APPELLATE COURT OPINIONS

The Defendant, Louis Wayne Frazier, pled guilty to the attempted sexual battery of his granddaughter. Following a sentencing hearing, the trial court imposed a sentence of six years and ordered that the sentence be served in custody. On appeal, the Defendant argues that the trial court abused its discretion in imposing the maximum sentence and denying his request for an alternative sentence. Upon our review, we affirm the trial court’s decision to impose a six-year sentence. However, we respectfully remand the case to the trial court for a new hearing regarding the denial of an alternative sentence.

In this interlocutory appeal, the State asks this court to review the trial court’s suppression of Defendant’s blood alcohol test. After reviewing the entire record, the briefs and oral arguments of the parties, and the applicable law, we reverse the trial court’s order granting Defendant’s motion to suppress the result of his blood alcohol test.

A Dyer County jury convicted the Defendant, Guy Willie Toles, of felony reckless endangerment. The trial court sentenced the Defendant to one and a half years of confinement, suspended to probation after the service of sixty days of incarceration, and it imposed a $750 fine. On appeal, the Defendant contends that the trial court erred when it set his fine because the trial court failed to place any findings on the record in support of the fine. After review, we affirm the trial court’s judgment.

The Defendant, Jerome Cole, Jr., pled guilty in the Knox County Criminal Court to
possession of a firearm after having been convicted of a violent felony and aggravated
assault with a deadly weapon. Pursuant to the plea agreement, he received concurrent
eight-year sentences with the trial court to determine the manner of service. After a
sentencing hearing, the trial court ordered that he serve the sentences in confinement. On
appeal, the Defendant claims that the trial court erred by denying his request for alternative
sentencing. Based on our review, we affirm the judgments of the trial court.

This matter is before the Court upon application of the Defendant, John M. Bybee, for permission to pursue an interlocutory appeal. Tenn. R. App. P. 9. The State has filed a response in opposition. The Defendant seeks review of the trial court’s order denying his motion to suppress evidence. Upon full consideration, the application is denied for the reasons stated below. 

Rule 9 outlines the procedure for obtaining interlocutory appellate review of a trial court order. Both the trial and appellate court must approve the appeal. To that end, a party must first file a motion in the trial court requesting the appeal within thirty days of the order being appealed. Tenn. R. App. P. 9(b). If the trial court determines the interlocutory appeal shall be allowed to proceed, the party must then file an application for permission to appeal in this Court within ten days of the trial court’s order granting the appeal. Tenn. R. App. P. 9(c). The application must be accompanied by copies of the trial court order from which appellate review is being sought, the trial court’s statement of reasons for granting the appeal, and the other parts of the record necessary for consideration of the application. Tenn. R. App. P. 9(d). Thus, and because there is generally no record already on file when a party seeks a Rule 9 appeal, it is that party’s responsibility to provide this Court with an ad hoc record of the proceeding below. The Defendant’s application is sufficient for this Court’s review.

On July 31, 2025, the pro se Appellant filed a notice of appeal seeking an appeal as
of right from the trial court’s July 22, 2025 order denying a motion for resentencing
pursuant to Tennessee Code Annotated section 39-17-432(h). Recognizing that an appeal
as of right does not lie from the challenged order, see State v. Bobo, 672 S.W.3d 299 (Tenn.
Crim. App. 2023), the Appellant has now filed a petition for a writ of certiorari seeking
review of the trial court’s order. Tenn. Code Ann. § 27-8-102(a)(2). The State has not
filed a response in opposition to the Appellant’s petition.

Defendant, Marty Ray Rouse, appeals the trial court’s judgment revoking his probation and ordering him to serve his full sentence in confinement after Defendant admitted to violating his probation. Defendant asserts the trial court abused its discretion by focusing on Defendant’s past criminal history and failing to apply the correct legal standard in determining the consequence of Defendant’s probation violation. After review, we affirm the judgment of the trial court.

The pro se Petitioner, Marcus Wilson, appeals from the habeas corpus court’s summary dismissal of his petition for writ of habeas corpus. We affirm the summary dismissal of the petition.

After a bench trial in the Tipton County Circuit Court, the Defendant, Travis Michael Barnett, was convicted of one count of theft of property valued at $10,000 or more but less than $60,000, and the trial court imposed a six-year sentence as a Range II multiple offender with a 35% release eligibility. On appeal, the Defendant argues that the evidence is insufficient to support his conviction. Discerning no error, we affirm.

Defendant, Samantha Louise Bledsoe, was indicted by the Sullivan County Grand Jury for one count of driving under the influence ("DUI"), one count of DUI per se, one count of driving on a revoked license, and one count of DUI sixth offense. At the close of the State's proof, the trial court granted Defendant's motion for judgment of acquittal as to the charge of driving on a revoked license. A jury found Defendant guilty of the alternate DUI counts, and after a bifurcated proceeding, the DUI sixth offense count. The trial court merged the other offenses into the DUI sixth offense count and imposed an agreed upon four-year sentence. Defendant appeals her conviction and challenges the sufficiency of the evidence of her identity as the driver of the vehicle. Following our review, we affirm the judgment of the criminal court. 

A Shelby County jury convicted the defendant, Ladarrin Ceazer, of second-degree murder for which he received a sentence of twenty-five years with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing him to the maximum within-range sentence. Upon our review of the record, the applicable law, and the parties’ briefs, we affirm the trial court’s decision.

The Defendant, Michael Chad Owens, appeals his DeKalb County convictions for the sale and delivery of heroin and methamphetamine and resulting forty-five-year effective sentence. Specifically, the Defendant challenges that (1) the State failed to sufficiently establish the chain of custody for the narcotics; (2) the evidence was not sufficient to sustain his convictions due to chain of custody issues; (3) his right to confrontation was violated when the confidential informant (“CI”) involved in the controlled buys did not testify at trial; (4) the probative value of the admitted photograph of the CI was substantially outweighed by its danger of unfair prejudice; (5) the Defendant’s alleged impairment at trial prejudiced the jury against him; (6) his sentences are excessive; and (7) the fines imposed by the trial court are excessive. After review, we remand the case to the trial court for a hearing with regard to the fines and for entry of corrected judgment forms reflecting the sentence and fine for each conviction. We affirm the judgments of the trial court in all other respects.

Defendant, Ricky Lee Allen, Jr., was convicted by a jury of driving under the influence (“DUI”). Defendant claims that the trial court erred by failing to suppress the evidence obtained as a result of his traffic stop, which he argues was unreasonably long, and that the trial court erred by finding that defense counsel “opened the door” to evidence that Defendant refused consent to have a blood sample taken. Discerning no error, we affirm.

Petitioner, Shaquil Murphy, was convicted by a Knox County Criminal Court jury of
attempted first degree premeditated murder, attempted second degree murder, unlawful
possession of a firearm by a convicted felon, two counts of aggravated assault, and two
counts of employing a firearm during the commission of a dangerous felony, for which he
received a total effective sentence of thirty years’ incarceration. Petitioner subsequently
filed a petition for post-conviction relief, which the post-conviction court denied after a
hearing. On appeal, Petitioner contends that he was denied the effective assistance of
counsel based upon trial counsel’s failure to move for a bifurcation of the trial for his charge
of unlawful possession of a firearm by a convicted felon and, instead, stipulating to
Petitioner’s status as a convicted felon. Following a thorough review, we affirm the postconviction
court’s denial of relief.

A defendant was charged with one count of first-degree murder and one count of unlawful possession of a firearm. He was granted bail upon the posting of a $100,000 bond by a bonding company. In the wake of the defendant’s successive failures to appear, the trial court ordered the bond forfeited. The defendant was apprehended several weeks after the bonding company paid the forfeiture, and the bonding company sought a refund. The trial court denied the refund, and the bonding company moved the trial court to set aside its order denying the refund. The trial court also denied the motion to set aside, and this appeal followed. We affirm the trial court.

The Defendant, Marcus Levon Somerville, appeals from his convictions for two counts of aggravated assault, contending that the trial court abused its discretion by denying his requests for judicial diversion and alternative sentencing. Additionally, he notes that the record is devoid of any proof that he affirmatively entered a guilty plea. After review, we agree that the Defendant never pled guilty to these offenses, rendering his convictions void as a matter of law. Accordingly, the judgments of the trial court are reversed, the Defendant’s convictions are vacated, and the case is remanded for further proceedings consistent with this opinion.

Petitioner, Rhonda Kay Davis, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in finding that trial counsel provided effective assistance of counsel and that her plea was knowingly and voluntarily entered. Upon review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgment of the post-conviction court.

On December 13, 2022, David Johnson was struck by a vehicle driven by Dylan Clark. Dylan Clark’s automobile insurance carrier was Appellee, Tennessee Farmers Mutual Insurance Company. Appellee negotiated a settlement and paid $50,000.00 on Mr. Clark’s behalf for his role in the accident. The $50,000.00 check was made payable to both Appellant Beverly Johnson and Medicare. On May 1, 2024, Appellants filed suit. Appellees moved to dismiss the complaint for failure to state a claim pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure, and the trial court granted the motion. Appellants appeal the dismissal of their lawsuit. Discerning no error, we affirm the judgment of the trial court.

The Defendant, Patrick Plunk, appeals from the order of the trial court revoking his probation. He argues that the trial court abused its discretion by failing to properly apply the two-step process required for probation revocation. In addition, the Defendant contends the record contains no reliable evidence to support revocation and no findings regarding the appropriate consequence, rendering the record insufficiently developed for appellate review. The State responds that the record contains substantial evidence supporting the revocation. After review, we affirm the trial court’s revocation of the Defendant’s probation but remand for the trial court to make findings concerning the consequence imposed for the revocation.

The Defendant, Billy Joe Anderson, pleaded guilty in the Washington County Criminal
Court in case number 48319 to second degree murder, a Class A felony, and in case number
48913 to attempted first degree murder, a Class A felony. See T.C.A. §§ 39-13-210 (2018)
(second degree murder); 39-13-202 (Supp. 2024) (first degree murder); 39-12-101 (2018)
(criminal attempt). On appeal, the Defendant contends the trial court erred by determining
that he was a Range II multiple offender based on his 2010 Florida conviction. We affirm
the judgments of the trial court.

Defendant, Joshua Neil Blair, appeals the thirty-five-year sentence imposed for his Campbell County Criminal Court Jury convictions of felony evading arrest, vandalism, aggravated assault, and attempted second degree murder, claiming that the trial court erred by imposing partially consecutive sentences. Because the record supports the sentencing decision of the trial court, we affirm.

The Defendant, Michael Taylor, entered a guilty plea to arson pursuant to North Carolina v. Alford, 400 U.S. 25 (1970), for which he received an agreed upon four-year sentence with the manner of service to be determined by the trial court. Following a hearing, the trial court imposed a sentence of one year in confinement followed by three years’ supervised probation. In this appeal, the Defendant contends that the trial court erred in denying full probation. Upon review, we affirm the judgment of the trial court.

A Shelby County jury convicted the Petitioner, Antonio Dodson, of three counts of especially aggravated kidnapping, two counts of aggravated robbery, one count of aggravated rape, one count of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. On appeal, this court affirmed the trial court’s judgments against the Petitioner. State v. Sherrod and Dodson, W2015-02022- CCA-R3-CD, 2017 WL 1907723 at *1 (Tenn. Crim. App. May 9, 2017) perm. app. denied (Tenn. Sept. 22, 2017). The Petitioner filed a petition for post-conviction relief, claiming ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. The Petitioner appeals, maintaining that he received the ineffective assistance of counsel and that his due process rights were violated. After review, we affirm the post-conviction court’s judgment.

The Defendant, Justin Rivers, was convicted of aggravated child neglect and received a sentence of fifteen years in confinement. On appeal, the Defendant argues: (1) his motion for judgment of acquittal should be treated as a prematurely filed motion for new trial; (2) the evidence is insufficient to support his conviction; and (3) the aggravated child neglect statute is unconstitutionally vague. After review, we dismiss the appeal due to its untimeliness.

Pursuant to a plea agreement, Defendant, Demarcus Montay Montgomery, entered guilty pleas for aggravated assault against a first responder and evading arrest involving the risk of death or injury in exchange for a three-year sentence, with the trial court to determine the manner of service. Following a sentencing hearing, the trial court imposed a sentence of three years’ confinement. On appeal, Defendant argues that the trial court abused its discretion by sentencing him to full confinement rather than probation. Upon review, we affirm the judgments of the trial court.