding as hearsay certain witness testimony, because this exclusion violated the defendant’s constitutional right to present a defense, we reverse the defendant’s convictions and remand for a new trial.

I concur in all parts of the lead opinion, except section II.B., “State of Passion” and Sequential Jury Instructions. As to that particular section, I concur in the result that Defendant is not entitled to relief on his challenge to the use of acquittal-first instructions pursuant to State v. Davis, 266 S.W.3d 896 (Tenn. 2008) and that he is not entitled to relief on the issue challenging the jury instruction that passion and provocation are elements of voluntary manslaughter.