APPELLATE COURT OPINIONS

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State of Tennessee v. Richard William Phillips

E2021-01070-CCA-R3-CD

A Cocke County jury found Defendant, Richard William Phillips, guilty of aggravated statutory rape. On appeal, he contends that the trial court erroneously “set[] a one-hour deadline for the jury to continue deliberations” and gave supplemental jury instructions after the jury foreperson indicated that the jury was deadlocked. Defendant claims that the trial court’s remarks had a coercive effect on the jury’s decision-making. After a thorough review of the record, arguments of counsel, and the parties’ briefs, we affirm the judgment of the trial court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Carter Scott Moore
Cocke County Court of Criminal Appeals 12/15/22
State of Tennessee v. Kevin Dewayne Stinnett

M2021-01266-CCA-R3-CD

A Marshall County Circuit Court jury convicted the Defendant-Appellant, Kevin Dewayne Stinnett, of possession of heroin with the intent to sell or deliver, possession of .5 grams or more of cocaine with the intent to sell or deliver, simple possession of methamphetamine, simple possession of marijuana, and possession of drug paraphernalia, and the trial court imposed an effective sentence of eighteen years’ incarceration. See Tenn. Code Ann. §§ 39-17-417(a)(4), -418(a), -425(a)(1). On appeal, Stinnett argues: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred in denying his motion to continue his trial; and (3) the trial court erred in imposing partially consecutive sentences and in denying an alternative sentence. We affirm the judgments of the trial court.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge M. Wyatt Burk
Marshall County Court of Criminal Appeals 12/15/22
Joe Edward Daniels v. State of Tennessee

M2021-00113-CCA-R3-PC

Petitioner, Joe Edward Daniels, appeals as of right from the Jackson County Criminal Court’s denial of his petition for post-conviction relief, wherein he challenged his convictions for first degree premeditated murder, tampering with evidence, abuse of a corpse, and various traffic violations. On appeal, Petitioner asserts that he received ineffective assistance of counsel based on trial counsel’s failure to: (1) conduct a reasonable investigation or utilize a criminal defense investigator; (2) object when the trial court indicated it would not charge the jury with attempt; and (3) request a jury instruction on facilitation of a felony. Petitioner contends that the cumulative effect of trial counsel’s deficient performance rendered his trial fundamentally unfair and justifies the granting of a new trial. Following a thorough review, we affirm.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Brody N. Kane
Jackson County Court of Criminal Appeals 12/15/22
State of Tennessee v. Terry Lynn Nuchols

E2021-01415-CCA-R3-CD

A Blount County jury convicted Defendant, Terry Lynn Nuchols, of four counts of identity theft and one count of forgery, as alleged in four separate indictments. By agreement, all indictments were consolidated for trial. The trial court sentenced Defendant as a Range III, persistent, offender to 12 years for each of the identity theft convictions and 15 years for the forgery conviction. All sentences were aligned consecutively for an effective 63-year sentence. Defendant appeals, arguing that: 1) the trial court erred by not suppressing hearsay testimony of probation officer Holly King; 2) Defendant’s right to cross-examine witnesses pursuant to the Confrontation Clause was violated by the State’s failure to call the victim as a witness at trial; 3) the evidence was insufficient to sustain Defendant’s convictions; and 4) Defendant’s sentence was excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgments of the trial court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Tammy M. Harrington
Blount County Court of Criminal Appeals 12/15/22
State of Tennessee v. Ryan Winston

W2021-01315-CCA-R3-CD

The Defendant-Appellant, Ryan Winston, was convicted of two counts of felony murder and one count each of first-degree premeditated murder, especially aggravated robbery, and aggravated burglary. The trial court merged the murder convictions and imposed an effective sentence of life imprisonment. On appeal, the Defendant asserts that: 1) the evidence is insufficient to support the convictions; 2) the State’s late disclosure of cell phone records warranted either a continuance of the trial or the exclusion of the records; and 3) the trial court erred in failing to exclude the cell phones of the Defendant and the co-defendants and the records resulting from the extractions of the cell phones because the State failed to establish the chain of custody for the cell phones. After careful review, we affirm the judgments of the trial court.

Authoring Judge: Judge Camille R. McMullen
Originating Judge:Judge W. Mark Ward
Shelby County Court of Criminal Appeals 12/14/22
In Re Tennessee Bond Company

M2021-01423-CCA-R3-CD

Pursuant to Tennessee Code Annotated section 40-11-125, the Dickson County Circuit Court suspended Tennessee Bonding Company as a company authorized to write bail bonds in the Twenty-Third Judicial District. The trial court found that the company had not paid a final forfeiture and had made and filed semi-annual reports containing false statements. On appeal, Tennessee Bonding Company challenges these rulings. We respectfully affirm the judgment of the trial court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge David D. Wolfe
Dickson County Court of Criminal Appeals 12/13/22
Nathan G. Fleming v. State of Tennessee

E2021-00928-CCA-R3-PC

The Petitioner, Nathan G. Flemming, appeals from the Knox County Criminal Court’s denial of his petition for post-conviction relief from his convictions for attempted first degree murder, especially aggravated robbery, aggravated robbery, employing a firearm during the commission of a dangerous felony, carjacking, and employing a firearm during the commission of carjacking, for which he is serving an effective sixty-eight-year sentence.1 On appeal, the Petitioner contends that: (1) the post-conviction court erred in applying an incorrect legal standard to deny relief on the Petitioner’s ineffective assistance of counsel claim, and (2) the Petitioner is entitled to relief under the cumulative errors doctrine. We affirm the judgment of the post-conviction court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Kyle A. Hixson
Knox County Court of Criminal Appeals 12/13/22
State of Tennessee v. Edward Barber

W2022-00040-CCA-R3-CD

A Shelby County jury convicted the Defendant, Edward Barber, of rape of a child and the trial court imposed a twenty-eight year sentence. On appeal, the Defendant contends that the evidence is insufficient to support his conviction. After review, we affirm the trial court’s judgment.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals 12/13/22
State of Tennessee v. Bobby Hansard

E2021-01380-CCA-R3-CD

Following a Knox County jury trial, Defendant, Bobby Hansard, was convicted of one count of first degree murder, three counts of attempted first degree murder, and one count of unlawful possession of a firearm. On appeal, Defendant alleges that the trial court improperly limited defense counsel’s opening statement after counsel referenced various prior bad acts of one of the victims, and that the trial court abused its discretion in denying his motion for a mistrial and his motion for a judgment of acquittal. After a thorough review, we affirm the judgments of the trial court.

Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 12/12/22
State of Tennessee v. Joshua Beadle

W2022-00171-CCA-R3-CD

The Defendant, Joshua Beadle, was convicted by a Shelby County Criminal Court jury of aggravated rape. The trial court sentenced him to serve twenty-five years and to community supervision for life. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals 12/09/22
Newt Carter v. State of Tennessee

W2022-00474-CCA-R3-PC

In 2008, a Madison County jury convicted the Petitioner, Newt Carter, of aggravated rape and aggravated burglary. The trial court imposed an effective sentence of twenty-five years. Multiple filings ensued, the last of which was a motion to reopen post-conviction proceedings. The trial court held a hearing and denied relief. On appeal, the Petitioner contends that his motion to reopen should have been granted based on newly discovered evidence that he received the ineffective assistance of counsel. After review, we dismiss the appeal.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Roy B. Morgan, Jr.
Madison County Court of Criminal Appeals 12/09/22
State of Tennessee v. Elijah Garrison

W2021-01064-CCA-R3-CD

The Defendant, Elijah Garrison, was convicted by a Madison County Circuit Court jury of first degree murder and unlawful possession of a firearm. T.C.A. §§ 39-13-202 (2018) (first degree murder); 39-17-1307(b)(1)(A) (2018) (unlawful carrying or possession of a weapon). The trial court imposed an effective sentence of life plus ten years’ confinement. On appeal, the Defendant contends that the evidence is insufficient to support his first degree murder conviction because it was based on the uncorroborated testimony of accomplices. We affirm the judgments of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Roy B. Morgan
Shelby County Court of Criminal Appeals 12/08/22
State of Tennessee v. Jamarcus Dequan Murdock

W2021-01529-CCA-R3-CD

Jamarcus Dequan Murdock, Defendant, was convicted in a jury trial of two counts of aggravated robbery. He also pled guilty to separate charges of robbery and aggravated robbery. The trial court imposed ten-year sentences for each aggravated robbery conviction and a six-year sentence for the robbery conviction. The trial court ordered that the sentences for two of the aggravated robbery convictions run consecutively to each other and concurrently to the sentences for the remaining convictions for an effective twentyyear sentence. On direct appeal, this court held that the trial court failed to make the requisite findings to support consecutive sentences based upon the dangerous offender category and remanded the case to the trial court. See State v. Jamarcus Dequan Murdock, No. W2020-00244-CCA-R3-CD, 2021 WL 1423125, at *1 (Tenn. Crim. App. Apr. 15, 2021). On remand, the trial court again imposed partial consecutive sentences. Defendant asserts that the trial court again erred in imposing partial consecutive sentences. Discerning no error, we affirm the judgments of the trial court.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge J. Weber McCraw
Hardeman County Court of Criminal Appeals 12/07/22
Timothy Allen Johnson v. State of Tennessee

M2022-00037-CCA-R3-PC

Petitioner, Timothy Allen Johnson, appeals the denial of his post-conviction petition, arguing that the post-conviction court erred in finding that he received the effective assistance of counsel at trial. 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 Cheryl Blackburn
Davidson County Court of Criminal Appeals 12/07/22
State of Tennessee v. Kevin Owens

W2022-00353-CCA-R3-CD

The Defendant, Kevin Owens, was convicted by a Shelby County jury of attempted first degree murder, a class A felony, and employing a firearm during the commission of a dangerous felony, a class C felony. See Tenn. Code Ann. §§ 39-12-101(a)(2), 39-13- 202(a)(1), 39-17-1324(b)(1). On appeal, the Defendant argues that the evidence is insufficient to support his convictions. Specifically, he contends that the State’s evidence was inadequate to establish his identity as the perpetrator beyond a reasonable doubt. After review, we affirm the judgments of the trial court.

Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Chris Craft
Shelby County Court of Criminal Appeals 12/07/22
State of Tennessee v. Tony Lee Light

E2022-00402-CCA-R3-CD

The Defendant, Tony Lee Light, was convicted in the Blount County Circuit Court of first degree felony murder committed during the perpetration of aggravated child abuse and second degree murder. The trial court merged the conviction of second degree murder into the conviction of first degree murder, and the jury chose to sentence him to life without parole. On appeal, the Defendant claims that the evidence is insufficient to support the convictions and that the trial court committed reversible error by allowing the State to impeach his character. Based on our review, we affirm the judgments of the trial court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge David R. Duggan
Blount County Court of Criminal Appeals 12/06/22
Raymond Watison v. State of Tennessee

W2022-00069-CCA-R3-PC

The Petitioner, Raymond Watison, appeals from the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction for first degree premeditated murder. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received the ineffective assistance of trial counsel. The Petitioner argues that counsel was ineffective by (1) failing to keep out hearsay evidence at the suppression hearing regarding how the Petitioner was established as the suspect, (2) insufficiently challenging the probable cause determination in this case, (3) not calling necessary witnesses at the suppression hearing, and (4) failing to make contemporaneous objections at the trial. Additionally, the Petitioner argues that the post-conviction court erred by entering a written order that contained no findings of fact or conclusions of law. We reverse the post-conviction court’s judgment and remand the case for further proceedings consistent with this opinion.

Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge James M. Lammey
Shelby County Court of Criminal Appeals 12/06/22
State of Tennessee v. Roberto Digma

E2022-00309-CCA-R3-CD

The defendant, Roberto Digma, appeals the Knox County Criminal Court’s order revoking his probation and ordering him to serve the balance of his eight-year sentence for possession of .5 grams or more of methamphetamine with the intent to sell or deliver in confinement. Discerning no error, we affirm.

Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Kyle A. Hixson
Knox County Court of Criminal Appeals 12/05/22
State of Tennessee v. Gary Wood

E2021-01536-CCA-R3-CD

The defendant, Gary Wood, appeals his Knox County Criminal Court jury conviction of theft of property valued at $2,500 or more but less than $10,000, arguing that the evidence was insufficient to support his conviction. Discerning no error, we affirm.

 

Authoring Judge: Judge James Curwood Witt
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 12/05/22
State of Tennessee v. Sterling White

E2022-00279-CCA-R3-CD

The Defendant, Sterling White, was convicted by a Knox County Criminal Court jury of two counts of unlawful possession of a firearm, a Class B felony; unlawful possession of a handgun, a Class E felony; and simple possession of cocaine, a Class A misdemeanor. After merging the unlawful possession of a handgun/firearm counts into a single conviction of unlawful possession of a firearm having been previously convicted of a crime involving violence, the trial court sentenced the Defendant as a Range II, multiple offender to concurrent terms of twelve years for the firearm conviction and eleven months, twenty-nine days for the cocaine conviction, for a total effective sentence of twelve years in the Department of Correction, to be served consecutively to the Defendant’s sentence in a case for which the Defendant was on bond at the time of the instant offenses. The sole issue the Defendant raises on appeal is whether the evidence is sufficient to sustain his convictions. Based on our review, we affirm the judgments of the trial court.

Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Steven Wayne Sword
Knox County Court of Criminal Appeals 12/05/22
Andre Bowen v. State of Tennessee

W2022-00229-CCA-R3-ECN

Andre Bowen, Petitioner, claims that the trial court erred by summarily dismissing his Petition for Writ of Error Coram Nobis. Discerning no error, we affirm the dismissal.

Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Lee V. Coffee
Shelby County Court of Criminal Appeals 12/05/22
State of Tennessee v. Jacob Sarkissian

E2022-00059-CCA-R3-CD

The Defendant, Jacob Sarkissian, appeals the trial court’s revocation of his three-year probationary sentence for aggravated assault. The trial court revoked the Defendant’s probation after determining that he materially violated his probation sentence by testing positive for marijuana, methamphetamine, and amphetamine, and by having contact with the victim. The Defendant asserts that the trial court’s revocation of his probation sentence was an abuse of discretion because the trial court improperly relied on allegations of physical abuse that were not alleged in the probation violation warrant. The record supports the trial court’s finding that the Defendant violated the terms of his probation sentence and the trial court’s decision that the Defendant must serve his sentence in prison. We conclude that no abuse of discretion occurred and affirm the trial court’s judgment.

Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Scott Green
Knox County Court of Criminal Appeals 12/02/22
State of Tennessee v. Adam O'Brian McDaniel

E2021-00565-CCA-R3-CD

The Defendant, Adam O’Brian McDaniel, was convicted by a Monroe County Criminal Court jury of three counts of rape of a child, a Class A felony, for which he received concurrent twenty-eight-year sentences to be served at 100%. See T.C.A. § 39-13-522 (2018) (subsequently amended). On appeal, the Defendant contends that: (1) the trial court erred in determining that he was competent to stand trial, (2) the trial court erred in denying the motion to suppress his pretrial statement, (3) the evidence is insufficient to support his convictions, (4) the State made an improper election of offenses, (5) the trial court erred in admitting the victim’s great-grandmother’s testimony regarding her reaction to the victim’s revelation of sexual abuse, (6) the trial court erred in denying his motion for a mistrial, (7) the trial court erred in giving a jury instruction pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), rather than granting his motion to dismiss based upon the State’s loss or destruction of evidence, and (8) the State engaged in improper closing argument. We affirm the judgments of the trial court.

Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Sandra N.C. Donaghy
Monroe County Court of Criminal Appeals 11/30/22
State of Tennessee v. Gregory Sean Robinson

M2022-00248-CCA-R3-CD

Following two convictions for aggravated assault, the Defendant, Gregory Sean Robinson, was sentenced to an effective term of ten years and placed on probation. Thereafter, the Defendant absconded from supervision and committed new criminal offenses. As a consequence, the trial court revoked the suspended sentences and ordered that the Defendant serve the balance of the effective sentence in custody. On appeal, the Defendant contends the trial court abused its discretion by revoking his suspended sentences in full instead of allowing him to participate in a substance-use treatment program through a furlough. We affirm the judgment of the trial court.

Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge William R. Goodman, III
Montgomery County Court of Criminal Appeals 11/30/22
Christopher Russell v. State of Tennessee

M2022-00096-CCA-R3-PC
The Petitioner, Christopher Russell, appeals from the denial of his petition for postconviction
relief from his convictions for second degree murder and aggravated child
abuse, for which he is serving an effective twenty-five-year sentence. On appeal, he
contends that the post-conviction court erred in denying relief on his ineffective assistance
of counsel and cumulative error claims. We affirm the judgment of the post-conviction
court.
Authoring Judge: Judge Robert H. Montgomery
Originating Judge:Judge Thomas W. Graham
Marion County Court of Criminal Appeals 11/30/22