The Petitioner, Justus G. Onyiego, was convicted in the Shelby County Criminal Court of
two counts of aggravated rape based on alternative theories. The trial court sentenced the
Petitioner to seventeen years for each conviction and merged the convictions. This court
affirmed the convictions, and the Petitioner filed a petition for post-conviction relief,
claiming that he received the ineffective assistance of counsel at trial and on appeal. The
post-conviction court held an evidentiary hearing, granted relief, and ordered a new trial
for both counts based on trial counsel’s failure to request jury instructions on any lesserincluded
offenses. The State appeals, claiming that the post-conviction court erred by
granting relief, and the Petitioner cross-appeals, claiming that the post-conviction court
erred by denying relief on his various other claims of ineffective assistance of counsel, that
the cumulative effect of trial counsel’s errors warrants relief, and that the post-conviction
court erred by denying his requests for funding for an investigator and a DNA expert.
Based on the oral arguments, the record, and the parties’ briefs, we reverse the postconviction
court’s granting relief for the Petitioner’s conviction of aggravated rape causing
bodily injury and reinstate his conviction for that offense. The judgment of the postconviction
court is affirmed in all other respects, and the case is remanded to the trial court
for further proceedings consistent with this opinion.
The Defendant, Jimmie Elwood Shelton, appeals the trial court’s order revoking his
probation and ordering him to serve the balance of his sentence in confinement. While on
probation, the Defendant was again charged with multiple additional crimes. After a
hearing, the trial court revoked the Defendant’s probation and ordered him to serve the
remainder of his sentence in confinement. On appeal, the Defendant asserts that the trial
court abused its discretion when it revoked his probation and when it ordered him to
confinement. After review, we affirm the trial court’s judgments.
Defendant, Kayla Nicole Pauze was convicted by a jury of reckless homicide and
aggravated assault. The trial court sentenced Defendant to an effective ten-year sentence
in the Tennessee Department of Correction. On appeal, Defendant challenges the length,
range, and manner of her sentences. Following a thorough review of the record, the briefs
and oral arguments of the parties, we affirm the judgments of the trial court.
The Defendant, William Riley Gaul, was convicted by a Knox County Criminal Court jury
of first degree premeditated murder, first degree felony murder, possession of a firearm
during the commission of a dangerous felony, reckless endangerment, stalking, tampering
with evidence, and theft of property valued over $500. After merging the felony murder
conviction into the premeditated murder conviction, the trial court sentenced the Defendant
to an effective term of life imprisonment in the Tennessee Department of Correction. The
Defendant raises twelve issues on appeal, which we have condensed and reordered as
follows: (1) whether the trial court erred by denying the Defendant’s motion to dismiss the
especially aggravated stalking count of the presentment; (2) whether the trial court erred
by not sequestering the jury and by allowing the trial to be livestreamed by the media outlet
Law and Crime; (3) whether the trial court erred by admitting a Snapchat message between
the Defendant and the victim; (4) whether the trial court erred in allowing the State to
present character evidence in the form of testimony that the Defendant was controlling,
manipulative, and possessive in his relationship with the victim; (5) whether the Defendant
was denied his right to a fair trial by the State’s introduction of his use of the video game
“Call of Duty” and the related evidence that the game included “wall banging,” or killing
individuals by shooting through the walls of a building; (6) whether the trial court erred in
allowing Bobby Jones, Jr., to testify as an expert and to offer trajectory evidence; (7)
whether the trial court erred by allowing the State to introduce evidence of the Defendant’s
uncharged criminal conduct relating to the theft charge; (8) whether the evidence is
sufficient to sustain the convictions for first degree murder, felony murder, stalking,
possession of a firearm during the commission of a dangerous felony, and theft of property
valued over $500; (9) whether the jury returned mutually exclusive and patchwork verdicts;
and (10) whether the cumulative effect of the various alleged errors deprived the Defendant
of his right to a fair trial. Based on our review, we conclude that the Defendant’s felony
theft conviction in count three must be modified to a Class A misdemeanor and a sentence
of eleven months, twenty-nine days pursuant to the savings statute. The Defendant’s
remaining convictions are affirmed and the case remanded to the trial court for an amended
judgment in count three.
The Petitioner, Kelvin Dewayne Golden, appeals the Madison County Circuit Court’s
denial of his petition for post-conviction relief from his conviction for rape of a child. 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 argue to the trial court that the
indictment was inconsistent with the charged jury instructions, (2) failing to utilize
impeachment evidence through the use of expert witnesses, (3) failing to properly
investigate the case, (4) failing to hire a private investigator and medical expert to review
physical or DNA evidence, and (5) failing to utilize the victim’s psychological records to
impeach the victim. After review, we affirm the judgment of the post-conviction court.
The Defendant, Tedrick Dawne Hughes, was convicted of possession of more than onehalf
gram of marijuana with intent to sell, possession of more than one-half gram of
marijuana with intent to deliver, tampering with evidence, and simple possession of
methamphetamine, for which he received an effective five-year sentence of confinement.
On appeal, the Defendant contends that the evidence was insufficient to sustain his
convictions for possession of more than one-half gram of marijuana with intent to sell,
possession of more than one-half gram of marijuana with intent to deliver, and tampering
with evidence. We affirm the trial court’s judgments.
Defendant, Kellye Rhea Crabtree, appeals from the trial court’s sentencing and restitution orders connected with her guilty-pleaded convictions for theft over $60,000, theft over $1,000, and official misconduct, arguing that the trial court abused its discretion by ordering consecutive sentencing; finding that she was a professional criminal; denying probation or an alternative sentence; ordering the maximum in-range sentence; and imposing restitution in an ex parte order filed after the sentencing hearing. We affirm the judgments of the trial court regarding consecutive sentencing and the manner of service. However, we reverse the trial court’s restitution order and remand the case for a full restitution hearing.
Fentress
Court of Criminal Appeals
Marcus Thomas v. State of Tennessee E2022-00160-CCA-R3-PC
Authoring Judge: Judge Robert H. Montgomery, Jr.
Trial Court Judge: Judge G. Scott Green
The Petitioner, Marcus Thomas, appeals from the Knox County Criminal Court’s denial of
post-conviction relief from his guilty-pleaded conviction to attempted first degree 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 and that his
guilty plea was involuntary and unknowing. We affirm the judgment of the post-conviction
court.
As relevant to this appeal, the Defendant, David Ray Duncan, was convicted by a jury of
the offense of unlawfully possessing a controlled substance while present in a penal
institution. On appeal, the Defendant challenges the legal sufficiency of the evidence
supporting his conviction. He also argues that the trial court should have excluded
evidence produced after the deadline established by the court’s scheduling order, and he
challenges the propriety of his effective twelve-year sentence. We affirm the Defendant’s
conviction, but we respectfully remand the case for resentencing in accordance with Tenn.
Code Ann. § 39-11-211.
The Defendant, Katherine E. Pilley, pleaded guilty to possession of methamphetamine, a
Class A misdemeanor. See T.C.A. § 39-17-418(a), (c)(1) (2018) (subsequently amended)
(simple possession of methamphetamine). The trial court sentenced the Defendant to
eleven months, twenty-nine days suspended to probation after thirty days in confinement.
On appeal, the Defendant presents a certified question of law, challenging the trial court’s
denial of a motion to suppress evidence obtained during the warrantless search of the
Defendant’s car. Because the certified question is overly broad as it fails to identify the
scope and limits of the legal issue reserved, we conclude that we are without jurisdiction
to consider this appeal. The appeal is dismissed.
The Defendant, Brian Keith Medley, was found guilty of sexual battery and
domestic assault. He was sentenced to the statutory maximum of four years as a Range II,
multiple offender. On appeal, he argues that the evidence was insufficient to support his
convictions and that the maximum sentence was excessive. We respectfully affirm the
judgments of the trial court.
The Petitioner, Jahue Mumphrey, pled guilty by criminal information to possessing a
controlled substance with the intent to sell and three counts of domestic assault. He was
sentenced to an effective term of ten years. He later filed a petition for post-conviction
relief alleging that his plea was entered involuntarily and that his lawyer rendered
ineffective assistance of counsel by, among other things, failing to review pretrial
discovery with him. After a hearing, the post-conviction court denied the petition, and the
Petitioner appealed to this Court. We respectfully affirm the judgment of the postconviction
court.
The Defendant, Douglas McArthur McGill,1 was convicted by a jury of violating the
Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and
Tracking Act of 2004 by failing to register a secondary address. He was sentenced as a
Range II, multiple offender to a term of two years and six months. On appeal, the
Defendant seeks a new trial, arguing that the trial court improperly admitted hearsay
evidence. The State concedes that reversible error exists in the record, and we agree. We
respectfully reverse the judgment of the trial court, vacate the Defendant’s conviction, and
remand the case for a new trial.
The Petitioner, Darcell Dominique Wright, appeals from the Montgomery County Circuit Court’s dismissal of his petition for post-conviction relief. On appeal, the Petitioner contends that the post-conviction court erred when it held that the Petitioner’s claim of limited ability to access the penitentiary law library due to lockdowns did not entitle him to due process tolling of the one-year statute of limitations for filing his petition. We affirm the judgment of the post-conviction court.
Montgomery
Court of Criminal Appeals
State of Tennessee v. Ricky Hunter W2022-00763-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge John W. Campbell, Sr.
Ricky Hunter, Defendant, was indicted for one count of first degree murder and one count
of being a felon in possession of a firearm. After a jury trial, Defendant was convicted of
the lesser included offense of second degree murder and being a felon in possession of a
firearm. He was sentenced to a total effective sentence of 33 years. The trial court denied
a motion for new trial. After this Court waived the timely filing of the notice of appeal,
this appeal ensued. On appeal, Defendant challenges the sufficiency of the evidence
sustaining the second degree murder conviction. We find the evidence sufficient and
affirm the convictions.
Defendant, Michael Dewayne Fisher, appeals his Lawrence County conviction for attempted first degree premeditated murder, for which he received a sentence of twenty-five years’ incarceration. Defendant asserts that the evidence presented at trial is insufficient to support his conviction and that the trial court committed structural constitutional error when it denied his motion for recusal. Following a thorough review, we affirm the judgment of the trial court
Lawrence
Court of Criminal Appeals
Branden Brookins v. State of Tennessee W2022-01214-CCA-R3-PC
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge James M. Lammey, Jr.
Branden Brookins, Petitioner, appeals from the denial of his petition seeking post-petition relief from his 2019 convictions for first degree murder, conspiracy to commit first degree murder, two counts of criminal attempt first degree murder, employing a firearm with intent to commit a felony, and reckless endangerment with a deadly weapon. On appeal, Petitioner claims that he received ineffective assistance of counsel. After a thorough review of the record, we affirm the judgment of the post-conviction court.
The defendant, Kentavis Antwon Jones, appeals his Madison County Circuit Court jury
convictions of possession of cocaine with intent to sell or deliver, possession of marijuana
with intent to sell or deliver, possession of a firearm by a convicted felon, possession of a
firearm during the commission of a dangerous felony, theft, driving on a revoked license,
and violation of the window tint law, arguing that the evidence was insufficient to support
his convictions. The defendant also raises the issue of merger, arguing that the trial court
properly merged his convictions. Because the trial court erred by merging certain firearm
convictions and because the judgments contain clerical errors, we reverse the improper
mergers and remand the case for the entry of corrected judgments. We affirm the trial
court’s judgments in all other respects.
Madison
Court of Criminal Appeals
State of Tennessee v. Timothy Potts W2021-01508-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge J. Robert Carter, Jr.
Defendant, Timothy Potts, appeals as of right from his jury convictions for two counts of
aggravated rape, for which he received a sentence of twenty-four years. On appeal,
Defendant contends that the trial court erred by denying his motions to dismiss based upon
the statute of limitations and due process and that the evidence was insufficient to support
his convictions. Following our review, we affirm.
The Appellant, Keith L. Farmer, appeals the trial court’s denial of his petition for a writ of error coram nobis. Upon review of the motion filed by appointed counsel, and in light of the record on appeal, the Court hereby affirms the judgment of the trial court.
In this consolidated appeal, the defendant, Justin Darnay Graves, argues the trial court erred
in imposing partial consecutive sentences and ordering restitution in his three cases. After
our review, we discern no reversible error in the trial court’s imposition of 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.
Madison
Court of Criminal Appeals
State of Tennessee v. Wendolyn Lee W2022-00626-CCA-R3-CD
Authoring Judge: Judge Robert L. Holloway, Jr.
Trial Court Judge: Judge Chris Craft
Following a trial, the jury convicted Wendolyn Lee, Defendant, of rape, statutory rape by
an authority figure, and incest. After a sentencing hearing, the trial court sentenced
Defendant to twelve years with 100% service for rape and five years as a Range I standard
offender for both statutory rape by an authority figure and incest. The court ordered the
sentences to be served consecutively, for a total effective sentence of twenty-two years,
and ordered Defendant to be on community supervision for life for the rape and incest
convictions. The court also sentenced Defendant to a consecutive term of 210 days for
multiple counts of direct criminal contempt of court. On appeal, Defendant claims that he
received ineffective assistance of counsel, that Tennessee courts lack territorial jurisdiction
to try the indicted offenses, that the rape charge was untimely because “adult rapes must
be reported within three years,” that he did not receive a speedy trial, that the jury was
prejudiced because Defendant’s other stepdaughter testified in rebuttal that she was raped
by Defendant, and that the court erred by not allowing Defendant to represent himself.
After a thorough review of the record and applicable law, we affirm the judgments of the
trial court.
Brandon Richmond Bowling, Petitioner, was charged in a twelve-count indictment with
six counts of rape, two counts of sexual battery, two counts of aggravated rape, one count
of first degree felony murder, and one count of first degree premeditated murder for his
role in the death of H.M.1, a 22-year-old woman. The State filed an intent to seek a sentence
of life without the possibility of parole. Prior to trial, counsel for Petitioner filed a motion
to suppress video evidence of an incident found on Petitioner’s phone. The motion was
never litigated. Petitioner pled guilty to one count of aggravated rape and one count of
second degree murder in exchange for dismissal of the remaining charges. As a result,
Petitioner received an effective sentence of 40 years at 100%. Petitioner filed a petition
for post-conviction relief raising the issue that trial counsel’s failure to advise him that the
search warrant justifying the search of his cell phone was constitutionally defective
rendered his guilty plea involuntary. After a hearing, the post-conviction court denied
relief. We affirm the judgment of the post-conviction court because Petitioner has failed
to satisfy the burden to establish that he is entitled to post-conviction relief. Furthermore,
the record establishes that trial counsel’s strategy of filing the motion, initiated negotiations
that resulted in a very favorable resolution for Petitioner. Accordingly, the judgment of
the post-conviction court is affirmed.
The Defendant, Michael Nyok Lueth, was convicted as charged by a Davidson County
Criminal Court jury of driving under the influence (DUI), sixth offense (Count 1); DUI per
se, sixth offense (Count 2); and driving on a revoked license (Count 3). The trial court
sentenced the Defendant as a Range II, multiple offender to concurrent six-year sentences
for the DUI convictions, merged the DUI convictions, and imposed a concurrent sentence
of eleven months and twenty-nine days imprisonment for the conviction for driving on a
revoked license. On appeal, the Defendant argues: (1) the trial court erred in telling
prospective jurors that an interpreter had been provided for the Defendant “out of an
abundance of caution”; (2) the trial court erred in providing a special instruction to the jury
that it was not allowed to consider the Defendant’s lack of fluency in English when
assessing the evidence in the case; (3) the trial court erred in denying defense counsel’s
motion for a mistrial after the prosecutor, relying on the trial court’s proposed special
instruction, stated during its rebuttal closing argument that the jury could not allow the
Defendant’s failure to speak English fluently to affect how the jury viewed the evidence;
and (4) he was improperly sentenced as a second offender for his conviction for driving on
a revoked license. After review, we affirm the Defendant’s convictions but remand the
case for entry of a corrected judgment form in Count 3 reflecting that the conviction offense
is driving on a revoked license, first offense, a Class B misdemeanor, and that the
Defendant’s sentence is six months, served concurrently with the sentence in Count 1.
