APPELLATE COURT OPINIONS

A Gibson County jury convicted Defendant, Eric Wayne Herndon, of violation of an order of protection and aggravated stalking. Defendant received an effective sentence of two years’ confinement. On appeal, Defendant contends that the evidence was insufficient to support his convictions for violation of an order of protection and aggravated stalking. After review, we conclude that the evidence was insufficient to sustain Defendant’s conviction for violation of an order of protection, and we reverse that judgment and dismiss that conviction accordingly. We also conclude the evidence was insufficient to sustain Defendant’s conviction for aggravated stalking, but we determine that the proof was sufficient to support the lesser-included offense of stalking, which was charged to the jury. Accordingly, we reverse Defendant’s conviction for aggravated stalking, and we remand the case to the trial court for entry of an amended judgment reflecting a conviction for stalking and for resentencing on this modified conviction.

A Rutherford County jury convicted the Defendant, Alonzo Fishback, of especially aggravated kidnapping, aggravated assault, and possession of a weapon during the commission of a felony, for which he was sentenced to a total effective sentence of seventy-five years. The Defendant appealed his convictions, and this court affirmed, and he then unsuccessfully sought post-conviction relief. The Defendant filed a motion pursuant to Tennessee Rule of Criminal Procedure 36.1, arguing that his sentence was illegal because the proven facts of his case did not meet the necessary requirements to be convicted of especially aggravated kidnapping. The trial court denied this motion, stating that the Defendant’s claim was not colorable under Rule 36.1. The Defendant maintains his argument on appeal. After review, we affirm the judgment of the trial court.

The Defendant, Bernard Strowder, pled guilty to reckless aggravated assault and possession of a firearm by a convicted felon. The parties agreed that he would be sentenced to an effective term of ten years but that the trial court would decide the manner in which the sentence would be served. After a hearing, the trial court ordered that the full sentence be served in confinement. On appeal, the Defendant challenges the denial of an alternative sentence, but the State argues that this appeal should be dismissed because his notice of appeal was untimely. Upon our review, we agree that the Defendant’s notice of appeal was untimely and that the interest of justice does not require us to waive the timely filing requirement. We respectfully dismiss the appeal.

Defendant, Caitlyn Brooke Henson, appeals from the trial court’s denial of her motion for expungement.  Defendant argues that she is entitled to expungement after her successful completion of a judicial diversion probationary period.  We agree with Defendant. Accordingly, we reverse the judgment of the trial court and remand for entry of an order of expungement pursuant to Tennessee Code Annotated section 40-35-313.

The Defendant, Eric Joseph Mathis, was sentenced to a sum of twenty years of supervised
probation. After multiple probation violations, the trial court revoked the entirety of the
Defendant’s probation and ordered him to serve the sentences in the Tennessee Department
of Correction. On appeal, the Defendant argues that the trial court abused its discretion in
ordering the revocation of his probation because (1) he had treatable substance abuse issues
and financial needs that would be better addressed outside of prison and (2) the trial court
based its orders on the Defendant’s failure to pay restitution without conducting an
ability-to-pay hearing. For the following reasons, we affirm the judgments of the trial
court.

The Petitioner, Alexandre Kim, was charged with first degree murder for the October 2012 death of his mother, Estelle Kim. Following a bench trial in 2014, he was found not guilty by reason of insanity and was involuntarily committed to a mental health facility. In 2017, the Petitioner was transitioned to a Mandatory Outpatient Treatment (“MOT”) program pursuant to Tennessee Code Annotated section 33-7-303. In 2021, the Petitioner sought to terminate his MOT by filing a petition in the trial court. After several hearings on the matter, the trial court denied his petition based, in large part, on the Petitioner’s request to move out of state. The Petitioner now appeals from this denial arguing he meets all requirements for termination. After review, we affirm the judgment of the trial court.

The Scott County Grand Jury indicted the Defendant, Brandon Cody Phillips, and his
Codefendant, Amanda Jean Phillips, on one count of aggravated assault, two counts of
especially aggravated kidnapping, two counts of aggravated child neglect, and one count
of carjacking. Prior to trial, the Defendant filed a motion to sever his trial from his
Codefendant’s trial, which the trial court denied. At trial, the trial court dismissed the
Defendant’s carjacking count, and the jury convicted the Defendant on the remaining five
counts. Following the sentencing hearing, the trial court imposed an effective twenty-fiveyear
sentence for the Defendant’s convictions. On appeal, the Defendant argues: (1) the
evidence is insufficient to sustain his convictions; (2) the trial court denied his right to an
impartial jury; (3) the trial court denied his right to a unanimous verdict; (4) the trial court
improperly conducted a “closed-door” severance hearing without the Defendant’s
presence; (5) the trial court failed to comply with the rules of criminal procedure during
this severance hearing; and (6) the trial court improperly denied his severance motion.
After review, we affirm the judgments of the trial court.

The defendant, Alec Byron Harrison, pled guilty to aggravated statutory rape. After a sentencing hearing, the trial court ordered the defendant to serve a three-year sentence in confinement with the Tennessee Department of Correction. On appeal, the defendant contends the trial court erred in sentencing the defendant to confinement. Upon our review of the applicable law, the record on appeal, and the parties’ briefs, we affirm the trial court’s decision.

Matthew Cole Welch, Defendant, was indicted for first degree murder and aggravated assault. After a jury trial, Defendant was found guilty of the lesser included offense of second degree murder and not guilty of aggravated assault. The trial court denied a motion for new trial and Defendant appealed, arguing that the evidence was not sufficient to support the conviction for second degree murder and that the trial court erred by refusing to charge the jury with a self-defense instruction. After a review, we conclude that the evidence was sufficient to sustain the conviction for second degree murder and that Defendant was not entitled to a self-defense instruction where the proof established that Defendant had a duty to retreat and failed to do so. The judgment of the trial court is affirmed.

The defendant, Crystal Lee Martin, appeals the order of the trial court revoking her probation and ordering her to serve her original six-year sentence in confinement. Upon our review of the record, the parties’ briefs, and the applicable law, we affirm revocation of the defendant’s probation but reverse the trial court’s imposition of the original sentence and remand for the trial court to make findings concerning the consequence imposed for the revocation in accordance with State v. Dagnan, 641 S.W.3d 751, 753 (Tenn. 2022).

The petitioner, Joe G. Manley, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received the effective assistance of counsel. After our review of the record, briefs, and applicable law, we affirm the denial of the petition.

Petitioner, Darius Mack, appeals the Shelby County Criminal Court’s summary dismissal of his post-conviction petition. He argues that the post-conviction court erred in dismissing his petition without first appointing counsel because his petition presented a colorable claim for relief and the issues were not previously determined. Upon review of the entire record, the briefs of the parties, and the applicable law, we conclude that the trial court erred in dismissing the petition as it stated a colorable claim and warranted the appointment of counsel. Thus, we reverse the order of summary dismissal and remand the case for further proceedings pursuant to the Post-Conviction Procedure Act.

Tennessee Bonding Company (“Tennessee Bonding”) claims that the trial court erred by temporarily suspending its bonding authority for thirty days and then restricting its bonding authority for a period of one year for violating local bail bonding rules that required a source hearing for bonds of One Hundred Thousand Dollars ($100,000) or more. Discerning no error, we affirm.

The Defendant, John Edward Roach, was convicted by a Hardin County jury of three drug-related offenses for which he received an effective sentence of twenty years’ imprisonment. The sole issue presented for our review is whether the evidence is sufficient to support his conviction for possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. § 39-17-425 (a)(1)-(2). The Defendant argues that the State failed to establish (1) that the items seized from the search of his home constituted drug paraphernalia and (2) that the Defendant intended to use any of the seized items for an illicit purpose. Upon our review, we affirm.

Defendant, Robert King Vaughn, Jr., appeals his convictions for attempted first degree murder and aggravated rape, for which he received a total effective sentence of 120 years’ confinement. Defendant contends that: (1) the evidence presented at trial was insufficient to support his conviction for attempted first degree murder; (2) no reasonable trier of fact could find that he failed to establish the insanity defense by clear and convincing evidence; and (3) the prosecutor engaged in improper argument by misstating Tennessee law and vouching for witnesses during the State’s closing argument. Following a thorough review, we affirm the judgments of the trial court.

In 2023, the Defendant, Raymond Scott Knox, pleaded guilty to eleven counts of methamphetamine and weapons related charges, and the trial court sentenced him to an effective sentence of sixty five years of incarceration.  On appeal, the Defendant asserts that the trial court erred when it sentenced him.  After review, we affirm the trial court's judgments.

The Petitioner, Timothy A. Baxter, appeals from the habeas corpus court’s summary denial
of his petition for writ of habeas corpus. On appeal, the Petitioner contends that the habeas
corpus court erred by failing to conduct a hearing on the merits of the allegations raised in
his petition, and in a related argument, by failing to order the trial court to award additional
pretrial jail credits on the underlying conviction. We affirm the judgment of the habeas
corpus court.

The defendant, William Read, appeals the order of the trial court revoking his probation and ordering him to serve the remainder of his eleven-year and six-month sentence in confinement.  Upon our review of the record and the parties’ briefs, we dismiss the appeal as untimely. 

The petitioner, Jaquarious D. Carpenter, appeals the denial of his petition for post-conviction relief, arguing the post-conviction court erred in finding he received the effective assistance of counsel. Following our review, we affirm the denial of the petition.

A Madison County jury convicted the defendant, Terrion Avantae Jones, of one count of possession of marijuana with intent to sell, one count of possession of marijuana with intent to deliver, two counts of possession of a firearm during the commission of a dangerous felony, and possession of drug paraphernalia, for which he received an effective sentence of four years to be served as three years in confinement at 100% with the remainder to be served on supervised probation. On appeal, the defendant argues the trial court erred in denying his motion to suppress. He also contends the evidence presented at trial was insufficient to support his convictions. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Defendant, Darrell Scott Wallis, was indicted by a Maury County Grand Jury on three counts of automobile burglary. Pursuant to a plea agreement, he pled guilty to one count of automobile burglary to receive a Range II sentence at thirty-five percent with the trial court to determine the length of sentence and manner of service. The trial court sentenced Defendant to serve three years and six months, suspended to probation after service of twelve months of incarceration. Defendant appeals, arguing that the trial court abused its discretion by ordering the split confinement sentence. Following our review of the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court.

Defendant, Kevin Harris, appeals his Cheatham County convictions for aggravated sexual battery and rape of a child. He contends on appeal that: (1) the trial court erred in admitting the victim’s forensic interview; (2) the evidence was insufficient to establish penetration; and (3) the prosecutor committed multiple instances of improper argument during closing by (a) commenting on Defendant’s failure to testify and (b) vouching for the victim’s credibility. After review, we affirm the judgments of the trial court.

A Decatur County jury convicted the Petitioner, Brendan Nathan Morgan, of aggravated sexual battery, and the trial court sentenced him to a term of ten years imprisonment. Thereafter, he filed a petition for post-conviction relief, asserting that he was denied the effective assistance of counsel at his trial. In relevant part, the Petitioner alleged that his trial counsel failed to conduct an adequate investigation, failed to adequately communicate with him, and failed to review the pretrial discovery with him before trial. After holding a hearing, the post-conviction court denied relief, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

A Shelby County jury convicted Defendant, Mitchell Hopkins, of attempted first degree murder, aggravated assault while acting in concert with two or more people, reckless endangerment by discharging a firearm into an occupied habitation, and the employment of a firearm during the commission of a dangerous felony. The trial court imposed an effective twenty-one-year sentence. On appeal, Defendant contends that (1) the evidence is insufficient to support his convictions; (2) the trial court erred in denying his motions for a severance and for a mistrial and in admitting statements from a non-testifying codefendant; and (3) the trial court erred in admitting a video compilation. Upon review, we affirm the judgments of the trial court.

Petitioner, Milburn L. Edwards, appeals the Shelby County Criminal Court’s summary dismissal of his third petition for post-conviction relief because it was time-barred. Following our review of the entire record, the briefs, and the applicable law, we affirm the judgment of the post-conviction court.