COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Eddie Williams, Jr.
W2015-02065-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Chris Craft

Eddie Williams, Jr., the Defendant, appeals the summary denial of his Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence. He claims that the trial court improperly used his prior petit larceny conviction to enhance his sentence. Because this claim has previously been rejected by this court on multiple occasions and because the Defendant’s motion failed to state a colorable claim, we affirm the trial court’s summary denial of the motion.

Shelby Court of Criminal Appeals

State of Tennessee v. Brian Pillow
M2014-01355-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Stella Hargrove

A Maury County Circuit Court Jury convicted the Appellant, Brian Pillow, of three counts of selling .5 grams or more of cocaine in a drug-free zone.  The trial court imposed a total effective sentence of twelve years in the Tennessee Department of Correction.  On appeal, the Appellant contends that the trial court erred by requiring the Appellant to expose his tattooed arms to the jury and by admitting photographs of his tattoos into evidence.  Additionally, the Appellant challenges the sufficiency of the evidence sustaining his convictions.  Upon review, we affirm the judgments of the trial court.

Maury Court of Criminal Appeals

Teresa Deion Smith Harris v. State of Tennessee
W2015-01072-CCA-R3-ECN
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge C. Creed McGinley

In 1994, a Henry County jury convicted the Petitioner, Teresa Deion Smith Harris, of first degree felony murder, and she was sentenced to life in prison without the possibility of parole. The Petitioner appealed, and this Court affirmed the Petitioner's conviction and sentence. State v. Teresa Deion Smith Harris, No W2012-00540-CCA-R3-CD, 1996 WL 654335, at *1 (Tenn. Crim. App., at Jackson, Nov. 12, 1996), perm. app. granted (Tenn. June 8, 1998). The Tennessee Supreme Court affirmed the Petitioner's conviction and sentence but found that there existed some harmless error in sentencing. State v. Harris, 989 S.W.2d 301, 316 (Tenn. 1999). The Petitioner filed a petition for post-conviction relief and two previous petitions for writ of error coram nobis. All of these petitions were denied, the Petitioner appealed, and this Court affirmed their denial. In this, her third, petition for writ of error coram nobis, the Petitioner alleged that she had received newly discovered evidence in the form of an affidavit from a doctor who said that her attorney was cavalier about the charges the Petitioner faced and seemed to not want to talk to the doctor about the Petitioner's case. The coram nobis court summarily dismissed the petition, finding it was filed outside the statute of limitations and that the evidence presented by the Petitioner was not newly discovered and was available to her before her 1994 trial. On appeal, the Petitioner, proceeding pro se, contends that the coram nobis court erred when it dismissed her petition without conducting an evidentiary hearing. After a thorough review, we affirm the coram nobis court's judgment.

Henry Court of Criminal Appeals

State of Tennessee v. Marcus Traveno Cox, Jr.
M2015-00512-CCA-R3-CD
Authoring Judge: Special Judge Roger A. Page
Trial Court Judge: Judge Forest A. Durard, Jr.

Appellant, Marcus Traveno Cox, Jr., stands convicted (after merger of duplicate counts) of possession with intent to sell less than .5 grams of cocaine, possession with intent to sell more than one-half ounce but less than ten pounds of marijuana, possession of a Schedule III controlled substance (Lortab), possession of drug paraphernalia, and possession of a firearm with intent to go armed during the commission of a dangerous felony.  The trial court sentenced him to an effective sentence of nine years in the Tennessee Department of Correction.  On appeal, appellant argues that the indictment and jury instructions for the possession of a firearm charge were fatally deficient and that he received ineffective assistance of counsel.  Following our review, we affirm the judgments of the trial court.

Marshall Court of Criminal Appeals

Jerry Crawford, Jr. v. State of Tennessee
W2015-00882-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

A Madison County jury convicted the Petitioner, Jerry Crawford, Jr., of aggravated robbery, and the trial court sentenced him to thirty years in prison. The Petitioner appealed his conviction and sentence, and this Court affirmed the trial court's judgments. See State v. Jerry Crawford, Jr., No. W2012-02729-CCA-R3-CD, 2014 WL 296014, at *1 (Tenn. Crim. App., at Knoxville, Jan. 28, 2014), no Tenn. R. App. P. 11 application filed. In 2015, the Petitioner filed a pro se petition for post-conviction relief. The post-conviction court appointed counsel who filed an amended petition for post-conviction relief alleging that the Petitioner had received the ineffective assistance of counsel. The trial court held a hearing on the petition and denied relief. On appeal, the Petitioner contends that the trial court erred when it denied his petition. After a thorough review of the record and applicable authorities, we affirm the post-conviction court's judgment.

Madison Court of Criminal Appeals

William Thomas Mayers v. State of Tennessee
M2014-01704-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt, Jr.

The Petitioner, William Thomas Mayers, filed a petition for post-conviction relief in the Davidson County Criminal Court, alleging that his counsel was ineffective at trial and on appeal.  The post-conviction court denied the petition, and the Petitioner appeals.  Upon review, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

State of Tennessee v. Billy Locke
E2015-00901-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Andrew Mark Freiberg


In 1998, a jury convicted the Defendant, Billy Locke, for DUI, third offense. The trial court sentenced the Defendant to serve eleven months and twenty-nine days, 160 days of which was to be served in confinement with the remainder to be served on probation. In 1999, the Defendant pleaded guilty to burglary, evading arrest, assault, and possession of burglary tools, and the trial court sentenced him to an effective sentence of three years to run consecutively with any sentence he received for violating his probation for the DUI conviction. Fifteen years later, in January 2015, the Defendant filed a Tennessee Rule of Criminal Procedure 36.1 motion to correct an illegal sentence, arguing that the trial court was required to align his sentences consecutively because he was on probation and thus still “serving” his sentence for the DUI conviction when sentenced for the burglary-related convictions. The trial court denied the Defendant’s motion, and he appealed to this Court. After a thorough review of the record and applicable law, we affirm the trial court’s judgment.

Polk Court of Criminal Appeals

State of Tennessee v. Mitchell Lee Davis
E2015-01220-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Rex Henry Ogle


The Defendant, Mitchell Lee Davis, pleaded guilty to burglary, misdemeanor theft, and sale of a Schedule II controlled substance, and the trial court entered the agreed sentence of five years, 180 days of which were to be served in confinement and the remainder to be served on probation. The Defendant's probation officer subsequently filed an affidavit alleging a probation violation. The trial court issued a warrant, and the parties agreed that the Defendant should serve 120 more days followed by reinstatement to probation. The trial court rejected the agreement, revoked the Defendant's probation, and ordered him to confinement. The Defendant did not appeal but then filed a motion to reduce his sentence pursuant to Tennessee Rule of Criminal Procedure 35, contending that the trial court improperly considered his lengthy criminal history when it revoked his probation. The trial court denied the Defendant's motion. On appeal, the Defendant contends that, after the trial court rejected the parties' agreement for the probation violation, the trial court violated his due process rights by not holding a hearing to determine whether there was sufficient evidence to support the probation violation. He further contends that the trial court abused its discretion when it revoked his probation because it based its decision on the Defendant's previous criminal history. After review, we affirm the trial court's judgment.

Sevier Court of Criminal Appeals

State of Tennessee v. Grady Joe Careathers
E2015-00904-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Don W. Poole


The Defendant, Grady Joe Careathers, pleaded guilty to aggravated assault in exchange for a probation sentence. Shortly thereafter, the Defendant was arrested for violating the Habitual Motor Vehicle Offender Act, a charge to which he pleaded guilty. At the same time, he entered a guilty plea to violating his probation. Over the next five years, the Defendant admitted to violating his probation sentence on several occasions. At his fifth revocation hearing, the trial court revoked his probation and ordered him to serve the remainder of his sentence in confinement. On appeal, the Defendant contends that the trial court erred by ordering him to serve his sentence in confinement. After review, we affirm the trial court's judgments.

Hamilton Court of Criminal Appeals

Charles R. Blackstock v. State of Tennessee
E2015-01384-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Barry A. Steelman


In 2000, the Petitioner, Charles R. Blackstock, pleaded guilty to one count of especially aggravated kidnapping and two counts of rape of a child, and the trial court sentenced him to three consecutive twenty-five year sentences. This Court affirmed the consecutive sentencing on appeal, but modified the total effective sentence to seventy-one years. State v. Charles R. Blackstock, No. E2000-01546-R3-CD, 2001 WL 969036, at *1 (Tenn. Crim. App., at Knoxville, Aug. 27, 2001), no Tenn. R. App. P. 11 application filed. In 2013, the Petitioner filed a petition for habeas corpus relief, which was denied. The Petitioner appealed, and this Court affirmed. Charles R. Blackstock v. State, No. E2013-01173-CCA-R3-HC, 2014 WL 1092812, at *1 (Tenn. Crim. App., at Knoxville, Mar. 19, 2014), no Tenn. R. App. P. 11 application filed. In 2015, the Petitioner filed a petition for post-conviction relief alleging that he had received the ineffective assistance of counsel at the guilty plea hearing and also during the habeas corpus proceeding. The post-conviction court summarily dismissed the petition. On appeal, the Petitioner maintains that his counsel during the habeas corpus proceeding was ineffective. He further contends that the post-conviction court erred when it did not “mention[] the claim of ineffective assistance of counsel.” After a thorough review, we affirm the post-conviction court's judgment.

Hamilton Court of Criminal Appeals

State of Tennessee v. Thomas Neal McClean
E2015-01957-CCA-R3-CD
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge Steven Wayne Sword


The Defendant, Thomas Neal McClean, was convicted upon his guilty pleas to robbery, a Class C felony; burglary, a Class E felony; and theft of property valued at $500 or less, a Class A misdemeanor. See T.C.A. §§ 39-13-401 (2014) (robbery), 39-14-402 (2014) (burglary), 39-14-103 (2014) (theft), 39-14-105(a)(1) (2014) (grading of theft). He received an effective ten-year sentence as a Range III, persistent offender. In this appeal, he contends he received the ineffective assistance of counsel. Because his appeal is not upon any basis permitted by Tennessee Rule of Appellate Procedure 3(b), we dismiss the appeal.

Knox Court of Criminal Appeals

Wesley Dawone Coleman v. State of Tennessee
W2015-00369-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Jeff Parham

The Petitioner, Wesley Dawone Coleman, appeals from the denial of post-conviction relief by the Circuit Court for Obion County. He was convicted of aggravated burglary, theft over $500, and evading arrest, and received an effective sentence of ten years in the Tennessee Department of Correction. On appeal, the Petitioner argues that he received ineffective assistance of counsel and that the cumulative effect of counsel’s errors denied his constitutional right to a fair trial. Upon our review, we affirm the judgment of the post-conviction court.

Obion Court of Criminal Appeals

Victor Clark v. State of Tennessee
W2015-00186-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Donald H. Allen

Victor Clark (“the Petitioner”) was indicted for two counts of attempted second-degree murder, two counts of aggravated assault, one count of reckless endangerment, and one count of employing a firearm during the commission of a dangerous offense. After a jury trial, the Petitioner was acquitted of both counts of attempted second-degree murder but convicted of all other charges. In this post-conviction proceeding, the Petitioner contends that he received ineffective assistance of counsel. The post-conviction court denied relief. Upon review of the record, we affirm the judgment of the post-conviction court.

Madison Court of Criminal Appeals

Paul Williams EL v. Sheriff Andy Dickson, Carroll County
W2015-01614-CCA-R3-HC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Charles C. McGinley

The Petitioner, Paul Williams el, filed a Petition for Writ of Habeas Corpus Relief, challenging his conviction for a second or subsequent offense of driving on a cancelled, suspended, or revoked license. The habeas court summarily dismissed the Petition. On appeal, we conclude that the Petition failed to meet the procedural requirements of Tennessee Code Annotated section 29-21-107. Additionally, the Petitioner's claim is based on a complete misreading of Tennessee Code Annotated section 55-50-504 and is without merit. The judgment of the habeas court is affirmed.

Carroll Court of Criminal Appeals

State of Tennessee v. Brandon Waire
M2014-02140-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Stella L. Hargrove

In December 2012, the Maury County Grand Jury indicted Brandon Waire (“the Defendant”) on three counts of sale of cocaine over .5 gram within a drug-free zone.  Following a trial, a jury convicted the Defendant as charged, and the trial court sentenced the Defendant to an effective eight years’ incarceration.  On appeal, the Defendant asserts that he is entitled to relief from his convictions because:  (1) the trial court erroneously denied the Defendant’s motion for mistrial after the State’s confidential informant testified that he had served prison time with the Defendant; (2) the Defendant’s right to a fair trial was violated when the State failed to preserve video evidence of statements made by the confidential informant in violation of State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999); (3) the trial court erred when it failed to exclude the State’s late-disclosed witness from testifying; and (4) the evidence was insufficient to support his convictions.  Upon review, we affirm the judgments of the trial court.

Maury Court of Criminal Appeals

State of Tennessee v. David William Lowery
E2015-00924-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Donald R. Elledge

An Anderson County jury convicted the Defendant-Appellant, David William Lowery, as charged of three counts of aggravated child abuse.  See T.C.A. § 39-15-402(a)(1) (Supp. 2007).  The trial court imposed concurrent twenty-five-year sentences with a release eligibility of one hundred percent for each count.  See id. § 40-35-501(i) (Supp. 2008).  Lowery’s sole issue on appeal is that the evidence is insufficient to sustain his convictions.  Upon review, we affirm Lowery’s convictions but remand the case for entry of corrected judgments in counts 1, 2, and 3 to reflect that he was charged with and convicted of three counts of aggravated child abuse and that these convictions are Class A felonies.    

Anderson Court of Criminal Appeals

State of Tennessee v. Darrel Pathrice McNeal
W2015-00316-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Donald H. Allen

Following a jury trial, the Defendant, Darrel Pathrice McNeal, was convicted of aggravated robbery, a Class B felony, and evading arrest, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-13-402, -16-603(a)(1). On appeal, the Defendant challenges only the sufficiency of the evidence underlying his conviction for aggravated robbery. However, because the Defendant filed an untimely notice of appeal and the interest of justice does not favor waiver of the timely filing requirement in this case, this appeal is dismissed.

Madison Court of Criminal Appeals

Derrick Rice v. State of Tennessee
W2015-00226-CCA-R3-PC
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.

The Petitioner, Derrick Rice, appeals as of right from the post-conviction court’s denial of his petition for post-conviction relief wherein he challenged his convictions for first degree premeditated murder and attempted first degree murder. In this appeal, the Petitioner contends that he received ineffective assistance of counsel in the following ways: (1) general sessions counsel failed to consult with the Petitioner regarding a plea offer from the State and to explain the consequences of declining that offer; (2) trial counsel failed to investigate and subpoena witnesses; (3) general sessions counsel and trial counsel failed to adequately communicate with the Petitioner; and (4) trial counsel failed to adequately investigate and prepare the case for trial. Discerning no error, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

Reginald Rome v. State of Tennessee
W2015-01399-CCA-R3-ECN
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge W. Mark Ward

Petitioner, Reginald Rome, appeals the dismissal of his petition for a writ of error coram nobis which alleged newly discovered evidence. The coram nobis court found that due process principles did not require tolling the statute of limitations and that Petitioner had failed to prove that he was without fault in failing to present this evidence at the proper time. Upon our review, we affirm the judgment of the coram nobis court.

Shelby Court of Criminal Appeals

State of Tennessee v. David Reed
W2015-01740-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Roy B. Morgan, Jr.

Defendant, David Reed, appeals the trial court's denial of his motion to correct an illegal sentence filed pursuant to Tennessee Rule of Criminal Procedure 36.1. Defendant argues that the trial court's failure to award post-judgment jail credit for time he spent incarcerated out-of-state prior to the revocation of his probation renders his sentence illegal. Upon our review of the record and applicable authorities, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Kearn Weston v. State of Tennessee
W2015-00460-CCA-R3-PC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge James C. Beasley, Jr.

Petitioner, Kearn Weston, appeals the denial of his petition for post-conviction relief. Petitioner argues that he received ineffective assistance of counsel when trial counsel failed to file a pre-trial motion to dismiss the charge based on the loss of a surveillance video. Upon our review, we affirm the decision of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Anthony Bailey
W2015-00784-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Glenn Wright

The defendant, Anthony Bailey, was convicted by a Shelby County Criminal Court jury of robbery, a Class C felony, and assault, a Class A misdemeanor. He was sentenced by the trial court as a Range I, standard offender to concurrent terms of five years in the workhouse for the robbery conviction and eleven months, twenty-nine days for the assault conviction. On appeal, he argues that the evidence is insufficient to sustain his robbery conviction, the trial court erred by denying his motion to suppress the victim's pretrial and in-court identifications, and the trial court erred by enhancing his sentence and by denying his request for probation. Following our review, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Karloss Thirkill
W2015-00456-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Glenn Wright

Following a jury trial, the Defendant, Karloss Thirkill, was convicted of aggravated robbery, a Class B felony. See Tenn. Code Ann. § 39-13-402. The trial court subsequently imposed a ten-year sentence for the conviction. On appeal, the Defendant contends (1) that the trial court erred in admitting a video recording of the crime when the witness “did not have personal knowledge [of the contents of the video] nor was involved in the chain of custody”; and (2) that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Angela Faye Daniel
M2015-01073-CCA-R9-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Deanna Bell Johnson

In this interlocutory appeal, the appellant, State of Tennessee, appeals the Williamson County Circuit Court’s order granting a motion to suppress evidence filed by the appellee, Angela Faye Daniel.  The appellant claims that the trial court erroneously concluded that a police officer’s failure to deliver a copy of a search warrant to the appellee was not a “clerical error” under Tennessee Code Annotated section 40-6-108, the Exclusionary Rule Reform Act.  Based upon the oral arguments, the record, and the parties’ briefs, we affirm the order of the trial court.

Williamson Court of Criminal Appeals

State of Tennessee v. Jose Lemanuel Hall, Jr.
M2015-00018-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge J. Randall Wyatt, Jr.

Defendant, Jose Lemanuel Hall, Jr., was convicted of first degree murder and sentenced to life in prison.  On appeal, he argues (1) that the evidence was insufficient to support his conviction; (2) that the trial court erred in admitting evidence regarding his gang affiliation and gang rank; (3) that the trial court erred in admitting photographs; and (4) that the trial court erred by ordering consecutive sentencing.  We affirm the judgment of the trial court.

Davidson Court of Criminal Appeals