COURT OF CRIMINAL APPEALS OPINIONS

State of Tennessee v. Arthur Lee Jamison, Jr.
M2012-00184-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

The appellant, Arthur Lee Jamison, Jr., was convicted by a jury in the Davidson County Criminal Court of selling less than .5 grams of a substance containing cocaine within 1,000 feet of a drug-free school zone, a Class B felony. The trial court sentenced the appellant to ten years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Bobby Duane Parker
M2012-00748-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Walter C. Kurtz

The appellant, Bobby Duane Parker, pled guilty in the Williamson County Circuit Court to four counts of theft, two counts of unlawful possession of a weapon, one count of resisting arrest, and one count of evading arrest. The trial court imposed a total effective sentence of twenty-seven years. On appeal, the appellant challenges imposition of consecutive sentencing. Upon review, we affirm the judgments of the trial court.

Williamson Court of Criminal Appeals

State of Tennessee v. Justin Gray
W2011-01059-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Roger A. Page

The defendant, Justin Gray, was convicted by a Madison County Circuit Court jury of first degree felony murder and especially aggravated robbery and sentenced to concurrent terms of life imprisonment and fifteen years, respectively. On appeal, he argues that: (1) it was error for his case to be transferred to circuit court; (2) the evidence is insufficient to sustain his convictions; and (3) the trial court’s jury instruction on criminal responsibility was erroneous. After review, we affirm the judgments of the trial court.

Madison Court of Criminal Appeals

State of Tennessee v. Timothy B. Lenarduzzi
M2012-01236-CCA-R3-CD
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Dee David Gay

Timothy B. Lenarduzzi ("the Defendant") pleaded guilty to two counts of aggravated sexual exploitation of a minor and three counts of sexual exploitation of a minor. In his plea agreement, he agreed to a sentencing range of "[e]ight to [t]welve years at one hundred percent on each count to run concurrent," leaving the length of the sentence to be determined by the trial court. After a hearing, the trial court sentenced the Defendant as a Range I offender to eleven years for each aggravated sexual exploitation of a minor conviction and eleven years for each sexual exploitation of a minor conviction, all to be served concurrently. On appeal, the Defendant argues that the length of his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court.

Sumner Court of Criminal Appeals

State of Tennessee v. Eddie Hoof
W2011-02164-CCA-R3-CD
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Lee V. Coffee

A Shelby County grand jury indicted appellant, Eddie Hoof, for first degree premeditated murder, first degree felony murder, attempted first degree murder, and especially aggravated burglary. A jury found him guilty of two counts of second degree murder, one count of attempted first degree murder, and one count of especially aggravated burglary. The trial court merged the two convictions of second degree murder and sentenced appellant to an effective sentence of fifty-seven years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and the trial court’s imposition of consecutive sentences. Following our review, we affirm the judgments of the trial court. However, we remand the case to the trial court for correction of the judgment form for especially aggravated burglary to reflect a consecutive sentence.

Shelby Court of Criminal Appeals

Steven Ray Kennedy v. State of Tennessee
W2012-00560-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge John T. Fowlkes Jr.

Petitioner, Steven Ray Kennedy, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his guilty-pleaded conviction for second degree murder and the resulting twenty-year sentence. On appeal, he contends that his guilty plea was not knowing and voluntary because of the ineffectiveness of counsel. Following our review of the record, we affirm the post-conviction court’s denial of relief.

Shelby Court of Criminal Appeals

Donnell Levon Robinson v. State of Tennessee
W2012-00329-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge J. Weber McCraw

The Petitioner, Donnell Levon Robinson, Jr., appeals the denial of post-conviction relief, arguing that he received ineffective assistance of counsel and that his plea was involuntarily and unknowingly entered. Upon review, we affirm the judgment of the post-conviction court.

Hardeman Court of Criminal Appeals

State of Tennessee v. Donald A. Rogers
E2012-01375-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge David R. Duggan

The defendant, Donald A. Rogers, appeals the trial court’s revocation of his probation and reinstatement of his original three-year sentence in the Department  of Correction. He argues that the trial court erred in ordering full confinement, rather than imposing split confinement. Following our review, we affirm the judgment of the trial court.

Blount Court of Criminal Appeals

State of Tennessee v. Lavonta Laver Churchwell
M2011-00950-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Seth Norman

Defendant, Lavonta Laver Churchwell, was indicted by the Davidson County Grand Jury for two counts of first degree premeditated murder, two counts of first degree felony murder, and two counts of especially aggravated robbery. Defendant was convicted by a petit jury of two counts of felony murder, two counts of especially aggravated robbery, and two counts of criminally negligent homicide. The trial court merged Defendant’s convictions for criminally negligent homicide into his felony murder convictions. He was sentenced by the trial court to an effective life sentence with all sentences running concurrently. In this direct appeal, Defendant asserts that: 1) the evidence was insufficient to sustain his convictions; 2) the State failed to establish the corpus delicti because the State offered no corroborating evidence of the testimony of the jailhouse informants; 3) Defendant’s admissions to the jailhouse informants were elicited in violation of Massiah v. U.S., 377 U.S. 201, 84 S. Ct. 1199, 12 L. Ed. 2d 246 (1964); and 4) the trial court erred by allowing testimony that Defendant threatened a jailhouse informant. The State responds that Defendant has waived all issues save that of sufficiency of the evidence by failing to file a timely motion for new trial. We conclude that Defendant’s motion for new trial was timely filed and review the merits of each issue. Finding no error, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Alfonzo Marquis Sutton
M2011-01575-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Lee Russell

A Bedford County Circuit Court Jury convicted the appellant, Alfonzo Marquis Sutton, of conspiracy to sell and deliver .5 grams or more of a Schedule II controlled substance, cocaine. The trial court sentenced him as a Range III persistent offender to thirteen years, forty-five percent of which he was to serve in confinement before being eligible for release. On appeal, the appellant argues that the evidence is insufficient to support the conviction, that prosecutorial misconduct warranted a mistrial, and that his sentence is excessive. Upon review, we conclude that prosecutorial misconduct warrants a new trial.

Bedford Court of Criminal Appeals

State of Tennessee v. Bruce D. Mendenhall
M2010-02080-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Steve Dozier

Defendant, Bruce D. Mendenhall, was indicted by the Davidson County Grand Jury for first degree premeditated murder, and he was convicted as charged following a jury trial. The trial court sentenced Defendant to life in prison. Defendant appeals his conviction and sentence and submits the following issues for our review: (1) whether the trial court erred by refusing to suppress evidence obtained from Defendant’s person, his truck, and his tractor trailer as a result of Defendant’s initial encounter with police Sgt. Postiglione, which Defendant asserts was a seizure not supported by reasonable suspicion; (2) whether the trial court erred by refusing to suppress Defendant’s statements to police officers; (3) whether Defendant’s statements to a fellow inmate should have been suppressed; (4) whether the trial court erred by admitting evidence that Defendant solicited another person to kill three potential witnesses; (5) whether the trial court erred by denying Defendant’s motion to exclude portions of Defendant’s phone calls recorded while Defendant was incarcerated; (6) whether the trial court erred by denying Defendant’s motion to present testimony from a ballistics expert at trial; (7) whether the trial court erred by admitting into evidence items recovered from Defendant’s truck; (8) whether the trial court erred by admitting into evidence photographs of the victim’s body; (9) whether the evidence is sufficient to support Defendant’s conviction; and (10) whether the trial court erred by ordering Defendant’s sentence to run consecutively to a previously imposed sentence. After a careful review of the record, we affirm the judgment of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Cynthia Denise Gray
M2011-02753-CCA-R3-CD
Authoring Judge: Judge John Everett Williams
Trial Court Judge: Judge Lee Russell

A jury convicted the defendant, Cynthia Denise Gray, of one count of the promotion of the manufacture of methamphetamine, a Class D felony, in violation of Tennessee Code Annotated section 39-17-433 (2010). The trial court sentenced her to serve three years and six months in prison as a Range I standard offender. The defendant challenges the sufficiency of the convicting evidence and the length of the sentence, as well as the trial court’s refusal to impose an alternative sentence. Having reviewed the record, we conclude that the evidence is sufficient and that there was no error in sentencing. Accordingly, we affirm the judgments of the trial court.

Bedford Court of Criminal Appeals

State of Tennessee v. April Nicole Cromwell
W2012-00209-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge C. Creed McGinley

The Defendant, April Nicole Cromwell, pleaded guilty to theft of property valued at more than $10,000, a Class C felony. See T.C.A.§ 39-14-103 (2010). The trial court sentenced the Defendant as a Range I, standard offender to three years with one year to serve and the remainder on probation. On appeal, the Defendant contends that the trial court erred by (1) failing to sentence her to community corrections or probation and (2) denying her request for judicial diversion. We affirm the judgment of the trial court.

Hardin Court of Criminal Appeals

State of Tennessee v. Candice Stinson
W2011-02441-CCA-R3-CD
Authoring Judge: Presiding Judge Joseph M. Tipton
Trial Court Judge: Judge Chris Craft

The Defendant, Candice Stinson, was convicted by a Shelby County Criminal Court jury of fourteen counts of cruelty to animals, a Class A misdemeanor. See T.C.A. § 39-14-202 (2010). For each count, the trial court imposed a sentence of eleven months and twenty-nine days, with six months to be served in jail, and a $200 fine, all to be served concurrently. The court also ordered her to pay $4824 in restitution to the City of Memphis Animal Services and prohibited her from owning animals for ten years and from owning animals for commercial purposes for life. On appeal, the Defendant contends that the trial court erred by denying her full probation and requiring her to serve seventy-five percent of her sentence before becoming eligible for release. We affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

State of Tennessee v. Harry Coleman
W2011-01546-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge John T. Fowlkes Jr.

A Shelby County Criminal Court Jury convicted the appellant, Harry Coleman, of second degree murder, aggravated assault, and two counts of assault. After a sentencing hearing, he received an effective eighteen-year sentence. On appeal, the appellant contends that the evidence is insufficient to support the convictions and that he is entitled to a new trial based on newly discovered evidence. Based upon the oral arguments, the record, and the parties’ briefs, we affirm the appellant’s convictions and the trial court’s denial of the motion for new trial. However, the case is remanded to the trial court for correction of a clerical error on two of the judgments.

Shelby Court of Criminal Appeals

State of Tennessee v. Jackson Martin
W2012-00144-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge W. Mark Ward

A Shelby County Criminal Court Jury convicted the appellant, Jackson Martin, of attempted second degree murder and two counts of carjacking. After a sentencing hearing, the trial court merged the carjacking convictions and sentenced him to an effective sentence of twenty-two years in confinement. On appeal, the appellant contends that (1) the trial court erred by commenting to the jury about his failure to present alibi witnesses; (2) the trial court erred by refusing to give the jury an alibi instruction; and (3) the evidence is insufficient to support the convictions. Based upon the record and the parties’ briefs, we affirm the judgments of the trial court.

Shelby Court of Criminal Appeals

Ronald Woods v. State of Tennessee
W2012-00563-CCA-R3-PC
Authoring Judge: Judge Roger A. Page
Trial Court Judge: Judge Chris Craft

 A Shelby County grand jury indicted petitioner, Ronald Woods, for three counts of assault. Petitioner pleaded guilty to one count of assault, and the State agreed to dismiss the two remaining counts. During the plea hearing, petitioner also pleaded guilty to several offenses in an unrelated case that was pending in the criminal court. He received an agreed-upon effective sentence of six years, eleven months, and twenty-nine days for both cases. Petitioner requested post-conviction relief, alleging: (1) that the State engaged in vindictive prosecution; (2) that he received ineffective assistance of counsel; (3) that his guilty plea was involuntary; and (4) that he was denied due process of law. Following our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Robert Nelson Buford, III
M2011-00323-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge J. Randall Wyatt

A Davidson County Criminal Court Jury convicted the appellant, Robert Nelson Buford, III, of facilitation of first degree felony murder and facilitation of attempted especially aggravated robbery. After a sentencing hearing, the appellant received an effective thirty-five-year sentence. On appeal, he contends that (1) the evidence is insufficient to support the convictions; (2) the trial court should have suppressed his statement to police because he invoked his right to remain silent; (3) his prior bad acts were inadmissible; (4) the trial court should have given the jury a requested instruction; and (5) his effective sentence is excessive. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the appellant’s statement into evidence because the appellant invoked his right to remain silent but that the error was harmless. Therefore, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Samuel Moore
M2011-01680-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Larry B. Stanley, Jr.

A Warren County Circuit Court Jury convicted the appellant, Samuel Moore, of attempted first degree murder, aggravated assault, and assault. The trial court imposed a total effective sentence of thirty-one years in the Tennessee Department of Correction. On appeal, the appellant challenges the State’s failure to provide him with a verbatim transcript of the suppression hearing, the trial court’s denial of his motion to suppress, the sufficiency of the evidence supporting his convictions, and the sentences imposed. Upon review, we affirm the judgments of the trial court.

Warren Court of Criminal Appeals

State of Tennessee vs. Gary Adams
M2011-00629-CCA-R3-CD
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge Cheryl A. Blackburn

A Davidson County Criminal Court Jury convicted the appellant, Gary Adams, of four counts of aggravated rape. The trial court imposed four, consecutive sentences of twenty-five years for a total effective sentence of 100 years in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his convictions, the trial court’s refusal to merge the convictions, and the sentences imposed by the trial court. Upon review, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals

Shawn Blair v. State of Tennessee
M2012-00066-CCA-R3-PC
Authoring Judge: Judge Norma McGee Ogle
Trial Court Judge: Judge David Bragg

The petitioner, Shawn Blair, appeals the post-conviction court’s dismissal of his petition for post-conviction relief from his two convictions for simple possession of marijuana and resulting consecutive sentences of eleven-months, twenty-nine days. On appeal, the petitioner contends that he is entitled to post-conviction relief because he was not advised by trial counsel or the trial court about the immigration consequences of his pleas. Upon review, we affirm the post-conviction court’s denial of the petition.

Rutherford Court of Criminal Appeals

Demetrius Byrd v. State of Tennessee
E2012-00070-CCA-R3-PC
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Barry A. Steelman

Petitioner, Demetrius Byrd, appeals the dismissal of his petition for post-conviction relief from felony drug convictions in which he alleged that his guilty plea was unknowingly and involuntarily entered due to the ineffective assistance of trial counsel. More specifically he contends that (1) trial counsel failed to properly investigate his case to determine that Petitioner’s co-defendant, Dominic Jones, pled guilty to the cocaine offense under a separate indictment and accepted full responsibility for the offense; and (2) trial counsel insisted that he plead guilty to avoid federal prosecution. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court.

Hamilton Court of Criminal Appeals

Juan A. Hill v. David Sexton, Warden
E2012-02077-CCA-R3-HC
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Robert E. Cupp

Juan A. Hill (“the Petitioner”) filed for habeas corpus relief, claiming that his judgment of conviction is void because it (1) is based on a defective indictment and (2) fails to reflect pretrial jail credits. The habeas corpus court denied relief, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the habeas corpus court.

Johnson Court of Criminal Appeals

Brandon Neal v. State of Tennessee
E2012-01563-CCA-R3-PC
Authoring Judge: Judge Jeffrey S. Bivins
Trial Court Judge: Judge Don W. Poole

Brandon Neal (“the Petitioner”) filed for post-conviction relief from his guilty pleas to attempted carjacking and aggravated assault, alleging that the Tennessee Department of Correction (“TDOC”) violated his due process rights by miscalculating his sentences and that TDOC’s actions have rendered his pleas constitutionally infirm. The post-conviction court summarily denied relief, and this appeal followed. Upon our thorough review of the record, we affirm the judgment of the post-conviction court.

Hamilton Court of Criminal Appeals

State of Tennessee v. Bruce D. Mendenhall
M2010-01381-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Steve R. Dozier

Following a jury trial, the Defendant, Bruce D. Mendenhall, was convicted of three counts and acquitted of two counts of solicitation to commit first degree murder, a Class B felony. See Tenn. Code Ann. §§ 39-12-102, -12-107, -13-202. The trial court sentenced the Defendant to ten years for each conviction and ordered that the sentences be served consecutively, for a total effective sentence of thirty years. In this appeal as of right, the Defendant contends the following: (1) that the trial court erred by denying his motion to sever two of the counts; (2) that the trial court erred by denying his motion to suppress his statements to the police; (3) that the trial court erred by denying his motion to suppress his statements made to a fellow inmate turned police informant; (4) that the trial court erred by denying his motion to suppress numerous letters the Defendant had sent from jail; (5) that the trial court erred by admitting redacted portions from numerous letters the Defendant had sent from jail and from several telephone conversations the Defendant had while in jail; (6) that the trial court erred by admitting evidence of another crime as "contextual background evidence;" (7) that the evidence was insufficient to sustain the Defendant’s convictions; and (8) that the trial court erred by imposing consecutive sentences.Following our review, we affirm the judgments of the trial court.

Davidson Court of Criminal Appeals