APPELLATE COURT OPINIONS

The pro se petitioner, Jeffery Demond Miree, appeals as of right from the Hamilton County Criminal Court’s order denying his petition for writ of error coram nobis. The State has filed a motion to affirm the trial court’s order pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court.

The Petitioner, Donald Smith, contends that his guilty plea was not knowingly and intelligently entered because he was not coherent at the hearing due to mental incapacities and that trial counsel was deficient for failing to request a mental evaluation. After considering the record and the relevant authorities, we affirm the judgment of the postconviction court.

The appellant, Robert Wayne Garner, appeals his jury convictions for first degree murder in perpetration of a felony, a Class A felony, see Tenn. Code Ann. § 39-202(a)(1); aggravated arson, a Class A felony, see Tenn. Code Ann. § 39-14-302; and theft of property valued over ten thousand dollars, a Class C felony, Tenn. Code Ann. § 39-14-103. The appellant  received the mandatory minimum sentence for first degree felony murder of life in prison. The trial court additionally sentenced the defendant to serve twenty-five years for his conviction of aggravated arson and three years for his conviction of theft. The latter sentences were ordered to be served concurrently, but consecutively to the life sentence for felony murder, for a total effective sentence of life plus twenty-five years. On appeal Garner alleges insufficiency of the evidence; trial court error allowing hearsay testimony; trial court error not allowing impeachment of a witness with a prior conviction; and trial court error in allowing the hearsay of a phone call. After a thorough review of the record, we affirm the judgments of the trial court.

Petitioner, Michael W. Smith, appeals the habeas corpus court’s dismissal of his pro se petition for habeas corpus relief. On direct appeal from his convictions for assault and aggravated burglary in Shelby County, this Court determined that the trial court constructively amended the indictments during the jury charge causing reversible error. See State v. Michael Smith, No. W2011-01630-CCA-R3-CD, 2013 WL 3702369 at *7-8 (Tenn. Crim. App., at Jackson, July 12, 2013). As a result, Petitioner’s convictions were reversed and remanded for a new trial. Id. at 1. Because the habeas corpus petition in this case seeks a new trial, the judgment of this Court on direct appeal granting a new trial renders the instant appeal moot. Accordingly, Petitioner’s appeal is dismissed.

Appellant, Perry Neal Barham, was indicted by the Chester County Grand Jury for one count of rape of a child and one count of aggravated sexual battery. The State subsequently dropped the rape charge. Appellant was convicted by a jury of aggravated sexual battery and sentenced by the trial court as a Range II offender to twenty years with a 100 percent release eligibility. On appeal, Appellant argues that the trial court erred in denying his motion to allow the presentation of evidence of the victim’s prior sexual history under Rule 412 of the Tennessee Rules of Evidence, that the evidence was insufficient to support his conviction, and that the trial court erred in sentencing him to the maximum sentence in the range. We have reviewed the record on appeal and affirm the judgment of the trial court.

On August 4, 2008, a Shelby County jury convicted Petitioner, Charles Williams, of first degree murder and especially aggravated robbery. State v. Charles Williams, No. W2008-02211-CCA-R3-CD, 2010 WL1930965, at *1 (Tenn. Crim. App., at Jackson, May 13, 2010), perm. app. denied, (Tenn. Apr. 12, 2011). Petitioner was sentenced as a Range I, standard offender to consecutive sentences of life and fifteen years. In 2011, Petitioner filed a timely pro se petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial. The post-conviction court denied Petitioner relief. On appeal,
Petitioner contends that the trial court erred in denying his petition. After a thorough review of the record, we affirm the trial court’s denial of post-conviction relief.

The petitioner, Kelvin Collins, petitioned the Shelby County Criminal Court for postconviction relief from his 2011 guilty-pleaded convictions of facilitation to commit robbery and aggravated robbery, arising out of two separate incidents. The convictions resulted in a total effective sentence of eight years to serve in the Department of Correction. Following an evidentiary hearing, the post-conviction court denied relief, and following our review, we affirm the order of the post-conviction court.

The petitioner, Christopher A. Williams, appeals the summary dismissal of his petition for writ of habeas corpus that challenged his 1997 Shelby County Criminal Court jury conviction of felony murder. Discerning no error, we affirm.

A Shelby County grand jury indicted Appellant, Dexter Cox, for first degree premeditated murder in September of 2008. After a jury trial, Appellant was found guilty of first degree murder, for which the trial court sentenced Appellant to life without the possibility of parole. The sentence was ordered to be served consecutively to a previously imposed life sentence. Appellant challenges his conviction, claiming that his confession was the product of an illegal arrest and was involuntary. Following our review, we affirm the judgmens of the trial court.

The Petitioner, Christa Gail Pike, appeals the Davidson County Criminal Court’s denial of post-conviction relief from her conviction for attempted first degree premeditated murder of a fellow inmate.  On appeal, the Petitioner argues that she received ineffective assistance of counsel.  Upon review, we affirm the judgment of the post-conviction court.

The petitioner, Tony Wolfe, was convicted by a Shelby County Criminal Court Jury of first degree premeditated murder and was sentenced to life imprisonment. Thereafter, he filed a petition for post-conviction relief, alleging that his trial counsel was ineffective. The postconviction court denied the petition, and the petitioner appeals. Upon review, we affirm the judgment of the post-conviction court.

I concur with the majority opinion, except I respectfully disagree with its affirming the imposition of forty-five days’ confinement. I do not believe the trial court justified confinement as opposed to full probation under the circumstances in this case. My view results from the trial court’s findings and the law that guides its determinations.

A Maury County jury convicted the Defendant, Christopher Michael Hooten, of first degree premeditated murder, first degree felony murder, aggravated robbery, and tampering with evidence.  The trial court imposed a life sentence for the merged murder convictions and concurrent sentences of eight years for the aggravated robbery conviction and three years for the tampering with evidence conviction.  On appeal, the Defendant contends that: (1) the trial court erred when it denied his motion to suppress evidence found during the search of his vehicle; (2) the trial court erred when it excluded a videotaped confession from a co-defendant; and (3) the evidence is insufficient to support his convictions.  After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.

After a trial by jury, the defendant was convicted of first degree (felony) murder as well as one count of especially aggravated robbery, a Class A felony. Prior to trial, the defendant also pled guilty to one count of burglary of an automobile, a Class E felony. The defendant was automatically sentenced to life in prison for the felony murder, and he received concurrent sentences as a Range I, standard offender of eighteen years for the especially aggravated robbery and one year for the burglary of the automobile. On appeal, the defendant claims that the evidence is insufficient to support his convictions and that the trial court erred by instructing the jury that they could not consider lesser-included offenses until after they reached a unanimous decision with respect to the first degree murder charge. We find these claims to lack merit. In addition, the defendant claims that the trial judge’s ex parte contact with the jury during its deliberations exerted an improper influence on jury’s verdict. Upon review, we conclude that on the unique facts of this case public confidence in jury’s verdict has been so undermined as to necessitate reversal of the defendant’s first degree (felony) murder conviction. We affirm the defendant’s remaining convictions and sentences and remand the case to the trial court for further proceedings consistent with this opinion.

A Hamilton County Criminal Court Jury found the appellant, Tony Eric Pickett, Jr., guilty of evading arrest, a Class E felony. The trial court sentenced the appellant as a career offender to six years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the trial court’s failure to instruct the jury on misdemeanor evading arrest. Upon review, we affirm the judgment of the trial court.

A Rutherford County jury convicted the Defendant, Freeman Ray Harrison, Jr., of two counts of aggravated sexual battery and one count of reckless endangerment, and the trial court sentenced the Defendant to a total effective sentence of twenty years, to be served at 100%.  On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his conviction for reckless endangerment and one of the counts of aggravated sexual battery; (2) the trial court erred when it allowed the victim’s grandmother’s testimony about the victim’s initial “complaint”; (3) Rutherford County was not the appropriate venue; (4) the State’s loss of a GPS device about which there was testimony rendered his trial fundamentally unfair; and (5) the trial court erred when it imposed consecutive sentences.  After a thorough review of the record and applicable authorities, we conclude there exists no error in the judgments of the trial court.  As such, the trial court’s judgments are affirmed.

The Defendant, William Lance Walker, was convicted by a Marshall County Circuit Court jury of two counts of possession with the intent to sell one-half gram or more of cocaine, two counts of possession with the intent to deliver one-half gram or more of cocaine, and possession of drug paraphernalia.  See T.C.A. §§ 39-17-417, 39-17-425 (2010).  The trial court merged each possession with the intent to deliver conviction with the corresponding possession with the intent to sell conviction.  The Defendant was sentenced as a Range II, multiple offender to concurrent terms of nineteen years for each possession with the intent to sell conviction and eleven months, twenty-nine days for the possession of drug paraphernalia conviction.  On appeal, he contends that (1) the trial court erred by denying his motion to suppress, (2) the trial court imposed an excessive sentence, and (3) the trial judge erred by failing to recuse himself.  We affirm the judgments of the trial court.
 

A Hamilton County Criminal Court Jury found the appellant, Tony Eric Pickett, Jr., guilty of evading arrest, a Class E felony. The trial court sentenced the appellant as a career offender to six years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting his conviction and the trial court’s failure to instruct the jury on misdemeanor evading arrest. Upon review, we affirm the judgment of the trial court.

The appellant, Edgar Ray Bettis, was convicted in the Dickson County Circuit Court of first degree premeditated murder; second degree murder; and unauthorized use of an automobile, also known as joyriding.  The trial court merged the second degree murder conviction into the first degree murder conviction and sentenced the appellant to life.  For the joyriding conviction, the trial court sentenced the appellant to eleven months, twenty-nine days to be served concurrently with the murder conviction.  On appeal, the appellant contends that the evidence is insufficient to show that he murdered the victim, that the trial court erred by allowing the forensic pathologist to testify outside the contents of the autopsy report, and that the trial court’s error resulted in the jury’s improperly seeing a photograph of the victim’s larynx.  Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

The defendant, Clyde Turner, appeals the revocation of his probation, arguing that the trial court abused its discretion by revoking his probation and ordering that he serve his original four-year sentence in the Department of Correction.  Following our review, we affirm the judgment of the trial court.

A Bledsoe County Circuit Court Jury convicted the appellant, Ray A. Tullos, of attempted second degree murder. The trial court sentenced the appellant to eleven years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s evidentiary rulings, the sufficiency of the evidence sustaining his conviction, and the sentence imposed. Upon review, we affirm the judgment of the trial court.

The Petitioner, Bradley Mitchell West, Jr., appeals as of right from the Bedford County Circuit Court’s denial of his petition for post-conviction relief.  The Petitioner contends that he received ineffective assistance of counsel because trial counsel failed to locate and interview a potential witness.  Discerning no error, we affirm the judgment of the post-conviction court.

A Carroll County jury convicted appellant, Robert Joseph Harr, of attempted sexual battery. The trial court sentenced him to eleven months, twenty-nine days in the county jail and ordered him to serve forty-five days in confinement with the balance of his sentence to be served on probation. On appeal, appellant challenges the sufficiency of the evidence to sustain his conviction, the trial court’s denial of full probation, the trial court’s discovery rulings under Tennessee Rule of Criminal Procedure 16, and the State’s denial of his application for pretrial diversion. Discerning no error, we affirm the judgment of the trial court.

The defendant, Jessica M. Myers, was indicted on one count of first degree (premeditated) murder of Jimmy Cutshall, three alternative counts of first degree (felony) murder of Jimmy Cutshall, and one count of attempt to commit first degree murder of Rhonda Cutshall. A jury found her guilty of the first four counts as charged and of the lesser-included offense of reckless endangerment on the fifth count. The trial court merged the felony murder convictions. The defendant was sentenced to life in prison for counts one and two, and she was sentenced to serve eleven months and twenty-nine days on count five, with all sentences to be served concurrently. On appeal, the defendant challenges the sufficiency of the evidence, an alleged defect in the indictment in count one, and the admission of certain post-mortem photographs as cumulative evidence at trial. Having reviewed the record, we affirm the judgments of the trial court.

A Washington County jury convicted Russell Dean Long of first degree felony murder committed during the perpetration of aggravated child abuse and first degree felony murder committed during the perpetration of aggravated child neglect. The jury convicted Jessica Renee Adkins of first degree felony murder committed during the perpetration of aggravated child neglect. The trial court merged Defendant Long’s convictions and sentenced both of the defendants to serve life in the Tennessee Department of Correction. On appeal, Defendant Long asserts that: (1) there is insufficient evidence to support his convictions; (2) the trial court allowed the introduction of inadmissible hearsay evidence through the videotaped conversation between the defendants; and (3) the trial court erred by failing to exclude an autopsy photograph of the victim. Defendant Adkins asserts that: (1) there is insufficient evidence to support her conviction; and (2) the trial court improperly overruled her objection to the State’s use of a visual aid during closing arguments. After a thorough review of the record and applicable law, we conclude there exists no error in the judgments of the trial court. Accordingly, we affirm the trial court’s judgments.