| Horatio Lewis Rice v. State of Tennessee
M2023-00609-CCA-R3-PC
Petitioner, Horatio Lewis Rice, 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 adequately investigate Petitioner’s mental health issues and that Petitioner lacked the mental capacity to enter into a constitutionally valid plea agreement. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Forest A. Durard, Jr. |
Bedford County | Court of Criminal Appeals | 05/15/24 | |
| State of Tennessee v. Shelton Hall, III
M2023-00657-CCA-R3-CD
Petitioner, Shelton Hall, III, appeals the denial of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Following our review of the entire record and the briefs of the parties, we affirm the judgment of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James A. Turner |
Rutherford County | Court of Criminal Appeals | 05/15/24 | |
| Christopher A. Maxwell v. State of Tennessee
M2023-01090-CCA-R3-PC
Petitioner, Christopher A. Maxwell, pleaded guilty to one count of first degree premeditated murder and two counts of attempted first degree premeditated murder, and was sentenced to an effective term of life plus twenty years. Petitioner filed a timely petition for post-conviction relief, which the post-conviction court denied after conducting a hearing. On appeal, Petitioner alleges he was denied the effective assistance of counsel and that his guilty pleas were entered unknowingly and involuntarily. After review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Justin C. Angel |
Franklin County | Court of Criminal Appeals | 05/15/24 | |
| State of Tennessee v. Roger Earl England
E2022-01392-CCA-R3-CD
Defendant, Roger Earl England, appeals as of right from his conviction for first degree
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 05/14/24 | |
| State of Tennessee v. Horace Andrew Tyler Nunez
E2023-00193-CCA-R3-CD
A Knox County jury convicted Horace Andrew Tyler Nunez, Defendant, of one count of first degree premeditated murder and four counts of reckless endangerment. On appeal, Defendant advances multiple arguments related to: admissibility of evidence; improper jury communications; sufficiency of the evidence; failing to instruct the jury on voluntary manslaughter; and sentencing. The State argues: the trial court did not err, or alternatively, any error was harmless; the evidence was sufficient; and the sentence was proper. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Kyle A. Hixson |
Knox County | Court of Criminal Appeals | 05/14/24 | |
| State of Tennessee v. Kelby Lerha Taylor
W2023-00693-CCA-R3-CD
The Defendant, Kelby Lerha Taylor, appeals his convictions for nine counts of incest, eight counts of rape, three counts of sexual battery by an authority figure, two counts of aggravated assault, and one count of aggravated rape. Specifically, the Defendant argues that his substantive due process and fair trial rights were violated when the State, after its case-in-chief, dismissed a count charging continuous sexual abuse of a child under the Child Protection Act (“CPA”). This dismissal occurred after the Defendant had previously withdrawn a motion to sever the offenses based upon his understanding that the presence of the CPA charge necessitated joinder of at least some of the offenses. The Defendant additionally challenges the sufficiency of the evidence supporting his convictions. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge J. Weber McCraw |
McNairy County | Court of Criminal Appeals | 05/13/24 | |
| State of Tennessee v. Terrance Collins
W2023-01150-CCA-R3-CD
Terrance Collins (“Defendant”) appeals from his Shelby County Criminal Court conviction for aggravated arson, a Class A felony, and resulting twenty-year sentence. Defendant contends that the evidence was insufficient to support his conviction and that the trial court abused its discretion by imposing more than the minimum in-range sentence. Following a thorough review, we affirm the judgment of the trial court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Carlyn L. Addison |
Shelby County | Court of Criminal Appeals | 05/13/24 | |
| Ryan Michael Ramey v. State of Tennessee
E2023-00724-CCA-R3-PC
The petitioner, Ryan Michael Ramey, appeals the denial of his post-conviction petition,
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Lisa Rice |
Unicoi County | Court of Criminal Appeals | 05/09/24 | |
| State of Tennessee v. Ashley Bianca Ruth Kroese
M2022-01180-CCA-R3-CD
A Williamson County jury convicted Defendant, Ashley Bianca Ruth Kroese, of vehicular
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge James G. Martin, III |
Williamson County | Court of Criminal Appeals | 05/07/24 | |
| State of Tennessee v. Jeffrey Milton Stokes AKA Real Black
E2023-00667-CCA-R3-CD
The defendant, Jeffrey1 Milton Stokes aka Real Black, was convicted by a Knox County jury of first-degree premeditated murder and reckless endangerment, and he was sentenced to an effective term of life imprisonment. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge J. Ross Dyer
Originating Judge:Judge Scott Green |
Knox County | Court of Criminal Appeals | 05/07/24 | |
| Bobby L. Franklin v. Brian Eller, Warden
E2023-01018-CCA-R3-HC
The pro se petitioner, Bobby L. Franklin, appeals from the denial of his petition for writ of habeas corpus by the Criminal Court for Johnson County, arguing the habeas court erred in summarily dismissing his petition. The petitioner asserts he is entitled to habeas corpus relief because a “new judgment” was entered, lengthening his sentence. Following our review, we conclude that the petitioner’s notice of appeal was untimely and that the interest of justice does not mandate waiver of this requirement. Thus, the instant appeal should be dismissed.
Authoring Judge: Judge Ross J. Dyer
Originating Judge:Judge Stacy L. Street |
Johnson County | Court of Criminal Appeals | 05/07/24 | |
| State of Tennessee v. Benjamin L. Bradford
W2022-01632-CCA-R3-CD
The Defendant, Benjamin L. Bradford, was convicted by a Gibson County Circuit Court jury of first degree premeditated murder, first degree murder in the perpetration of theft, and destroying, tampering, or fabricating evidence. See T.C.A. §§ 39-13-202(a)(1)-(2) (first degree murder) (2018) (subsequently amended), 39-16-503 (2018) (destroying, tampering with, or fabricating evidence). The jury imposed a sentence of life without parole for each of the first degree murder convictions and merged the judgments. The trial court imposed a fifteen-year sentence for destroying, tampering, or fabricating evidence, to be served consecutively to the life-without-parole sentence. On appeal, the Defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of the trial court.
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Clayburn Peeples |
Gibson County | Court of Criminal Appeals | 05/03/24 | |
| State of Tennessee v. Claude Harvey Banner
E2023-01433-CCA-R9-CO
The Defendant, Claude Harvey Banner, was convicted by a Carter County Criminal Court
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Stacy L. Street |
Carter County | Court of Criminal Appeals | 05/02/24 | |
| State of Tennessee v. Olga Narnia Sevilla
E2023-00541-CCA-R3-CD
A Bradley County jury convicted the Defendant, Olga Narnia Sevilla, of aggravated child
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Sandra Donaghy |
Bradley County | Court of Criminal Appeals | 05/02/24 | |
| State of Tennessee v. Jayson Isiah Booker
E2023-00435-CCA-R3-CD
sell and/or deliver marijuana, a Class E felony, and the trial court imposed an agreed upon
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/02/24 | |
| LaNorris O'Brien Chambers v. State of Tennessee
M2023-00929-CCA-R3-PC
The Petitioner, LaNorris O’Brien Chambers, appeals from the Rutherford County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for two counts of robbery, two counts of fraudulent use of a credit card, and one count of aggravated assault. On appeal, the Petitioner argues trial counsel provided ineffective assistance in failing to challenge Count 5, in failing to request dismissal of Count 2 of the superseding indictment, in failing to explain Rule 404(b) and the effect of his prior convictions, in failing to challenge the sufficiency of the State’s notice of sentence enhancement, and in failing to review all discovery with him. We affirm the judgment of the post-conviction court.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 05/01/24 | |
| Baldomero Galindo v. State of Tennessee
E2023-01107-CCA-R3-PC
Petitioner, Baldomero Galindo, appeals as of right from the Knox County Criminal Court’s
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Hector Sanchez |
Knox County | Court of Criminal Appeals | 05/01/24 | |
| Rhynuia L. Barnes v. State of Tennessee
M2023-01088-CCA-R3-PC
In 1990, a Shelby County jury convicted the Petitioner, Rhynuia L. Barnes, of premeditated first-degree murder, and the trial court sentenced him to an effective sentence of life in prison. The Petitioner unsuccessfully appealed his conviction. He then unsuccessfully filed a petition for post-conviction relief and three petitions for writ of error coram nobis, as well as a motion to exhume his father’s body and for fingerprint analysis. In 2023, the Petitioner filed his second post-conviction fingerprint analysis petition asking: (1) that the TBI enter the latent prints found on the murder weapon into an online fingerprint database; and (2) that the court order testing of his deceased father’s palm prints against the known palm print on the murder weapon. The post-conviction court summarily dismissed the petition, and the Petitioner appeals. After review, we affirm the post-conviction court’s judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steve Dozier |
Davidson County | Court of Criminal Appeals | 04/30/24 | |
| State of Tennessee v. Phillip Jerome Locke
E2022-01676-CCA-R3-CD
A Knox County jury convicted the Defendant of first degree premeditated murder, felony
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 04/30/24 | |
| Kevin Lawrence v. Kevin Genovese, Warden
W2023-00607-CCA-R3-HC
The Petitioner, Kevin Lawrence, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. The Petitioner argues his judgment is void and illegal because his sentence does not reflect any parole eligibility. Based on our review, we affirm the habeas corpus court’s dismissal of the petition.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Mark L. Hayes |
Lake County | Court of Criminal Appeals | 04/29/24 | |
| State of Tennessee v. Izaiha Gleaves
M2023-00175-CCA-R3-CD
The Appellant, Izaiha Gleaves, was convicted of second degree murder, attempted second degree murder, two counts of employment of a firearm during the commission of a dangerous felony, aggravated assault, and tampering with evidence. The trial court imposed an effective sentence of forty-nine years’ confinement. On appeal, the Appellant argues: (1) the evidence is insufficient to support his convictions; (2) the trial court erred when it failed to excuse a juror who had a conflict of interest; (3) the trial court erred when it admitted a redacted recording of a witness interview; (4) the trial court’s cumulative errors warrant reversal; and (5) the trial court erred when it imposed an effective sentence of forty-nine years.1 After review, we affirm the trial court’s judgments.
Authoring Judge: Presiding Judge Camille R. McMullen
Originating Judge:Judge Barry R. Tidwell |
Rutherford County | Court of Criminal Appeals | 04/26/24 | |
| State of Tennessee v. Travis Scott Gilliam
E2023-00533-CCA-R3-CD
A Hawkins County jury convicted the Defendant, Travis Scott Gilliam, in three cases involving violations of the Sex Offender Registry, community supervision for life, and related offenses. In a fourth case, the Defendant pled guilty to the offense of aggravated assault and agreed to a six-year sentence running consecutively to the other cases. After a hearing, the trial court imposed partially consecutive sentences for a total effective sentence of fourteen years plus eleven months and twenty-nine days. In this appeal, the Defendant argues that the trial court erred in imposing consecutive sentences and that the judgments conflict with the trial court’s oral announcement. Upon our review, we dismiss the appeal in Case No. 22-CR-36 because this sentence was entered pursuant to a valid plea agreement and was the subject of a valid waiver of appeal. Regarding the other cases, we respectfully affirm the trial court’s judgments. We also remand these cases for entry of corrected judgments reflecting the alignment of the sentence as announced at the sentencing hearing.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Alex E. Pearson |
Court of Criminal Appeals | 04/26/24 | ||
| State of Tennessee v. Juanyai Walls
W2022-01379-CCA-R3-CD
A Shelby County jury convicted the Defendant, Juanyai Walls, of two counts of first degree
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Jennifer Johnson Mitchell |
Shelby County | Court of Criminal Appeals | 04/25/24 | |
| State of Tennessee v. William Dangelo Penny
W2023-00912-CCA-R3-CD
The Defendant, William Dangelo Penny, was convicted of driving under the influence of
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 04/25/24 | |
| State of Tennessee v. Justin Keith Willoughby
E2023-01499-CCA-R3-CD
The Defendant, Justin Keith Willoughby, entered a no contest plea to a criminal information charging him with reckless aggravated assault. The plea agreement reserved sentencing issues for the trial court’s consideration. Following a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion. It also imposed a sentence of four years, which it suspended and placed the Defendant on probation. On appeal, the Defendant argues that the trial court abused its discretion in denying his request for judicial diversion. Upon our review, we respectfully disagree and affirm the judgment of the trial court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Zachary R. Walden |
Campbell County | Court of Criminal Appeals | 04/25/24 |