APPELLATE COURT OPINIONS

The Petitioner, Jamie P. Dennis, appeals from the denial of his petition for post-conviction relief, wherein he challenged his convictions for attempted rape of a child and attempted incest. On appeal, he argues that the post-conviction court erred in finding that the Petitioner’s trial counsel and appellate counsel provided him with effective assistance of counsel. The Petitioner bases his ineffectiveness claims on trial counsel’s failure to present a specific defense related to criminal attempt as a lesser included offense, failure to request reclassification of his prior conviction offenses to establish the appropriate sentencing range, and appellate counsel’s failure to raise the same issues on direct appeal. After review, we affirm the judgment of the post-conviction court.

James Lee Simmons, Jr., Defendant, pleaded guilty to possession of 0.5 grams or more of methamphetamine with intent to sell, possession of drug paraphernalia, violation of the registration law, and resisting arrest. Pursuant to a plea agreement, the manner of service of Defendant’s nine-year sentence was to be determined by the trial court. Following a sentencing hearing, the court ordered the sentence to be served in confinement. Defendant appeals arguing that the trial court erred in denying him probation. Discerning no error, we affirm the judgments of the trial court.

Petitioner, Eric Martell Small, appeals as of right from the Tipton County Circuit Court’s denial of his petition for post-conviction relief in which he claimed that he received ineffective assistance of counsel and that his guilty plea was coerced, involuntary, and unknowing. Following our review, we affirm.

Came the Defendant, Richard P. Nielsen, Jr., pro se, and also came the Attorney General on behalf of the State of Tennessee, and this case was heard on the record on appeal from the Criminal Court for Knox County, and up0on consideration thereof, this Court is of the opinion that there is no error in the judgment of the trial court.

The defendant, Russell Lenard, appeals the order of the trial court revoking his probation and ordering him to serve the remainder of his six-year sentence in confinement.  Upon our review of the record and the parties' briefs, we affirm the revocation and the disposition of the defendant's probation.

Following a jury trial, the Defendant, James Allen Worley, challenges his convictions and sentences for four counts of rape of a child and one count of attempted rape of a child on multiple statutory and constitutional grounds. Specifically, the Defendant contends that the trial court erred by 1) admitting the forensic interview of the child victim on the grounds of the forensic interviewer’s lack of requisite experience and improper authentication by the victim, 2) denying the Defendant’s motion to suppress his statements to law enforcement on the ground that they occurred during an impermissibly lengthy warrantless detainment, and 3) excessively sentencing the Defendant to consecutive terms on all counts. After a thorough review of the record and consideration of the parties’ arguments, we remand the case to the trial court for entry of corrected judgment forms in counts 1 through 5. In all other respects, we affirm the judgments of the trial court.

Anthony M. Standifer (“Defendant”) filed an application for judicial diversion and entered a guilty plea to Class C felony2 possession of a Schedule I controlled substance in violation of Tennessee Code Annotated section 39-17-417. On December 10, 2015, the trial court entered a probation order deferring entry of judgment pending Defendant’s successful completion of one year of supervised probation and three years of unsupervised probation. Following a June 28, 2023 probation revocation hearing, the trial court found that Defendant violated the conditions of probation. The trial court revoked probation, terminated judicial diversion, and without a sentencing hearing sentenced Defendant. The court then entered a judgment of conviction finding Defendant guilty of Class C felony “attempt poss. Sch. I controlled with intent to” and sentenced Defendant to serve three years in confinement. Upon review, we affirm the termination of judicial diversion but reverse the judgment finding Defendant guilty of attempted possession of a Schedule I controlled substance with intent to manufacture, deliver, or sell; an offense to which Defendant did not plead guilty. We remand the case to the trial court for entry of a corrected judgment finding Defendant guilty of Class A misdemeanor possession of controlled substance and for sentencing of Defendant for that offense.

A Campbell County jury convicted Defendant, Anthony Wayne Foust, of theft of property valued at $2,500 or more, and the trial court sentenced him to twelve years of incarceration to be served as a career offender at 60 percent service. On appeal, Defendant contends that (1) the State failed to disclose evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) the State failed to preserve evidence in violation State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); and (3) the trial court erred in limiting Defendant’s closing argument. Upon review, we affirm the judgment of the trial court.

Defendant, Christopher Hinson, appeals the trial court’s revocation of his probation and reinstatement of his original sentence in confinement. Defendant argues that the trial court erred when it ordered him to serve his sentence because it failed to consider any consequences other than a full revocation and placed no findings or reasons for its decision on the record. Upon review, we affirm the judgment of the trial court.

Defendant, George Cleave, was convicted by a jury of theft over $1,000, but less than $2,500, a Class E felony. Following a hearing, the trial court sentenced Defendant as a Range I offender to two years, suspended to supervised probation with credit for time served and ordered Defendant to pay $2,500 in restitution. On appeal, Defendant contends the evidence is insufficient to support his theft conviction and that the trial court abused its discretion in determining the restitution amount because it was unsupported by any proof. Upon review of the entire record, the briefs of the parties and the applicable law, we affirm Defendant’s conviction but reverse the judgment of the trial court in part and remand for a new restitution hearing consistent with this opinion.

The Davidson County Grand Jury indicted the Defendant, William Darnell Britton, for one count of first-degree premeditated murder. Thereafter, a jury convicted the Defendant of the lesser included offense of second-degree murder, and the trial court sentenced him to eighteen years at one hundred percent in the Tennessee Department of Correction. On appeal, the Defendant argues the trial court committed reversible error (1) in allowing the prosecutor to cross-examine him about his inflammatory rap lyrics and videos and (2) in its jury instructions. After review, we conclude that the trial court abused its discretion in admitting evidence of the Defendant’s rap lyrics/videos and that this error was not harmless. We also conclude that the trial court erred in failing to instruct on “first aggressor proof” in conjunction with the self-defense instruction and that this error was not harmless beyond a reasonable doubt. Accordingly, we reverse the Defendant’s conviction for second-degree murder and remand this case to the trial court for a new trial.

Defendant, Timothy Ronald Cunningham, appeals his convictions for aggravated assault with a deadly weapon, aggravated assault while under an order of protection, reckless endangerment with a deadly weapon, and domestic assault. The trial court imposed an effective sentence of ten years of confinement. On appeal, Defendant contends that the evidence is insufficient to support the convictions. After review, we affirm the judgments of the trial court.

Defendant, Luke Jackson, appeals the denial of his motion to withdraw his guilty plea to
voluntary manslaughter, for which he is serving a fifteen-year sentence as a Range III
offender. On appeal, Defendant contends that the trial court erred in denying his motion
to withdraw his guilty plea because (1) he did not fully understand the details of his plea
agreement and (2) he received the ineffective assistance of counsel. He asserts that he was
unaware that he would be sentenced outside of his range and that he entered the plea out
of fear and lack of medical treatment while incarcerated. Following our review of the entire
record and the briefs of the parties, we affirm the judgment of the trial court.

The Defendant, Keion Hayes, pleaded guilty in the Sumner County Criminal Court to voluntary manslaughter and aggravated robbery.  See T.C.A. §§ 39-13-211 (2018) (subsequently amended) (voluntary manslaughter); 39-13-402 (2018) (aggravated robbery).  The Defendant received an agreed-upon, eighteen-year sentence.  The Defendant filed a motion to withdraw his guilty pleas, which the trial court denied.  On appeal, the Defendant argues that the trial court erred by denying his motion. We affirm the judgments of the trial court. 

Defendant, Terrance K. Martin, was charged in a three-count indictment with two counts of sale of 0.5 grams or more of methamphetamine and one count of sale of 0.5 grams or more of cocaine.  A jury convicted Defendant as charged, and the trial court imposed a total effective sentence of twenty-eight years’ incarceration.  Defendant appeals his convictions, arguing that the State presented insufficient proof that he knowingly sold the drugs.  We affirm the judgments of the trial court. 

The Defendant, Rusty L. Patterson, was convicted in the Knox County Criminal Court of
theft of property valued $2,500 or more, a Class D felony. After a sentencing hearing, the
trial court sentenced him as a Range III, career offender to twelve years in confinement
with sixty percent release eligibility. On appeal, the Defendant contends that the trial court
committed plain error by refusing to instruct the jury on attempted theft, that the evidence
is insufficient to show the value of the stolen property, and that the unavailability of the
community corrections program in Knox County violated his constitutional rights at
sentencing. Based upon the oral arguments, the record, and the parties’ briefs, we affirm
the judgment of the trial court.

The Defendant, Bobby Joe Waddle, was convicted in the Washington County Criminal
Court of unlawful possession of a firearm after having been convicted of a felony crime of
violence and was sentenced as a Range III, career offender to thirty years in confinement.
On appeal, the Defendant contends that the evidence is insufficient to support his
conviction and that the trial court erred by refusing to bifurcate his trial. Based on our
review, we affirm the judgment of the trial court.

The Defendant, Ryan Reese Leath, pleaded guilty to Driving Under the Influence (“DUI”), third offense with the trial court to sentence him.  After a sentencing hearing, the trial court sentenced the Defendant to eleven months and twenty-nine days, suspended to probation after the service of six months in confinement.  The trial court ordered that the DUI sentence be served consecutively to a six-year sentence for theft of property valued over $10,000.  On appeal, the Defendant contends that the trial court erred when it ordered consecutive sentencing.  After review, we affirm the trial court’s judgment.

A Claiborne County jury convicted the Petitioner, Bobby Junior Lovin, of two counts of rape of a child. The trial court imposed an effective sentence of forty years to be served in the Tennessee Department of Correction. Thereafter, he filed for post-conviction relief, alleging that his trial lawyers were ineffective by failing to (1) advise him on the range of punishment he could receive if convicted; (2) investigate the case and present witnesses at trial; (3) advise him so he could make an informed decision regarding a guilty plea; and (4) advise him of his right to testify, which deprived him of the ability to make a knowing and voluntary decision whether to testify. The post-conviction court denied the petition, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the post-conviction court.

Defendant, Christopher Allen Keyt, was convicted by a Monroe County jury of possession
with the intent to sell or deliver 0.5 grams or more of methamphetamine (count one) and
possession of a firearm during the attempt to commit a dangerous felony (count two). The
trial court sentenced Defendant to thirteen years for count one and four years for count two,
to run consecutively. Defendant appeals, arguing that the trial court erred by denying a
motion to suppress evidence seized pursuant to a search warrant, that the evidence was
insufficient to support his convictions, that the trial court erred in qualifying a detective as
an expert in the methamphetamine trade in Monroe County, and that the trial court erred
by restricting Defendant’s questioning of the detective. Upon review of the entire record,
the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments
of the trial court.

In 2014, a Shelby County jury convicted the Petitioner, Corderro Avant, and a codefendant, of several charges against several victims of a shooting, including one count of first degree premeditated murder; one count of attempted first degree murder resulting in serious bodily injury; nine counts of attempted first degree murder; and eleven counts of employing a firearm during the commission of a dangerous felony. The trial court imposed an effective life sentence plus twenty-one years. The Petitioner appealed and this court affirmed the judgments. State v. Avant, No. W2018-01154-CCA-R3-CD, 2019 WL 3072131, at *1 (Tenn. Crim. App. 2019), perm. app. denied (Tenn. 2020). Thereafter, the Petitioner filed a petition for a writ of error coram nobis. The trial court denied the petition after a hearing on the basis that the statute of limitations had expired. On appeal, the Petitioner contends that his petition was timely and should have been granted based on newly discovered evidence. After review, we affirm the trial court’s judgment.

The Defendant, Joseph Ray Daniels, confessed to the beating death of his five-year-old son, Joseph Clyde Daniels III, and was convicted by a jury of second-degree murder, first-degree felony murder, aggravated child abuse, making a false police report, and tampering with evidence.  He subsequently received an effective sentence of life imprisonment.   In this appeal, the Defendant argues the trial court erred in denying his motion to suppress his confession (1) because the State failed to corroborate his extrajudicial confession under the modified trustworthiness standard outlined in State v. Bishop, 431 S.W.3d 22 (Tenn. 2014), and (2) because his post-polygraph video recorded statement was obtained by law enforcement through coercive interrogation techniques including an express promise of leniency.  The Defendant also argues the trial court abused its discretion in failing to exclude as hearsay utterances by the victim’s three-year-old brother, “Joe dead, Joe dead, Joe dead,” and the response of his aunt, “Yes baby, Joe dead;” and in failing to exclude as not relevant and unfairly prejudicial Facebook messages his wife exchanged with a paramour leading up to the victim’s death.  We affirm.

A Davidson County jury convicted the Defendant, Zyqiius Quade’ Barnes, of one count of second degree murder and one count of reckless aggravated assault. The trial court sentenced the Defendant to an effective sentence of seventeen years of incarceration. On appeal, the Defendant argues that the trial court erred when it included a “defense of a third person” instruction in its jury charge and when it enhanced his sentence. After review, we affirm the trial court’s judgments.

A Davidson County jury found the Defendant, Keiresha Majors, guilty of one count of second degree murder, for which she was sentenced to twenty-five years’ incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence, the admission of recordings of a Facebook Live broadcast she recorded shortly after the victim’s murder, the restriction of cross-examination of a witness, and the length of her sentence. After review, we affirm the trial court’s judgment.

Petitioner, Jason Collins, was convicted of one count of possession of .5 grams or more of methamphetamine with the intent to sell, one count of possession of .5 grams or more of methamphetamine with the intent to deliver, and one count of possession of drug paraphernalia. The trial court merged the two methamphetamine convictions and sentenced Petitioner to serve a total effective sentence of twenty years, eleven months, and twenty-nine days in confinement. This court affirmed Petitioner’s convictions and sentences on direct appeal. Petitioner then filed a petition for post-conviction relief in which he claimed ineffective assistance of counsel, and the post-conviction court denied the petition after a hearing. On appeal, Petitioner asserts that trial counsel was ineffective in failing to file a motion for new trial, in failing to seek suppression of drugs and other evidence seized from his home, and in failing to conduct a “complete and accurate” investigation of a defense witness. After review, we affirm the judgment of the postconviction court.