APPELLATE COURT OPINIONS

A Wayne County Jury convicted Defendant, Brent Rowden, of second-degree murder (County One), tampering with evidence (Count Two), and attempted initiation of a process to manufacture methamphetamine (Count Three). He received concurrent sentences of thirty-seven years as a Range II multiple offender for second-degree murder, thirteen years as a persistent offender for tampering with evidence, and thirteen years as a persistent offender for attempted initiation of a process to manufacture methamphetamine. The trial court ordered Defendant’s effective thirty-seven-year sentence to be served consecutively to an eight-year sentence in Lawrence County. On appeal, Defendant argues that the trial court erred in denying the motion to suppress his statements to police. After a thorough review, we affirm the judgment of the trial court. However, the matter is remanded to the trial court for entry of a corrected judgment in Count One to reflect Defendant’s offender status as Multiple rather than Career.

The Defendant-Appellant, Susan Deshon Winters, was indicted by a Coffee County Grand Jury for bribery of a public servant (count 1), possession of .5 grams or more of cocaine with the intent to sell or deliver (count 2), possession of marijuana with the intent to sell or deliver (count 3), and possession of drug paraphernalia (count 4). See T.C.A. §§ 39-16-102; 39-17-417(a)(4), (c)(1); 39-17-417(a)(4), (g)(1); 39-17-425. Pursuant to a plea agreement, Winters entered guilty pleas to the charged offenses, with the trial court to determine the length and manner of service of the sentences. The trial court subsequently sentenced Winters as a Range I, standard offender to an effective sentence of eight years in the Tennessee Department of Correction. On appeal, Winters argues that the trial court abused its discretion in denying her a sentence of split confinement. Upon review, we affirm the judgments for bribery of a public servant, possession of marijuana with the intent to sell or deliver, and possession of drug paraphernalia. However, because the record indicates that Winters entered a guilty plea to the indicted offense of possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony, rather than the offense of possession of less than .5 grams of cocaine with the intent to sell or deliver, a Class C felony, we reverse the judgment in count 2 and remand the case for resentencing on that conviction.

The appellant, James Dennis Lamb, pled guilty in the Blount County Circuit Court to two counts of theft of property valued one thousand dollars or more and two counts of writing worthless checks valued $500 or less and received an effective four-year sentence to be served on supervised probation. Subsequently, the trial court revoked the appellant’s probation and ordered that he serve the balance of his effective sentence in confinement. On appeal, the appellant contends that the trial court abused its discretion by ordering that he serve the sentence in confinement. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The Petitioner, Johnny L. Heitz, appeals the Sullivan County Criminal Court’s denial of his petition for post-conviction relief from his aggravated kidnapping conviction and resulting thirty-year sentence. He contends that trial counsel rendered ineffective assistance by failing to object to two statements made by prosecutors during closing argument. We affirm the judgment of the trial court.

The defendant, Cleven Johnson, appeals his Knox County Criminal Court jury conviction of aggravated sexual battery, claiming that (1) the evidence was insufficient to support his conviction; (2) the trial court erred by refusing to grant his motion for mistrial; (3) the trial court erred by admitting photographs of the crime scene, and of a victim’s injuries and by admitting evidence of the defendant’s guilty plea to accompanying offenses; and (4) the sentence was excessive. Discerning no error, we affirm the judgment of the trial court.

Petitioner, Jerry A. Bell, was convicted in three separate trials of multiple felonies which resulted in three separate appeals. See State v. Jerry Bell, No. W2003-02870-CCA-R3-CD, 2005 WL 1105158 (Tenn. Crim. App., at Jackson, May 10, 2005); State v. Jerry Bell, No.W2004-01355-CCA-R3-CD, 2005 WL 2205849 (Tenn. Crim. App., at Jackson, Sept. 12, 2005); State v. Jerry Bell, No. W2005-02812-CCA-R3-CD, 2006 WL 2872472 (Tenn. Crim. App., at Jackson, Oct. 9, 2006). Petitioner filed a pro se petition for post-conviction relief jointly attacking these convictions and arguing that the statute of limitations should be tolled because the cases of Apprendi v. New Jersey, 530 U.S. 466 (2000); Blakely v. Washington, 542 U.S. 296 (2004); Cunningham v. California, 549 U.S. 270 (2007); and State v. Gomez, 239 S.W.3d 733 (Tenn. 2007) (“Gomez II”); established a new constitutional right requiring the tolling of the statute of limitations or in the alternative that his due process rights were violated such that the tolling of the statute of limitations is required. The post-conviction court summarily dismissed the petition. Petitioner appeals this dismissal. We have reviewed the record on appeal and conclude that there is no basis upon which to toll the statute of limitations. Therefore, we affirm the post-conviction court’s summary dismissal of the petition.

The defendant, Daniel Ward, appeals his Campbell County Criminal Court jury convictions of 10 counts of aggravated sexual battery, claiming that the evidence was insufficient to support his convictions, that the bill of particulars was inadequate, that his pretrial statement to police was not voluntarily and knowingly given, and that the 54-year sentence imposed by the trial court was excessive. Because the evidence was insufficient to support the defendant’s conviction of aggravated sexual battery in count six, that conviction is reversed, and the charge is dismissed. The remaining judgments of the trial court are affirmed

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A jury convicted the defendant, Brice Cook, of premeditated first degree murder after the defendant shot the victim, Shantell Lane. The defendant was sentenced to life imprisonment. The defendant appeals, asserting that the trial court erred in: (1) allowing a witness to offer lay opinion testimony; (2) denying the defendant’s request for a copy of a witness’s prior statement to police; (3) allowing certain hearsay testimony; (4) refusing to grant a mistrial when a witness referred twice to the defendant’s previous trial; (5) giving limiting instructions to the jury over the defendant’s objection; (6) allowing prosecutorial misconduct during closing argument; and (7) refusing to excuse for cause potential jurors who exhibited a bias against a defendant’s exercise of his or her right to remain silent. After a thorough review of the record, we conclude that there is no reversible error. Accordingly, we affirm the judgment of the trial court.

The petitioner, John Lowery, appeals the Knox County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis. He asserts that newly discovered evidence, namely two witnesses’ recantation of their identification of the petitioner as the shooter and a previously unknown witness who said the petitioner was not at the scene of the crime, warranted a new trial on his convictions of premeditated first degree murder and attempted first degree murder. Upon review, we reverse the judgment of the coram nobis court and remand for an evidentiary hearing.

The Appellant, Cumberland Bail Bonding Company, appeals the Roane County Criminal Court’s denial of its petitions to write bonds in the Criminal Courts of the Ninth Judicial District. On appeal, the Appellant argues that because it met all the necessary qualifications for bonding companies, the trial court’s order withholding approval for it to write bonds should be reversed, and the case should be remanded with instructions to approve it to write bonds as requested or with instructions to implement the procedures outlined in Tennessee Code Annotated section 40-11-125 in an expedited fashion. Upon review, we reverse the judgment of the trial court and remand the case for entry of an order approving the Appellant to write bonds in the Ninth Judicial District.

Pro se Petitioner, Willie Andrew Cole, appeals the post-conviction court’s summary dismissal of his petition requesting DNA analysis pursuant to Tennessee Code Annotated Section 40-30-301. The sole issue presented for our review is whether the post-conviction court erred in dismissing the petition for DNA analysis without a response from the State or an evidentiary hearing. Upon review, we reverse the judgment of the post-conviction court and remand for further proceedings consistent with this opinion.

The petitioner, Eric Cathey, filed in the Shelby County Criminal Court a petition for post-conviction relief from his convictions of felony murder and aggravated child abuse, alleging that his trial counsel was ineffective. After an evidentiary hearing, the post-conviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

Appellant, Colby Terrell Black, was serving an effective twelve-year suspended sentence imposed as a result of his 2007, 2008, and 2010 guilty pleas to aggravated assault, two counts of sale of cocaine, and a second aggravated assault, respectively. He was arrested in 2011 for aggravated domestic assault. The trial court held a revocation hearing, after which it revoked appellant’s probation and ordered execution of his sentences. He successfully appealed the trial court’s order on the basis that the trial court failed to set forth the evidence it relied upon in ordering revocation and did not address the allegation that appellant had committed a new offense. The trial court complied with this court’s directive and filed an extensive order detailing the reasons for revocation. Appellant again appeals, claiming that the trial court erred by not considering his mental state at the time of the offense and by failing to find that the preponderance of the evidence supported the trial court’s decision to revoke his probation. Upon our review, we discern no error and affirm the judgment of the trial court.

Troy Reynolds (“the Defendant”) pleaded guilty in February 2012 to evading arrest by vehicle, theft of property valued at over $1,000, and burglary. Pursuant to a plea agreement, he was sentenced as a Range I standard offender to an effective sentence of three years to be suspended and served on supervised probation, consecutive to an earlier suspended sentence. The State later filed a violation of probation warrant. The Defendant was taken into custody, and a probation revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence in confinement. The Defendant appealed the trial court’s ruling. Upon our thorough review of the record and applicable law, we affirm the trial court’s judgment.

The defendant, Stanley B. Hill, was convicted by a Blount County jury of the first degree premeditated murder of his wife, Vickie Hill, and sentenced to life imprisonment. On appeal, he argues that the trial court committed reversible error by: (1) allowing the medical examiner to use demonstrative evidence that was inherently unreliable, unfairly prejudicial, cumulative, and not disclosed to defense counsel prior to trial and (2) excluding a piece of physical evidence as a sanction for his violation of the reciprocal discovery obligations under Rule 16 of the Tennessee Rules of Criminal Procedure. Following our review, we affirm the judgment of the trial court.

A Cumberland County jury convicted the Petitioner, Gary Thomas Reed, of initiating the process of manufacturing methamphetamine. This Court affirmed the Petitioner’s conviction and sentence on appeal. State v. Gary Thomas Reed, No. E2009-02238-CCA-R3-CD, 2011 WL 1842711 (Tenn. Crim. App., at Knoxville, Aug. 24, 2011), perm. app. denied (Tenn. Aug. 24, 2011). The Petitioner timely filed a petition for post-conviction relief claiming that he had received the ineffective assistance of counsel. The post-conviction court denied relief after a hearing. On appeal, the Petitioner claims that his attorney failed to call an exculpatory witness at trial and failed to object to a violation of the sequestration rule. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment.

The Petitioner, Jerry Whiteside Dickerson, appeals the Johnson County Criminal Court’s summary dismissal of his petition for the writ of habeas corpus regarding his convictions for first degree felony murder and especially aggravated robbery, for which he is serving an effective life sentence. The Petitioner contends that the trial court erred in dismissing the petition. We affirm the judgment of the trial court.

Defendant pled guilty to one count of possession of more than 0.5 grams of cocaine with intent to sell, a Class B felony, and one count of driving with a suspended license, a Class B misdemeanor, while reserving a certified question of law concerning the constitutionality of a city ordinance requiring vehicles operating within the municipality to have a “tag light” illuminating the vehicle’s license plate after dark. The defendant was sentenced to eight years probation on the possession charge and to a concurrent six months probation for driving with a suspended license. Upon review, we conclude that the certified question reserved by the defendant is not dispositive of the constitutionality of the traffic stop at issue. The defendant’s appeal is dismissed accordingly.

Petitioner, Adrian Curb, filed a petition for post-conviction relief, or in the alternative, a petition for writ of error coram nobis, challenging the conviction resulting from his 1997 guilty plea to aggravated assault. As grounds for relief, he claimed that his attempted first degree murder indictment was improperly amended to aggravated assault, thus coercing him into involuntarily pleading guilty to the amended charge. The post-conviction court summarily dismissed the petition because petitioner failed to establish an exception to the one-year statute of limitation for petitions for post-conviction relief. The court also concluded that petitioner failed to demonstrate the requisite factors for newly discovered evidence as required for writ of error coram nobis relief. Following our review, we discern no error and affirm the judgment of the post-conviction court.

The defendant, Carlos Smith, appeals his Shelby County Criminal Court jury convictions of two counts of attempted second degree murder, two counts of aggravated assault, and one count each of aggravated robbery, especially aggravated burglary, employing a firearm during a dangerous offense, and being a convicted felon in possession of a handgun, claiming that the trial court erred by denying his motion to sever offenses and that the State violated the tenets of Brady v. Maryland, 373 U.S. 83 (1963). Discerning no error, we affirm.

In this case, Defendant filed a motion to dismiss the indictment pursuant to the constitutional protections afforded him to be protected from double jeopardy. Defendant asserts in this interlocutory appeal that the trial court erred by denying the motion. I concur in the results reached by the majority, but write separately to express my opinion that the only justifiable reason for the trial court to deny the motion was the Defendant’s failure to explicitly object to the declaration of a mistrial.
 

A Knox County Criminal Court Jury convicted the appellant, Josh L. Bowman, of three counts of first degree felony murder, one count of especially aggravated kidnapping, one count of especially aggravated robbery, two counts of aggravated burglary, and one count of employing a firearm during the commission of a dangerous felony. After the jury announced its verdicts, the appellant pled guilty to one count of employing a firearm during the commission of a dangerous felony when, at the time of the offense, the appellant had a prior felony conviction. The trial court merged the murder convictions, merged the burglary convictions, merged the employing a firearm convictions, and sentenced the appellant to an effective sentence of life plus sixty years in confinement. On appeal, the appellant contends that the trial court erred by failing to suppress his statement to police, by allowing the State to show a transcript of his statement simultaneously with his video-recorded statement, and by failing to instruct the jury as provided by State v. White, 362 S.W.3d 559 (Tenn. 2012). Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court’s failing to instruct the jury properly pursuant to White constitutes reversible error. Therefore, the appellant’s conviction for especially aggravated kidnapping must be reversed and the case remanded to the trial court for a new trial as to that offense.

I concur in that portion of the majority opinion which holds the trial court did not err by denying the appellant’s motion to suppress his statement. I disagree with the remaining parts of the opinion and therefore would affirm all the judgments of the trial court.

The Defendant, Stanley Abernathy James, was convicted by a Knox County Criminal Court jury of second degree murder, a Class A felony, for which he is serving a twenty-five-year sentence. In this appeal, the Defendant contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

In two separate cases, the Defendant, Amber R. Galemore, pled guilty to possession with intent to sell or deliver cocaine and to theft of property. She was sentenced to an effective sentence of eight years on probation. As part of the Defendant’s plea agreement, she reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). The question is articulated in the record as, “Whether the search warrant issued by a General Sessions Judge for Montgomery County, Tennessee, which was based on statements of an unknown person outside the defendant’s residence and computer keystroke software results[,] provided a sufficient nexus to make a probable cause determination.” After reviewing the record and applicable law, we conclude that the trial court did not err when it denied the Defendant’s motion to suppress. Accordingly, we affirm the Defendant’s convictions.