State of Tennessee v. Gary Allen Jordan, Jr.
W2024-00462-CCA-R3-CD
A Madison County jury convicted Defendant, Gary Allen Jordan, Jr., of fifty-five offenses, including charges of possession of methamphetamine with intent to sell or deliver, possession of cocaine with intent to sell or deliver, possession of heroin with intent to sell or deliver, possession of fentanyl with intent to sell or deliver, possession of marijuana with intent to sell or deliver, possession of a firearm by a convicted felon and possession of a firearm during the commission of a dangerous felony. The trial court imposed an effective sentence of sixty-six years’ confinement. On appeal, Defendant contends that the trial court erred in denying his motion to suppress evidence seized during the search of his vehicle and that the evidence was insufficient to support his convictions related to the possession of cocaine and marijuana and the possession of a firearm. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 02/06/25 | |
State of Tennessee v. Robert David Morse
E2024-00580-CCA-R3-CD
A Cumberland County jury convicted the Defendant, Robert David Morse, of first degree premeditated murder, and the trial court sentenced him to life in prison. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court committed two evidentiary errors: (1) admitting multiple autopsy photographs depicting the victim's body; and (2) limiting his cross-examination of Agent Davenport about the Defendant's statement to the police. After review, we affirm the trial court's judgment.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Gary S. McKenzie |
Court of Criminal Appeals | 02/05/25 | ||
State of Tennessee v. Paul Michael Cheairs
W2024-00312-CCA-R3-CD
Defendant, Paul Michael Cheairs, was convicted by a Madison County jury of two counts of possession of marijuana with intent to sell and or deliver, two counts of possession of drug paraphernalia, one count of misdemeanor unlawful possession of a firearm, and one count of possession of a firearm by a convicted felon. The trial court imposed an effective sentence of seventeen years. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court erred in admitting a rap video made after the arrest, by allowing expert testimony from a lieutenant, and in sentencing. Upon our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 02/05/25 | |
State of Tennessee v. David Kaiser
E2024-00606-CCA-R3-CD
The Defendant, David Kaiser, appeals from his guilty pleaded convictions for two counts
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 02/04/25 | |
Torsaunt Lamont Shanklin v. State of Tennessee
M2024-00604-CCA-R3-PC
After being convicted by a jury of multiple drug charges, possession of a firearm during the commission of or attempt to commit a dangerous felony, and three alternative counts of possession of a firearm by a convicted felon, Torsaunt Lamont Shanklin, Petitioner, was sentenced to an effective sentence of thirty-five years in incarceration. His direct appeal challenging the denial of a motion to suppress was unsuccessful. State v. Shanklin, No. M2019-01896-CCA-R3-CD, 2021 WL 1082043, at *1 (Tenn. Crim. App. Mar. 22, 2021), perm. app. denied (Tenn. May 12, 2021). Petitioner sought post-conviction relief primarily based on ineffective assistance of counsel. After a hearing, the post-conviction court denied relief. We affirm the judgment of the post-conviction court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge William R. Goodman, III |
Montgomery County | Court of Criminal Appeals | 02/04/25 | |
State of Tennessee v. Tony Stafford
W2024-00637-CCA-R3-CD
Defendant, Tony Stafford, was convicted by a Shelby County jury of aggravated rape. The trial court sentenced Defendant as a Range I offender to twenty-five years. On appeal, Defendant claims that the State’s pre-indictment delay constituted a due process violation and that the evidence was insufficient to support his conviction. Defendant filed a motion requesting waiver of his untimely notice of appeal; however, he failed to file a timely motion for new trial before the trial court. We elect to waive the untimely notice of appeal in the interest of justice. However, because Defendant’s motion for new trial was not timely filed, we address only Defendant’s challenge to the sufficiency of the evidence. Upon review of the record, legal authority, and the parties’ briefs, we affirm the judgment of the trial court.
Authoring Judge: Judge Jill Bartee Ayers
Originating Judge:Judge Jennifer Fitzgerald |
Shelby County | Court of Criminal Appeals | 02/04/25 | |
State of Tennessee v. Michael Richard Penley
E2024-00793-CCA-R3-CD
The Defendant, Michael Richard Penley, appeals from the Hamilton County Criminal
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Amanda B. Dunn |
Hamilton County | Court of Criminal Appeals | 02/04/25 | |
State of Tennessee v. Edwin Reeves
E2024-01052-CCA-R3-CD
The Defendant, Edwin Reeves, was convicted by a Knox County Criminal Court jury of
Authoring Judge: Judge Robert H. Montgomery, Jr.
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 02/04/25 | |
State of Tennessee v. Grover Beverly
E2024-00484-CCA-R3-CD
The Defendant, Grover Beverly, was convicted by a Sevier County jury of two counts of rape of a child, for which he received an effective sentence of eighty years' incarceration. On appeal, the Defendant challenges the sufficiency of the convicting evidence. Following our review of the record, we affirm the judgments of the trial court.
Authoring Judge: Special Judge D. Kelly Thomas, Jr.
Originating Judge:Judge James L. Gass |
Court of Criminal Appeals | 02/03/25 | ||
Donald K. Moore, Jr. v. State of Tennessee
M2024-00547-CCA-R3-PC
Petitioner, Donald K. Moore, Jr., appeals the summary dismissal of his petitions seeking post-conviction relief from his 1996 convictions for first degree murder and especially aggravated robbery in case number 96-C-1428 and second degree murder in case number 96-C-1423, for which he was sentenced to life, twenty years, and twenty-one years’ incarceration, respectively. The post-conviction court concluded that, even if Petitioner’s allegations were taken as true, he would not be entitled to relief and summarily dismissed the petitions. Discerning no error, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Angelita Blackshear Dalton |
Davidson County | Court of Criminal Appeals | 02/03/25 | |
State of Tennessee v. Forrest Scott Evans
E2024-00392-CCA-R3-CD
The Defendant, Forrest Scott Evans, pled guilty to the offense of aggravated assault, and the trial court sentenced him to a term of seven years and six months. The court suspended the sentence and placed the Defendant on probation. Thereafter, the Defendant committed new crimes in Virginia. When the Defendant was returned to Tennessee, the trial court revoked the suspended sentence and ordered him to serve it in full. The Defendant appeals, arguing that a full revocation was an abuse of discretion. Upon our review, we respectfully disagree and affirm the trial court’s judgment.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge James F. Goodwin, Jr. |
Sullivan County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. James R. Holley
W2024-00748-CCA-R3-CD
The Defendant, James R. Holley, appeals the Henderson County Circuit Court’s denial of his request for alternative sentencing after his guilty pleas to eight counts involving drugs, weapons, and traffic offenses. Based on our review, we conclude that the Defendant failed to provide this court with an adequate appellate record. Accordingly, his appeal is dismissed.
Authoring Judge: Judge John W. Campbell
Originating Judge:Judge Donald H. Allen |
Madison County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. Roger Bridges
W2024-00528-CCA-R3-CD
The Defendant, Roger Bridges, 1 was convicted by a Shelby County Criminal Court jury of three counts of aggravated sexual battery, a Class B felony; sexual battery, a Class E felony; rape, a Class B felony; and rape of a child, a Class A felony, and was sentenced by the trial court to an effective term of fifty-one years at 100% in the Tennessee Department of Correction. The four victims involved were three sisters and their female first cousin, and the offenses occurred over a two-month period that culminated on June 12, 2018, when one of the three sisters divulged the abuse to her father, who called the police. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the State violated Brady v. Maryland, 373 U.S 83 (1973), “by failing to produce information concerning the pending investigation of a male family member for sexual abuse crimes against some of the same family group.”2 Based on our review, we affirm the judgments of the trial court.
Authoring Judge: Judge John W. Campbell
Originating Judge:Judge W. Mark Ward |
Shelby County | Court of Criminal Appeals | 01/31/25 | |
Alvin Dean Shaver v. Sean Phillips, Warden
E2024-01385-CCA-R3-HC
In 1996, the Petitioner, Alvin Dean Shaver, pled guilty to two counts of first degree murder and was sentenced to concurrent terms of life without the possibility of parole. In 2024, the Petitioner applied for a writ of habeas corpus. He alleged that the trial court lacked subject matter jurisdiction to hear and adjudicate the charges because the statute pursuant to which he was convicted did not have the constitutionally required style, “Be it enacted by the General Assembly of the State of Tennessee.” The habeas corpus court summarily dismissed the application for the writ, and the Petitioner appealed. Upon our review, we respectfully affirm the judgment of the habeas corpus court.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Jeffery H. Wicks |
Morgan County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. Nathan David Bassett
W2024-00826-CCA-R3-CD
The Defendant, Nathan David Bassett, pled guilty in the Madison County Circuit Court to theft of property valued $10,000 or more. Pursuant to the plea agreement, he received a five-year sentence as a Range I, standard offender with the trial court to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered that the Defendant serve the sentence in confinement. On appeal, the Defendant contends that the trial court abused its discretion by denying a sentence alternative to confinement. Based on our review, we affirm the judgment of the trial court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Kyle C. Atkins |
Madison County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. David Edward Seickendick
E2024-01270-CCA-R3-CD
Defendant, David Edward Seickendick, appeals the judgment of the Cumberland County Criminal Court revoking his probation and ordering him to serve the balance of his previously ordered probationary sentence in confinement. On appeal, Defendant argues that the trial court abused its discretion by failing to consider Defendant’s medical conditions in revoking his probation and ordering him to serve his original sentence. After review, we affirm the judgment of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Gary McKenzie |
Cumberland County | Court of Criminal Appeals | 01/31/25 | |
Rickius Grant v. State of Tennessee
W2024-00837-CCA-R3-PC
The Petitioner, Rickius Grant, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his convictions for two counts of attempting to traffic a person for a commercial sex act and resulting concurrent six-year sentences. On appeal, he contends that the post-conviction court erred by finding that his petition was barred by the statute of limitations because due process required that the statute of limitations be tolled. Based upon our review, we affirm the judgment of the post-conviction court.
Authoring Judge: Judge John W. Campbell, Sr.
Originating Judge:Judge Joseph T. Howell |
Madison County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. Darrell E. Nance
E2024-01113-CCA-R3-CD
The pro se Defendant, Darrell E. Nance,1 appeals from the trial court’s summary dismissal
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge John F. Dugger, Jr. |
Hamblen County | Court of Criminal Appeals | 01/31/25 | |
State of Tennessee v. Detarus Brown
M2024-00111-CCA-R3-CD
Defendant, Detarus Brown, appeals from the Maury County Circuit Court’s order partially denying his motion to correct his sentence, and Defendant contends that the trial court should have treated his motion as a petition for post-conviction relief. We affirm the judgment of the trial court.
Authoring Judge: Judge Timothy L. Easter
Originating Judge:Judge David L. Allen |
Maury County | Court of Criminal Appeals | 01/30/25 | |
State of Tennessee v. Kurt Franklin Luna
M2023-01560-CCA-R3-CD
Defendant, Kurt Franklin Luna, was convicted after a jury trial of driving without a license, driving an unregistered vehicle, and violation of the financial responsibility law. The trial court sentenced him to serve forty-eight hours in the county jail. On appeal, Defendant raises a variety of claims. After a thorough review of the record, we conclude that Defendant has waived his issues for failure to create an adequate record and failure to comply with the Rules of Appellate Procedure.
Authoring Judge: Judge Robert L. Holloway, Jr.
Originating Judge:Judge Deanna B. Johnson |
Williamson County | Court of Criminal Appeals | 01/30/25 | |
State of Tennessee v. Daniel McCaig
W2023-01300-CCA-R3-CD
A Dyer County jury found the Defendant, Daniel McCaig, guilty of unlawfully possessing methamphetamine and a firearm. The trial court imposed a total effective sentence of twenty-six years to be served in the Tennessee Department of Correction. On appeal, the Defendant asserts that the evidence is legally insufficient to support his convictions. He also argues that the trial court erred by denying his right to represent himself and imposing consecutive sentences. Upon our review, we respectfully disagree and affirm the trial court’s judgments.
Authoring Judge: Judge Tom Greenholtz
Originating Judge:Judge Mark L. Hayes |
Dyer County | Court of Criminal Appeals | 01/30/25 | |
State of Tennessee v. D'tearius Carvell Southern
E2024-00112-CCA-R3-CD
A Knox County jury convicted Defendant, D’tearius Carvell Southern, of second degree murder, aggravated assault, two counts of reckless endangerment with a deadly weapon, tampering with evidence, and being a felon in possession of a firearm. Defendant received an effective sentence of twenty-three years to be served in confinement. On appeal, Defendant contends that the evidence was not sufficient to support his conviction for second degree murder and that the trial court erred by declining to instruct the jury that Defendant had no duty to retreat before using deadly force as part of the self-defense instruction. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Matthew J. Wilson
Originating Judge:Judge Steven Wayne Sword |
Knox County | Court of Criminal Appeals | 01/29/25 | |
State of Tennessee v. Marlos LeKeith Tipton
W2023-00551-CCA-R3-CD
The Defendant, Marlos LeKeith Tipton, appeals from his convictions for vehicular homicide and speeding following a bench trial. Specifically, the Defendant contends that he was deprived of a fair trial based on the trial court’s denial of funding for a defense expert in vehicle collisions. He further argues that the proof was insufficient to support his conviction of vehicular homicide based upon reckless conduct predicated on excessive speed alone. After review, we affirm the judgments of the trial court.
Authoring Judge: Judge Kyle A. Hixson
Originating Judge:Judge Donald H. Allen |
Henderson County | Court of Criminal Appeals | 01/29/25 | |
State of Tennessee v. Damon Cordell Parson
M2024-00266-CCA-R3-CD
A Davidson County jury convicted the Defendant, Damon Cordell Parson, of three counts of selling .5 grams or more of cocaine, and the trial court sentenced him to a total effective sentence of twelve years, to be served consecutively to a previous sentence. On appeal, the Defendant contends that the trial court erred when it admitted audio recordings of the drug transactions and that, without the recordings, the evidence is insufficient to convict him. He further contends that the trial court erred when it sentenced him because it improperly sentenced him to the maximum sentence within his applicable sentencing range and did not make proper considerations with regard to alternative sentencing. After review, we affirm the trial court’s judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Cheryl A. Blackburn |
Davidson County | Court of Criminal Appeals | 01/29/25 | |
State of Tennessee v. Brandon Eugene Beard
E2024-00899-CCA-R3-CD
The Defendant, Brandon Eugene Beard, pleaded guilty to three counts of aggravated assault and one count of being a felon in possession of a handgun. After the plea, but before the sentencing hearing, the State filed a notice to seek enhanced punishment offering exhibits showing that the Defendant qualified as a Range II offender and asking the court to impose consecutive sentences and the maximum sentence. After the hearing, the trial court sentenced the Defendant as a Range II offender to eighteen years for each of the assault convictions to be served concurrently at 85% and to ten years for the handgun conviction to be served at 35% and consecutively to the assault sentences, for a total effective sentence of twenty-eight years. On appeal, the Defendant contends that the trial court erred when it ordered partial consecutive sentencing and when it considered the State's notice to seek enhanced punishment, which the State filed after he pleaded guilty. After review, we affirm the trial court's judgments.
Authoring Judge: Judge Robert W. Wedemeyer
Originating Judge:Judge Alex E. Pearson |
Hawkins County | Court of Criminal Appeals | 01/28/25 |