COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Marcus Green
W2022-01514-CCA-R3-CD
Authoring Judge: Judge John W. Campbell, Sr.
Trial Court Judge: Judge Lee V. Coffee

The Defendant, Marcus Green, was convicted in the Shelby County Criminal Court of first
degree premeditated murder, attempted first degree premeditated murder, employing a
firearm during the commission of a dangerous felony, and possession of a firearm by a
convicted felon. After a sentencing hearing, he received a sentence of life plus one hundred
five years in confinement. On appeal, the Defendant contends that the evidence is
insufficient to support the convictions, that the trial court erred by refusing to bifurcate the
charge of possession of a firearm by a convicted felon from the remaining charges, and that
his effective sentence is excessive. Based upon our review, we affirm the judgments of the
trial court.

Omari Davis v. State of Tennessee
M2023-00048-CCA-R3-PC
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Cheryl A. Blackburn

The Petitioner, Omari Davis, pled guilty to possessing heroin with intent to sell or deliver. After a sentencing hearing, the trial court sentenced the Petitioner as a Range II, multiple offender to serve a term of eighteen years. Thereafter, the Petitioner sought post-conviction relief, alleging that he was denied the effective assistance of counsel when his trial counsel failed to seek a competency evaluation. At the hearing, the Petitioner also argued that trial counsel was ineffective when he failed to seek a continuance of the sentencing hearing. The post-conviction court denied relief as to the competency evaluation but did not address the continuance issue. On our review, we respectfully affirm the judgment of the post-conviction court.

State of Tennessee v. Ahmed G. Mohd Alkhatib
M2022-01325-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery
Trial Court Judge: Judge Monte D. Watkins

The Petitioner, Ahmed G. Mohd Alkhatib, appeals from the Davidson County Criminal Court’s dismissal of his motion to vacate his 2006 guilty-pleaded convictions for two counts of facilitation of the delivery of marijuana, for which he received an effective eleven-month, twenty-nine-day sentence.  The post-conviction court treated the motion as a petition for post-conviction relief.  On appeal, the Petitioner contends that the court erred by dismissing the petition after determining it was untimely.  We affirm the judgment of the post-conviction court.

State of Tennessee v. Jennifer May Mahaffey
W2022-01778-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge Donald H. Allen

Defendant, Jennifer May Mahaffey, pled guilty to alternate counts of sale of
methamphetamine “over 0.5 grams” and delivery of methamphetamine “over 0.5 grams”1
in three cases, 20-027-2, 20-028-2, and 20-029-2. The trial court sentenced Defendant to
ten years imprisonment on each count, merged the alternate counts in each case, and ran
the ten-year sentences in two of the cases concurrently with each other, and the ten-year
sentence in the third case consecutively to the first two, for a total effective sentence of
twenty years confinement. The trial court also imposed fines totaling $6,100, and ordered
restitution in the amount of $563. On appeal, Defendant contends the trial court erred in
ordering restitution to the Henderson County Sheriff’s Department, in imposing fines and
restitution without determining her present and future ability to pay, and in imposing partial
consecutive sentences. After reviewing the record, the briefs of the parties, and the
applicable law, we discern no reversible error in the trial court’s imposition of partial
consecutive sentences, but we determine the order of restitution was in error. Therefore,
we affirm the sentences imposed by the trial court, vacate the orders of restitution, and
remand for entry of corrected judgments.

State of Tennessee v. Shundarius Turner
W2022-01646-CCA-R3-CD
Authoring Judge: Judge Jill Bartee Ayers
Trial Court Judge: Judge James M. Lammey

Defendant, Shundarius Turner, was convicted by a jury of reckless homicide, especially
aggravated robbery, aggravated criminal trespass, aggravated assault, and reckless
endangerment. He received a total effective sentence of thirty-seven years, eleven months,
and twenty-nine days. On appeal, he claims the trial court erred in excluding a
photographic lineup where he was not identified by one of the victims, the evidence was
insufficient to support his felony convictions, the trial court’s sentencing decision violated
his Fifth and Sixth Amendment rights, the trial court erred in excluding a witness from
testifying on his behalf, the trial court erred in denying his right to strike a juror for cause,
and the cumulative effect of these errors denied him a fair trial. Following our review of
the entire record, the briefs, and oral arguments of the parties, we affirm the judgments of
the trial court.

William Heath v. State of Tennessee
W2023-00268-CCA-R3-CD
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Chris Craft

A Shelby County Jury convicted William Heath, Petitioner, of especially aggravated robbery, aggravated assault, and reckless endangerment. On direct appeal, we affirmed the judgments of the trial court, and the Tennessee Supreme Court declined discretionary review. Petitioner then petitioned for post-conviction relief alleging trial counsel was ineffective. The post-conviction court denied the petition, and we affirmed the post-conviction court’s judgment. While Petitioner’s post-conviction petition was pending, he moved for DNA analysis and post-conviction relief. The post-conviction court denied the petition, and Petitioner now appeals. After review, we affirm the judgment of the trial court.

State of Tennessee v. Bobby Marable II
W2022-01591-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Clayburn L. Peeples

The Defendant, Bobby Marable II, was convicted by a Gibson County Circuit Court jury
of aggravated kidnapping involving bodily injury, a Class B felony, and aggravated assault
by strangulation, a Class C felony, for which he is serving an effective thirty-five year
sentence. See T.C.A. §§ 39-13-304(a)(4) (2018) (aggravated kidnapping involving bodily
injury), 39-13-102(a)(1)(A)(iv) (Supp. 2015) (subsequently amended) (aggravated assault
involving strangulation or attempted strangulation), -(e)(1)(A)(ii) (classifying aggravated
assault involving strangulation as a Class C felony). On appeal, he contends that: (1) the
evidence is insufficient to support his aggravated kidnapping conviction, (2) the trial court
erred in its jury instructions on aggravated kidnapping, (3) the court erred in allowing the
State to impeach the Defendant with his prior convictions under Tennessee Rule of
Evidence 609, (4) he is entitled to relief due to the cumulative effect of the court’s errors,
and (5) the court erred in classifying him as a Range III, persistent offender for his
aggravated assault conviction. We affirm the Defendant’s convictions and the trial court’s
judgment for aggravated kidnapping, and we remand the case with instructions for the trial
court to correct the Defendant’s aggravated assault judgment to reflect a ten-year sentence
as a Range II, multiple offender.

State of Tennessee v. Kinney Louis Spears
M2023-00346-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Suzanne Lockert-Mash

Defendant, Kinney Louis Spears, was indicted by the Houston County Grand Jury for the first degree murder of his wife, Mia Donnita Spears. The Houston County Circuit Court granted Defendant’s motion for a change of venue and transferred the case to the Dickson County Circuit Court. A Dickson County jury found Defendant guilty of the lesser-included offense of second degree murder, and the trial court sentenced Defendant to serve 25 years’ confinement. In this appeal as of right, Defendant asserts that the evidence is insufficient to support his conviction, that several improper comments by the prosecutor during closing argument constitute plain error, and that his sentence is excessive. Having reviewed the entire record and the briefs of the parties, we affirm the judgment of the trial court.

State of Tennessee v. Hubert Glenn Sexton, Jr.
E2022-00884-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge William B. Acree

In 2000, the Scott County Grand Jury indicted the Defendant, Hubert Glenn Sexton, Jr.,
for two counts of first degree premeditated murder, and the Defendant was convicted of
both counts and was sentenced to death for each offense. State v. Sexton, 368 S.W.3d
371, 378 (Tenn. 2012). Thereafter, this court granted the Defendant post-conviction
relief from these convictions and remanded his case for a new trial. Sexton v. State, No.
E2018-01864-CCA-R3-PC, 2019 WL 6320518, at *26 (Tenn. Crim. App. Nov. 25,
2019). On retrial, the Defendant was again convicted of two counts of first degree
premeditated murder and was sentenced to consecutive sentences of life without parole.
In this appeal, the Defendant argues the trial court erred (1) by denying his constitutional
right to self-representation under the Sixth Amendment to the United States Constitution
and article I, section 9 of the Tennessee State Constitution, and (2) by allowing several
witnesses to testify about allegations that the Defendant had sexually abused his stepdaughter
prior to the killings in this case. After review, we affirm the judgments of the
trial court.

Douglas Edward Christian v. State of Tennessee
M2022-01255-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Vanessa A. Jackson

The Petitioner, Douglas Edward Christian, appeals from the Coffee County Circuit Court’s
denial of his petition for post-conviction relief from his drug-related convictions and his
effective twenty-year sentence. On appeal, the Petitioner contends that the post-conviction
court erred when it denied his ineffective assistance of trial counsel claim. We affirm the
judgment of the post-conviction court.

State of Tennessee v. Jordan Isaiah Mosby
M2022-01070-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Robert Bateman

In 2013, the Defendant, Jordan Isaiah Mosby, pleaded guilty to attempted second degree
murder, and the trial court imposed a ten-year sentence suspended to supervised probation.
In 2019, the trial court issued a probation violation warrant, alleging that the Defendant
had absconded. After a hearing, the trial court found that the Defendant had violated his
probation by absconding to Florida. The trial court ordered him to serve his ten-year
sentence in confinement. The Defendant then filed a Rule 35 motion seeking to modify
the revocation order. After a hearing, the trial court denied the Defendant’s motion. On
appeal, the Defendant asserts that the trial court erred by ordering him to serve his sentence
in confinement, by not granting him credit for time he successfully served on probation,
and by ruling that the Defendant’s custody in the Tennessee Department of Correction
prevented the court from modifying the sentence. After a thorough review, we affirm the
trial court’s judgment.

State of Tennessee v. Robert James Houston
M2022-00844-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge J. Russell Parkes

A Giles County jury convicted the Defendant, Robert James Houston, of aggravated assault and simple assault, and the trial court sentenced him to a total effective sentence of ten years of incarceration. On appeal, the Defendant contends that the evidence is insufficient to sustain his convictions. After review, we affirm the trial court’s judgments.

State of Tennessee v. Denny Kentra Reynolds
M2022-01212-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Stella L. Hargrove

A Maury County Circuit Court jury convicted the defendant, Denny Kentra Reynolds, of possession of 26 grams or more of cocaine with the intent to sell, possession of one-half ounce to 10 pounds of marijuana with the intent to sell, and possession of drug paraphernalia. The trial court imposed an effective 12-year sentence. On appeal, the defendant challenges the sufficiency of the evidence supporting his convictions, the trial court’s denial of his motion to suppress, and the length of his sentence. Upon review, we affirm.

State of Tennessee v. Steven Ray Crockett
M2023-00388-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Barry R. Tidwell

The defendant, Steven Ray Crockett, appeals his Rutherford County Circuit Court jury conviction of aggravated robbery. On appeal, the defendant asserts that the evidence is insufficient to support his conviction and that the trial court erred by imposing a 12-year sentence, by ordering the sentence to run consecutively to his prior felony conviction from Virginia, and by accrediting only a portion of his pretrial time served in incarceration. Because the trial court’s imposition of consecutive sentencing was superfluous and because it failed to properly accredit the defendant’s pretrial jail credits, we reverse and remand for entry of a corrected judgment on these issues. We affirm the trial court’s judgment in all other respects.

State of Tennessee v. Danny R. Weld-Ebanks
M2022-01665-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Barry R. Tidwell

Defendant, Danny R. Weld-Ebanks, appeals the Davidson County Criminal Court’s revocation of judicial diversion.  He argues that the trial court relied on unnoticed grounds and abused its discretion in revoking his diversion.  The State concedes on both issues.  We agree that the trial court abused its discretion in revoking Defendant’s diversion and therefore vacate the judgment of the trial court and remand for a new revocation hearing.

Brandon Vandenburg v. State of Tennessee
M2022-01548-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge Monte Watkins

The Petitioner, Brandon Vandenburg, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for four counts of aggravated rape, one count of attempted aggravated rape, two counts of aggravated sexual battery, and one count of unlawful photography of the victim. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claims alleging that he received ineffective assistance of counsel by (1) lead counsel’s failure to have a witness qualified as an expert psychiatrist at trial, (2) lead counsel’s failure to introduce prior bad act evidence regarding the Petitioner’s codefendants at trial, and (3) lead counsel’s failure to have the Petitioner’s voicemail to Mr. Quinzio admitted as an exhibit at trial. The Petitioner also raises freestanding post-conviction claims, arguing that the trial court violated the Petitioner’s protection against double jeopardy by (1) allowing him to be retried on amended charges after jeopardy had attached and (2) allowing the State to proceed with a superseding indictment without disposing of the original indictment. Following our review, we affirm the judgment of the post-conviction court.

Terrance Reese v. Frank Strada, Warden
M2023-00961-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Michael Wayne Collins

Terrance Reese,[1] Petitioner, appeals from the denial of his petition for habeas corpus relief, in which he alleged that he received an illegal sentence, that the trial court lacked subject matter jurisdiction, and that one of his convictions was void.  The habeas corpus court summarily dismissed the petition because the judgments were valid on their face and the trial court had jurisdiction over the offenses.  Petitioner appeals the dismissal of the petition.  We affirm the judgment of the habeas corpus court.

Billy Taylor, IV v. State of Tennessee
E2023-00636-CCA-R3-PC
Authoring Judge: Judge Kyle A. Hixson
Trial Court Judge: Judge G. Scott Green

The Petitioner, Billy Taylor, IV, appeals the Knox County Criminal Court’s denial of his
petition for post-conviction relief challenging his guilty-pleaded convictions for two counts
of unlawful possession of a firearm by a convicted felon and one count of possession of
methamphetamine over one-half gram with the intent to sell. The Petitioner argues that
the post-conviction court erred by finding that he entered his guilty pleas knowingly and
voluntarily. Specifically, the Petitioner alleges that: (1) trial counsel was ineffective by
failing to explain that the plea agreement did not guarantee the Petitioner probation and
treatment at a substance abuse program and (2) he was under the influence of narcotics at
the time he pleaded guilty. Following our review, we affirm the judgment of the postconviction
court.

Mickey Edwards v. State of Tennessee
W2023-00653-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Chris Craft

The Petitioner, Mickey Edwards, appeals from the denial of his petition for post-conviction
relief for his jury trial convictions for four counts of aggravated burglary, four counts of
theft of property, identity theft, and fraudulent use of a credit card, for which he is serving
an effective sixty-year sentence. On appeal, he contends that the post-conviction court
erred in denying relief on his ineffective assistance of counsel claim related to trial
counsel’s lack of objections to instances of alleged prosecutorial misconduct. He also
alleges a free-standing claim that he was denied a fair trial due to the alleged prosecutorial
misconduct. We affirm.

State of Tennessee v. Eric Bledsoe
W2023-00730-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Chris Craft

The Defendant, Eric Bledsoe, was convicted by a Shelby County Criminal Court jury of
aggravated rape, aggravated burglary, and felony theft, for which he is serving an effective
sixty-five-year sentence. He filed a motion to correct an illegal sentence pursuant to
Tennessee Rule of Criminal Procedure 36.1, which the trial court summarily dismissed for
the failure to state a colorable claim. On appeal, he contends that the trial court erred in
denying relief. We affirm the judgment of the trial court.

In Re: Attorney Russell E. Edwards
M2023-00986-CCA-WR-CO
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Dee David Gay

Attorney Russell E. Edwards seeks review of the trial court’s order granting his motion to be relieved as counsel for Sergio Bermudez, the defendant in the underlying case, and prohibiting Attorney Edwards from practicing in the Criminal Court for Sumner County. Upon review, we conclude that the trial court exceeded its authority by ordering Attorney Edwards be barred from practicing law in the Criminal Court for Sumner County. We therefore issue a writ of certiorari and order that the trial court’s order prohibiting Attorney Edwards from practicing in the Sumner County Criminal Court is vacated.

State of Tennessee v. Alexander Ruben Carino
E2023-01089-CCA-R3-CD
Authoring Judge: Judge Tom Greenholtz
Trial Court Judge: Judge Wesley Thomas Bray

The Defendant, Alexander Ruben Carino, filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He alleged that his consecutive sentences were illegal because the trial court made no findings that consecutive sentences were appropriate. The trial court denied the motion after finding that the sentences were imposed pursuant to the Defendant’s valid plea agreement. On our review, we respectfully affirm the judgment of the trial court.

Roger Terrell v. State of Tennessee
W2023-00039-CCA-R3-PC
Authoring Judge: Judge Matthew J. Wilson
Trial Court Judge: Judge Kyle C. Atkins

Petitioner, Roger Terrell, appeals from the Madison County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Petitioner contends he received the ineffective assistance of counsel at trial. After review, we affirm the judgment of the post-conviction court.

Ronald P. Ellis v. State of Tennessee
W2023-00203-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jennifer Johnson Mitchell

Ronald P. Ellis, Petitioner, sought post-conviction relief based on ineffective assistance of
counsel after this Court affirmed his first degree murder conviction. State v. Ellis, No.
W2017-01035-CCA-R3-CD, 2018 WL 4584124, at *1 (Tenn. Crim. App. Sept. 21, 2018).
The post-conviction court denied relief. Petitioner appealed, arguing that trial counsel was
ineffective for failing to include proof in the motion to suppress his statement to authorities
about whether Petitioner was brought before a judge or magistrate before making his
statement and whether Petitioner’s cognitive abilities prevented him from adequately
waiving his rights. Because the evidence does not preponderate against the post-conviction
court’s findings and conclusions, we affirm the judgment of the post-conviction court.

Kennath Artez Henderson v. State of Tennessee
W2023-00515-CCA-R3-ECN
Authoring Judge: Judge John W. Campbell
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Kennath Artez Henderson, appeals the Fayette County Circuit Court’s
summary denial of his petition for a writ of error coram nobis, challenging the sentence of
death that the trial court imposed after his guilty plea to the first degree premeditated
murder of a law enforcement officer. On appeal, the Petitioner claims that newly
discovered evidence of severe brain damage and serious mental illness at the time of the
offense may have resulted in a different judgment if presented at trial, that he was without
fault in failing to present the evidence at the proper time because trial counsel were
ineffective for failing to discover and present the evidence at sentencing, and that due
process requires tolling the statute of limitations. Based on our review of the oral
arguments, the record, and the parties’ briefs, we affirm the judgment of the coram nobis
court.