APPELLATE COURT OPINIONS

The defendant, Matthew Peter McDonnell, appeals the Knox County Criminal Court’s
order revoking his probation and requiring him to serve the balance of his four-year
sentence for aggravated assault and vandalism of property valued at more than $1,000 but
less than $2,500. Discerning no error, we affirm.

The Petitioner, Joseph Langlinais, appeals from the denial of his petition seeking postconviction
relief from his convictions of rape of a child, aggravated sexual battery, and
attempted rape of a child, for which he received an effective sentence of twenty-eight years
in prison. State v. Joseph Langlinais, No. W2016-01686-CCA-R3-CD, 2018 WL 1151951
(Tenn. Crim. App. Mar. 2, 2018), perm. app. denied (Tenn. July 19, 2018). In this appeal,
the Petitioner argues (1) that the post-conviction court deprived this court of meaningful
appellate review because it failed to consider certain issues as raised in his petition and
failed to provide sufficient findings of fact in its order denying relief; (2) that the Petitioner
was deprived of his Sixth Amendment right to the effective assistance of counsel under
United States v. Cronic, 466 U.S. 648, 658, 104 S. Ct. 2039 (1984), or alternatively,
Strickland v. Washington, 466 U.S. 668, 687, 104 S. Ct. 2052 (1984); (3) that trial counsel
was ineffective based on eighteen separate grounds; and (4) that the cumulative effect of
trial counsel’s deficiencies entitles him to relief. After a thorough review of the record, we
conclude that the aggregate effect of trial counsel’s deficiencies requires a new trial.
Accordingly, we reverse the order of the post-conviction court, vacate the Petitioner’s
convictions, and remand for a new trial.

After pleading guilty to burglary and theft of property valued at over $10,000, Jeffrey Glenn McCoy, Petitioner, was sentenced by the trial court to an effective sentence of 12 years as a Range III offender to be served consecutively to a sentence from South Carolina. His sentences were affirmed on direct appeal. See State v. Jeffrey Glynn1 McCoy, No. W2016-01619-CCA-R3-CD, 2017 WL 6507232, at *1 (Tenn. Crim. App. Dec. 19, 2017), perm. app. denied (Tenn. Apr. 23, 2018) (“McCoy I”). Petitioner filed a pro se petition for post-conviction relief that was dismissed as untimely. On appeal, the State conceded error and this Court remanded for appointment of counsel and further proceedings. See Jeffrey McCoy v. State, No. W2019-00574-CCA-R3-PC, 2020 WL 1227304, at *1 (Tenn. Crim. App. Mar. 11, 2020) (“McCoy II”). On remand, the post-conviction court appointed counsel and an amended petition was filed. Petitioner alleged that trial counsel failed to inform him of his potential sentence, failed to litigate a motion to suppress, failed to present evidence that Petitioner was under the influence of methamphetamine, and failed to present evidence that Petitioner was not the leader in the commission of the offense. The postconviction court denied relief after a hearing, finding that there was no proof Petitioner’s plea was coerced or that any of trial counsel’s actions were deficient. We affirm the judgment of the post-conviction court.

A Knox County jury found the Petitioner, Billy Hill, guilty of second degree murder. He
later filed a petition for post-conviction relief alleging that his trial counsel was ineffective
by advising him not to testify at trial. The post-conviction court denied relief, finding that
trial counsel’s advice was based on a sound strategy developed after thoroughly
investigating the case. On appeal, we respectfully affirm the judgment of the postconviction
court.

After the Petitioner, Karen R. Howell, pled guilty to three counts of first degree felony murder and one count of attempted first degree murder, the trial court sentenced her to serve three consecutive sentences of life without the possibility of parole plus twenty-five years. Subsequently, she filed a petition under the Post-Conviction Fingerprint Analysis Act of 2021 seeking an analysis of the original murder weapons. The post-conviction court summarily dismissed the petition, finding there was no reasonable probability that a fingerprint analysis would result in a more favorable sentence. Upon review, we respectfully affirm the judgment of the post-conviction court.

Petitioner, Donald Ray Pennington, Jr.,appeals as of right from the Bradley County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for rape of a child and aggravated sexual battery for which he received an effective forty-year sentence. On appeal, Petitioner asserts that he received ineffective assistance of counsel based upon trial counsel’s failure to (1) provide Petitioner with the discovery materials until after trial; (2) investigate the victim’s school records; and(3)call two witnesses to impeach the credibility of the victim’s mother. Following our review, we affirm.

The Defendant, Kelli M. Cates, pleaded guilty to driving under the influence(“DUI”) after the trial court denied her motion to suppress. As a part of her plea agreement, she sought to reserve five certified questions of law for appeal challenging the legality of the traffic stop leading to her arrest. However, following our review, we conclude that the certified questions are not dispositive of the case and do not clearly identify the scope and limits of the legal issues reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A). Accordingly, we are without jurisdiction to consider the appeal, and the case is dismissed.

The Defendant, Kenneth Benard Hudspeth, was convicted by a Montgomery County Circuit Court jury of first degree felony murder, second degree murder, and two counts of aggravated rape. See T.C.A. §§ 39-13-202(2) (Supp. 1998) (subsequently amended) (felony murder in perpetration of rape); 39-13-210 (1997) (subsequently amended) (second degree murder); and 39-13-205 (1997) (subsequently amended) (aggravated rape). After the appropriate merger, the trial court sentenced the Defendant to life imprisonment plus twenty years. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by denying his motion to suppress his police statement, and (3) the court erred by ordering consecutive service of his sentences. We affirm the judgments of the trial court.

Lonell Montez Hartshaw, Defendant, appeals the manner of service of his sentences and
fines imposed by the trial court after he entered guilty pleas to felony evading arrest, driving
under the influence (“DUI”) (second offense), simple possession of a controlled substance,
driving on a revoked license (second offense), speeding, violation of the registration law,
and violation of the window tint law. Because the trial court did not abuse its discretion,
we affirm the judgments of the trial court.

The defendant, Eric Williams, appeals his Shelby County Criminal Court jury convictions
of aggravated assault and assault, arguing that the evidence was insufficient to support his
convictions and that the trial court erred by classifying him as a Range II, multiple offender.
Discerning no error, we affirm.

The Defendant, Jarrett Michael Tolley, pleaded guilty to multiple theft- and fraud-related
charges in the Washington County Criminal Court, for which she received a sentence of
seven years' incarceration suspended to fifteen years on community corrections. The
sentence was ordered to be served consecutively to a sentence of two years' incarceration
imposed in an unrelated case in Carter County, which resulted in a sentence of six years on
community corrections, for an effective sentence of twenty-one years to be served on
community corrections. The Defendant filed a motion to correct an illegal sentence
pursuant to Tennessee Rule of Criminal Procedure 36.1, which the trial court denied. On
appeal, the Defendant contends that the trial court erred in denying relief. We affirm the
judgment of the trial court.

The Defendant, Demetrice Livingston, was convicted by a Dyer County Circuit Court jury
of second degree murder and was sentenced by the trial court as a Range I offender to
twenty years at 100% in the Department of Correction, to be served consecutively to his
sentence in a drug case for which he had been sentenced to probation. The Defendant
raises three issues on appeal: (1) whether the evidence was sufficient to sustain his
conviction; (2) whether the trial court imposed an excessive sentence; and (3) whether the
State made an improper closing argument by referencing facts not in evidence and making
a comment that impermissibly bolstered the testimony of a State’s witness. Based on our
review, we affirm the judgment of the trial court but remand for the trial court to enter an
amended judgment imposing a concurrent sentence.

The Defendant, Donnie Marquis Tharpe, appeals from the Knox County Criminal Court’s
probation revocation of the five-year, split-confinement sentence he received for his guiltypleaded
convictions for aggravated assault and evading arrest. On appeal, the Defendant
contends that the trial court abused its discretion by denying his request for a continuance
and by revoking his probation and ordering him to serve the remainder of his sentence in
confinement. We affirm the judgment of the trial court.

A Knox County jury convicted the Defendant, Jeremy Jerome Hardison, of first degree
premeditated murder. The Defendant appeals, contending that (1) the trial court erred by
denying the Defendant’s motion to recuse the trial judge; (2) the trial court erred by denying
the Defendant’s motion to suppress evidence obtained from the execution of a search
warrant on his residence; (3) the trial court unconstitutionally limited the Defendant’s
ability to cross-examine a witness; (4) the trial court erred by admitting expert ballistics
testimony at trial; and (5) the evidence was insufficient to prove the Defendant’s identity
as the perpetrator. After review, we affirm the judgment of the trial court.

Jeffrey George Tulley, Defendant, pleaded guilty to three counts of sale of 0.5 grams or more of methamphetamine, three counts of delivery of 0.5 grams or more of methamphetamine, and four counts of possession of a firearm during the commission of a dangerous felony. At sentencing, the trial court imposed three concurrent sentences of eleven years on the drug counts and a consecutive four-year sentence for the firearm counts, as a Range I offender, in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court imposed an excessive sentence. Following our review of the entire record and the parties’ briefs, we affirm the judgments of the trial court.

The Defendant-Appellant, Eula Beasley, entered a guilty plea in the Davidson County Criminal Court to aggravated robbery (count one) and possession of a firearm with a prior conviction for a crime of violence (count two), for which he received an eight-year sentence for each count with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered these sentences to be served consecutively, for an effective sentence of sixteen years in the Tennessee Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in imposing consecutive sentences. Upon our review, we affirm the judgments of the trial court.

Defendant, Darrin Walker, was indicted by a Shelby County Grand Jury for two counts of
first degree murder. After a jury trial, Defendant was found guilty as charged and
sentenced to concurrent life sentences. Defendant appeals, challenging the sufficiency of
the evidence. Because the evidence was sufficient to support the convictions, we affirm
the judgments of the trial court.

The Defendant, Danny Lynn Collier, appeals the Sullivan County Criminal Court’s
ordering him to serve a four-year sentence in confinement after revoking his probation,
arguing that the trial court should have elected to place him back on supervised probation.
Based on our review, we affirm the judgment of the trial court.

A Jefferson County jury convicted the defendant, William David Phillips, of four counts
of reckless homicide, one count of reckless endangerment, and one count of felony reckless
endangerment, for which he received an effective sentence of fourteen years, eleven
months, and twenty-nine days in confinement. On appeal, the defendant contends the trial
court erred in imposing an excessive sentence, denying probation, and imposing
consecutive sentences. After reviewing the record and considering the applicable law, we
affirm the judgments of the trial court. However, we remand the case for a corrected
judgment form in count three.

The defendant, Luther Ray Mabe, Jr., appeals his Hawkins County Criminal Court jury
convictions of aggravated robbery and theft of property valued at more than $1,000, for
which he received an effective sentence of 10 years’ incarceration. On appeal, the
defendant challenges the sufficiency of the evidence supporting his aggravated robbery
conviction and argues that his sentence is excessive. We affirm the judgments of the trial
court but remand for entry of a corrected judgment reflecting the correct grade of theft for
which the defendant was convicted and merging the theft conviction into the aggravated
robbery conviction.

I fully concur with my respected colleagues’ reasoning and judgment as it relates to
the Defendant’s sentencing issue. Regarding the Defendant’s sufficiency challenge,
however, I respectfully disagree with the majority’s contention that the facts at trial do not
support the State’s theory on appeal regarding when the shotgun was taken. Specifically,
I believe that the facts at trial, when viewed in the light most favorable to the State,
demonstrate that the Defendant had not completed the taking of the shotgun at the time that
the Defendant and the victim struggled over control of the rifle.

Following a bench trial, Shanynthia Gardner (“Defendant”) was convicted of four counts
each of first degree premeditated murder, first degree felony murder in perpetration of
aggravated child abuse, first degree felony murder in perpetration of aggravated child
neglect, aggravated child abuse, and aggravated child neglect, for which she received an
effective sentence of life. In this direct appeal, Defendant contends that: (1) the trial court
used an incorrect legal standard in determining that she failed to carry her burden of
establishing her insanity at the time of the offenses; (2) the evidence is insufficient to
support her convictions; and (3) the trial court erred when it denied Defendant’s request to
make an offer of proof of the entirety of a witness’s audio recorded statement to police.
Following a thorough review, we affirm the judgments of the trial court.

A Madison County jury convicted the Petitioner, Jamauri Ransom, of aggravated robbery
and first degree felony murder. The Petitioner appealed, claiming insufficient evidence,
and this court affirmed the Petitioner’s conviction. State v. Jamauri Ransom, No. W2019-
02319-CCA-R3-CD, 2021 WL 1310877, at *1 (Tenn. Crim. App., April 8, 2021), perm.
app. denied (Tenn. July 12, 2021). The Petitioner timely filed a post-conviction petition,
alleging that he received the ineffective assistance of counsel because trial counsel failed
to move for a mistrial based upon alleged juror misconduct. After a hearing, the postconviction
court denied relief. After review, we affirm the post-conviction court’s
judgment.