COURT OF CRIMINAL APPEALS OPINIONS

BRIAN CAMERON FRELIX v. STATE OF TENNESSEE
M2019-01070-CCA-R3-PC
Authoring Judge: Presiding Judge, John Everett Williams
Trial Court Judge: Judge Angelita Blackshear Dalton

After entering guilty pleas to aggravated robbery and facilitation of aggravated robbery, the Petitioner, Brian Cameron Frelix, sought and was denied post-conviction relief. The Petitioner appeals, asserting that he received ineffective assistance from his trial counsel when she did not file a motion to suppress a statement he had made to authorities in Williamson County. He also contends that the State violated his right to counsel because the inmate who was housed with him was a State agent who interrogated him without an attorney. After a thorough review of the record, we conclude that the Petitioner’s trial counsel did not provide ineffective assistance and that his Sixth Amendment claim has been previously determined. Accordingly, we affirm the post-conviction court’s denial of relief.

Davidson Court of Criminal Appeals

State of Tennessee v. James Edward Knight
M2019-00838-CCA-R3-CD
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Mark J. Fishburn

The Defendant, James Edward Knight, pled guilty to aggravated assault, a Class C felony, in exchange for a sentence of nine years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the sentence be served in confinement, which the Defendant now challenges. After review, we affirm the sentencing decision of the trial court.

Davidson Court of Criminal Appeals

State of Tennessee v. Johntel Billings
W2019-01596-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Roy B. Morgan, Jr.

The defendant, Johntel Billings, was indicted for one count of aggravated assault (Count 1), one count of attempted aggravated robbery (Count 2), one count of simple assault (Count 3), and one count of vandalism (Count 4). A Madison County jury convicted the defendant of aggravated assault, simple assault, and vandalism. The trial court imposed a four-year sentence with the Tennessee Department of Correction. On appeal, the defendant argues the evidence was insufficient to support her aggravated assault conviction. The defendant also argues the trial court erred in sentencing her to four years of confinement, rather than probation. Upon review, we affirm the judgment of the trial court.

Madison Court of Criminal Appeals

Oscar Smith v. State of Tennessee
M2020-00485-CCA-R3-ECN
Authoring Judge: Judge Thomas T. Woodall
Trial Court Judge: Judge Angelita Blackshear Dalton

Following a jury trial in 1990, Oscar Smith was sentenced to receive the death penalty in each of three first degree murder convictions in the Criminal Court of Davidson County. The Tennessee Supreme Court affirmed the convictions and sentences of death in State v. Smith, 868 S.W.2d 561 (Tenn. 1993). Mr. Smith is scheduled to be executed February 4, 2021. This appeal by Mr. Smith is from the trial court’s summary dismissal of “Oscar Smith’s Omnibus Request for Relief on His Jury Claims,” (hereinafter “Omnibus Request”). After oral arguments and review of the briefs and the appellate record, we affirm the judgment of the trial court in part, and dismiss the appeal in part.

Davidson Court of Criminal Appeals

State of Tennessee v. Tevin Mantez Harris
M2019-01758-CCA-R3-CD
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Jill Bartee Ayers

Following a bench trial, the trial court convicted the Defendant, Tevin Mantez Harris, of first degree premeditated murder and imposed the statutory sentence of life in prison. On appeal, the Defendant asserts that: (1) the trial court erred when it denied his motion to suppress; (2) the evidence is insufficient to support his conviction; and (3) the trial court improperly permitted the State to refresh a witness’s memory. After review, we affirm the trial court’s judgment.

Robertson Court of Criminal Appeals

State of Tennessee v. Antonio Reed
W2019-01489-CCA-R3-CD
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge Clayburn Peeples

A Crockett County jury convicted the defendant, Antonio Reed, of possession with intent to sell or deliver .5 grams or more of methamphetamine and introduction of contraband into a penal facility. Following a sentencing hearing, the trial court imposed an effective sentence of ten years in confinement. On appeal, the defendant challenges the sufficiency of the evidence to support his convictions and argues the trial court erred in admitting the drugs and lab report without a proper showing of the chain of custody. After reviewing the record and considering the applicable law, we affirm the judgments of the trial court.

Crockett Court of Criminal Appeals

State of Tennessee v. Nelson Yojeni Ochoa-Puentes
M2019-01627-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge David D. Wolfe

The defendant, Nelson Yojeni Ochoa-Puentes, appeals his Dickson County Circuit Court jury conviction of attempted second degree murder, arguing that the evidence was insufficient to support his conviction and that the trial court erred by admitting evidence of his immigration status. Discerning no error, we affirm.

Dickson Court of Criminal Appeals

State of Tennessee v. Terry Lin Johnson
M2019-02234-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Gary McKenzie

Defendant, Terry Lin Johnson, appeals from the trial court’s full revocation of probation in November 2019. Defendant argues that the trial court abused its discretion when it required Defendant to serve his entire sentence because no substantial evidence of a probation violation was presented at the probation revocation hearing. Defendant also argues that the trial court acted too harshly when it required Defendant to serve his entire sentence. After conducting a thorough review of the record, we affirm the judgment of the trial.

Putnam Court of Criminal Appeals

State of Tennessee v. Paul N. Galbreath
M2019-00290-CCA-R3-CD
Authoring Judge: Judge D. Kelly Thomas, Jr.
Trial Court Judge: Judge Suzanne M. Lockert-Mash

The Defendant, Paul N. Galbreath, was convicted after a jury trial of the knowing physical abuse or gross neglect of an impaired adult, a Class C felony. See Tenn. Code Ann. § 71-6-119 (2011). In this appeal as of right, the Defendant contends that the evidence was insufficient to prove that he knowingly neglected or abused the victim. Following our review, we affirm the judgment of the trial court.

Humphreys Court of Criminal Appeals

Timothy Aldridge v. State of Tennessee
W2019-01294-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Chris Craft

The Petitioner, Timothy Aldridge, entered a guilty plea to second-degree murder and received a sentence of forty years’ imprisonment. He now appeals from the denial of postconviction relief, arguing that trial counsel was ineffective in misleading him to believe that, by pleading guilty, he would be incarcerated at the Lois M. DeBerry Special Needs Facility (“DeBerry”). He also argues that his guilty plea was not knowingly and voluntarily entered based on trial counsel’s assurance of the same. Upon our review, we affirm the judgment of the post-conviction court.

Shelby Court of Criminal Appeals

State of Tennessee v. Kareem Northington
M2019-01179-CCA-R3-CD
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge Jill Bartee Ayers

Kareem Northington, Defendant, appeals from the summary dismissal of his motion to correct an illegal sentence, filed pursuant to Tennessee Rule of Criminal Procedure 36.1. After a review of the record, we affirm the judgment of the trial court.

Montgomery Court of Criminal Appeals

Audarius Watts v. State of Tennessee
M2019-00849-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Brody N. Kane

The Petitioner, Audarius Watts, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court abused its discretion in summarily dismissing the petition. Following our review, we affirm the summary dismissal of the petition as time-barred.

Trousdale Court of Criminal Appeals

State of Tennessee v. Omari Shakir Davis
M2020-00300-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Cheryl Blackburn

In this, his second delayed appeal, the defendant, Omari Shakir Davis, appeals the sentence imposed for his Davidson County Criminal Court guilty-pleaded conviction of possession with intent to sell or deliver 15 grams or more of a substance containing heroin, arguing that the trial court erred imposing an 18-year, fully-incarcerative sentence. Discerning no error, we affirm.

Davidson Court of Criminal Appeals

State of Tennessee v. Jeffrey Mansir
E2019-01419-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Tammy M. Harrington

The Defendant-Appellant, Jeffrey Mansir, was convicted by a Blount County jury of kidnapping, in violation of Tennessee Code Annotated section 39-13-303, and assault, in violation of Tennessee Code Annotated section 39-13-101.1 He was sentenced as a Range II multiple offender to ten years’ imprisonment, to be served consecutively to a Knox County conviction. In this appeal as of right, the Defendant presents the following issues for our review: (1) whether the evidence is sufficient to sustain the Defendant’s conviction for kidnapping; (2) whether the trial court erred in denying the Defendant’s request for a mistrial following an improper comment by the victim; and (3) whether the trial court erred in sentencing the Defendant as a Range II offender based on a prior out of state felony conviction. Following our review, we affirm the judgments of the trial court.

Blount Court of Criminal Appeals

State of Tennessee v. Donald Gardner
E2019-01283-CCA-R3-CD
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge James L. Gass

The defendant, Donald Gardner, appeals his Cocke County Circuit Court jury conviction of aggravated sexual battery, arguing that the evidence adduced at trial was insufficient to support his conviction. Discerning no error, we affirm.

Cocke Court of Criminal Appeals

State of Tennessee v. Dallas Sarden
E2019-01616-CCA-R3-CD
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Stacy L. Street

The Defendant-Appellant, Dallas Sarden, was convicted by a Washington County jury of first-degree felony murder and robbery, for which he received an effective sentence of life imprisonment plus five years. In this appeal as of right, the Defendant raises the following issues for our review: (1) whether the State committed prosecutorial misconduct and whether the trial court abused its discretion in denying the Defendant’s request for a mistrial based on the same; (2) whether the trial court erred in allowing the introduction of pre-recorded testimony of the forensic pathologist and whether the photographs displayed during the testimony unduly prejudiced the Defendant; (3) whether the evidence is sufficient to sustain the Defendant’s convictions; and (4) whether the Defendant is entitled to relief under the cumulative error doctrine. After a thorough review of the relevant facts and the applicable law, we affirm the judgments of the trial court.

Washington Court of Criminal Appeals

Jose Alvarado v. State of Tennessee
M2019-01261-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Jose Alvarado, appeals from the Davidson County Criminal Court’s denial of post-conviction relief from his conviction for aggravated sexual battery. On appeal, the Petitioner argues that his trial counsel provided ineffective assistance in failing to call certain witnesses and present certain evidence and that trial counsel’s actions deprived him of his right to testify at trial. Following our review, we affirm the judgment of the post-conviction court.

Davidson Court of Criminal Appeals

Felix Hall v. State of Tennessee
W2019-00242-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Jennifer J. Mitchell

The Petitioner, Felix Hall, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his convictions for theft of property valued at $10,000 or more but less than $60,000, burglary of a building other than a habitation, and theft of property valued at $500 or less. The Petitioner contends that he received ineffective assistance of counsel. After review, we affirm the judgment of the postconviction court.

Shelby Court of Criminal Appeals

Joe Jackson v. State of Tennessee
W2019-00731-CCA-R3-PC
Authoring Judge: Judge Camille R. McMullen
Trial Court Judge: Judge Lee V. Coffee

Pro se petitioner, Joe Jackson, appeals from the summary dismissal of his petition for postconviction relief arguing, inter alia, that the post-conviction court erred in (1) dismissing his petition without a hearing; and (2) denying his motion to recuse. Upon our review, we reverse the judgment of the post-conviction court and remand this matter for proceedings consistent with this opinion.

Shelby Court of Criminal Appeals

Ryan D. Buford v. State of Tennessee
M2019-00424-CCA-R3-PC
Authoring Judge: Judge Alan E. Glenn
Trial Court Judge: Judge Steve R. Dozier

The Petitioner, Ryan D. Buford, appeals the denial of his petition for post-conviction relief, asserting that he received ineffective assistance of trial and appellate counsel. After review, we affirm the denial of the petition.

Davidson Court of Criminal Appeals

Trevon Scott Barcus v. State of Tennessee
E2019-02206-CCA-R3-HC
Authoring Judge: Judge D. Kelly Thomas
Trial Court Judge: Judge E. Shayne Sexton

The Petitioner, Trevon Scott Barcus, appeals as of right from the Scott County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. He claims entitlement to habeas corpus relief, alleging that (1) his separate federal and state convictions for failing to register as a sex offender violate double jeopardy principles; (2) he entered an unknowing and involuntary guilty plea because the trial court failed to inform him that he could not transfer the supervision of his probation to another state; and (3) that this “categorical” prohibition on travel constitutes cruel and unusual punishment and violates principles of substantive due process. Following our review, we conclude that the Petitioner has failed to state a cognizable claim for relief and, therefore, affirm the summary dismissal of his petition.

Scott Court of Criminal Appeals

Santos M. Martinez-Aleman v. Russell Washburn, Warden
M2019-02174-CCA-R3-HC
Authoring Judge: Judge Timothy L. Easter
Trial Court Judge: Judge John D. Wootten, Jr.

Santos M. Martinez-Aleman, Petitioner, appeals from the denial of habeas corpus relief from his guilty plea to two counts of sexual battery and resulting twelve-year sentence. After a review, we affirm the denial of habeas corpus relief.

Trousdale Court of Criminal Appeals

Paul Wright v. State of Tennessee
W2019-02116-CCA-R3-PC
Authoring Judge: Judge Robert W. Wedemeyer
Trial Court Judge: Judge Joseph H. Walker, III

The Petitioner, Paul Wright, pleaded guilty to six counts of rape of a child, a Class A felony, and seven counts of aggravated sexual battery, a Class B felony. The trial court imposed an effective sentence of twenty-five years. The Petitioner timely filed a postconviction petition, alleging that his guilty plea was not knowing and voluntary and that he received the ineffective assistance of counsel. After a hearing, the post-conviction court denied relief, concluding that the Petitioner had not proven Counsel was deficient or shown prejudice. On appeal, the Petitioner maintains his guilty plea was not knowing and voluntary and that he received the ineffective assistance of counsel. After review, we affirm the post-conviction court’s judgment.

Lauderdale Court of Criminal Appeals

Shawn Gibson Delosh v. State of Tennessee
W2019-01760-CCA-R3-PC
Authoring Judge: Judge J. Ross Dyer
Trial Court Judge: Judge R. Lee Moore, Jr.

The petitioner, Shawn Gibson Delosh, appeals the denial of his post-conviction petition arguing the post-conviction court erred in finding he received effective assistance of counsel at trial and on appeal. Following our review, we affirm the post-conviction court’s denial of the petition.

Dyer Court of Criminal Appeals

Coty Shane Smith v. State of Tennessee
E2019-00963-CCA-R3-PC
Authoring Judge: Judge James Curwood Witt, Jr.
Trial Court Judge: Judge Sandra Donaghy

The petitioner, Coty Shane Smith, appeals the denial of his petition for post-conviction relief, which petition challenged his
guilty-pleaded conviction of second degree murder, alleging that he was deprived of the effective assistance of counsel. Discerning no error, we affirm the denial of post-conviction relief.

Monroe Court of Criminal Appeals