The following Opinions are available for download:
Cases posted the week of 06/27/2005
State vs. Christopher Ebbs, Alias -
E2004-02054-CCA-R3-CD View
Knox County - The appellant, Chris Ebbs, pled guilty
in May of 1996 to attempted aggravated sexual battery and was sentenced
to six (6) years in the Department of Correction. The trial court suspended
the sentence to probation for six (6) years conditioned upon various
requirements. In June of 2001, a probation violation warrant was filed.
As a result, the trial court revoked the appellant's suspended sentence
and ordered the appellant to serve the six-year sentence in confinement.
On appeal, the appellant challenges the trial court's decision to revoke
probation. After a review of the record and applicable legal authorities
we conclude the judgment of the trial court must be affirmed.
State vs. William F. Cain - E2004-01462-CCA-R3-CD View
Polk County - The Appellant, William F. Cain, was convicted
of misdemeanor stalking and sentenced to eleven months and twenty-nine
days in the county jail. On appeal, Cain raises two issues for our review:
(1) whether the evidence is sufficient to support the conviction and
(2) whether he should have received a suspended sentence. After review,
the judgment of conviction and sentence are affirmed.
State vs. James Erskin McCullough -
E2004-02669-CCA-R3-CD View
Hamiton County - The Defendant, James Erskin McCullough,
pled guilty to various offenses, and, while he was on probation for
these convictions, a probation violation report was filed, stating that
the Defendant failed to report to his probation officer and was arrested
for theft. After a hearing, the trial court revoked the Defendant's
probation, and it ordered that the Defendant serve the remainder of
his sentence in prison. On appeal, the Defendant contends that the evidence
is insufficient to revoke the Defendant's probation, and, therefore,
the trial court abused its discretion by revoking his probation. After
thoroughly reviewing the record and the applicable authorities, we affirm
the trial court's judgment.
State vs. David Fountain - E2004-01226-CA-R3-CD View
Rhea County - The defendant, David Wayne Fountain,
appeals from the Rhea County Circuit Court's revocation of his probation.
Because the record supports the revocation of probation, we affirm the
revocation; however, to avoid a length of confinement that exceeds the
defendant's release eligibility as a Range I offender, we modify the
post-revocation terms of the manner of service of the defendant's two-year
sentence.
Archie Miller vs. State - E2004-01134-CCA-R3-PC View
Sullivan County - The petitioner, Archie L. Miller,
appeals the Sullivan County Criminal Court's dismissal of his petition
for post-conviction relief in which he challenged his three 2002 convictions
of selling cocaine. The post-conviction court appointed counsel, who
filed an amended petition, and the court conducted an evidentiary hearing.
Following the hearing, the court found that the petitioner failed to
establish the ineffective assistance of trial counsel and denied post-conviction
relief. We affirm the action of the post-conviction court.
State vs. Kevin Bufford - M2004-00536-CCA-R3-CD View
Davidson County - The appellant, Kevin Bufford, pled
guilty to one (1) count of aggravated robbery and one (1) count of carjacking
while reserving a certified question of law for appeal. In that certified
question of law, the appellant challenges the trial court's denial of
a motion to suppress the evidence obtained as the result of what the
appellant argues was an illegal arrest. Because we determine that the
certified question is not dispositive, we dismiss the appeal and remand
the matter to the trial court for any further proceedings which may
be necessary.
Anthony Forster vs. State - M2004-00452-CCA-R3-PC View
Davidson County - The petitioner, Anthony D. Forster,
appeals the summary dismissal of his petition for post-conviction relief.
The judgment of the post-conviction court is affirmed.
State vs. Michael Martin - M2004-00455-CCA-R3-CD View
Davidson County - On March 25, 2002, the defendant,
Michael Ricardo Martin, was indicted by the Davidson County Grand Jury
on two (2) counts of rape for an incident that occurred on November
27, 2001. A jury trial was held and the defendant was convicted of one
(1) count of rape and one (1) count of sexual battery. The trial court
sentenced the defendant to concurrent sentences of ten (10) years for
the rape conviction and two (2) years for the sexual battery conviction.
On appeal the defendant argues that the trial court erred by not granting
his motion for judgment of acquittal, by granting the State's motion
in limine regarding evidence concerning a prior hymenal injury sustained
by the victim and by sentencing the defendant to a ten (10) year effective
sentence. We affirm the judgments of the trial court.
State vs. Lorenzo Malone - M2003-02770-CCA-R3-CD View
A Wilson County jury convicted the defendant, Lorenzo Malone,
for first degree felony murder under the theory of criminal responsibility.
The trial court sentenced him to life with the possibility of parole.
On appeal, he argues that the trial court erred by: (1) refusing to
strike a potential juror for cause; (2) admitting photographs of the
victim and a videotape into evidence; and (3) failing to grant a mistrial
based upon impropriety in the State's closing argument. We affirm the
judgment of the trial court.
State vs. Jason Ruiz - M2004-01725-CCA-R3-CD View
Mafrshall County - The Appellant, Jason Allen Ruiz,
appeals the sentencing decision of the Marshall County Circuit Court
denying his motion for suspension of his sentence. Following a guilty
plea to Class B felony sale of cocaine, Ruiz received an eight-year
sentence with service of one year in confinement. At the sentencing
hearing, Ruiz refused to name his drug sources. At the conclusion of
the hearing, the trial court informed Ruiz that after serving 120 days
in jail, the remainder of his incarceration period would be suspended
if he revealed the names of those who supplied him drugs. Ruiz petitioned
for suspension of his sentence after serving 120 days in confinement.
He persisted, however, in his refusal to identify his drug sources because
he feared retaliation. Ruiz's motion for suspension of his sentence
was denied. After de novo review, we conclude that the trial court improperly
considered Ruiz's refusal to reveal his drug sources. Accordingly, the
judgment of the trial court is reversed, and the balance of the Appellant's
sentence of incarceration is suspended.
Quinton G. Stewart vs. State - M2004-02667-CCA-R3-HC View
Davdison County - The petitioner appeals from the trial
court's dismissal of his pro se petition for writ of habeas corpus.
Following our review, we affirm the judgment of the trial court.
State vs. Kenneth Hayes - M2004-00715-CCA-R3-CD View
Davidson County - The Appellant, Kenneth Hayes, appeals
the revocation of his probation by the Davidson County Criminal Court.
In 1997, Hayes pled guilty to felony possession of cocaine and was sentenced
to a term of eight years with service of one year in confinement followed
by supervised probation. In 2004, a probation violation warrant was
issued alleging that Hayes violated probation by possessing cocaine.
At the revocation hearing, Hayes sought suppression of the cocaine upon
grounds that it was illegally seized. The trial court found that the
police search was valid and revoked Hayes' suspended sentence. After
review, we conclude that the cocaine was illegally seized. Notwithstanding,
we further conclude that in the absence of police harassment or that
the evidence was obtained in a particularly offensive manner, the exclusionary
rule is not applicable to probation revocation proceedings. Accordingly,
the order of revocation is affirmed.
State vs. Augustine John Lopez, III -
M2003-02307-CCA-R3-CD View
Davdison County - The Appellant, Augustine John Lopez,
III, was convicted by a Davidson County jury of first degree felony
murder and theft of property over $1000 and subsequently received concurrent
sentences of life imprisonment and five years for the respective convictions.
On appeal, Lopez raises four issues for our review: (1) whether the
evidence is sufficient to support the convictions: (2) whether the trial
court erred in allowing testimony by a police officer concerning fingerprint
evidence; (3) whether the trial court erred in excluding the hearsay
statements of a witness which indicated her possible involvement in
the murder; and (4) whether the trial court's sequential jury instruction
was error. After review of the record, the judgments of conviction are
affirmed.
Randy Overbay vs. State - E2004-02772-CCA-R3-HC View
Johnson County - The petitioner, Randy Overbay,
appeals from the trial court’s order dismissing his petition
for writ of habeas corpus. The state has filed a motion requesting
that this court affirm the trial court’s denial of relief
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
The petition fails to establish a cognizable claim for habeas
corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
State vs. Peter James Bates - E2004-00144-CCA-R3-CD View
Sullivan County - The appellant, Peter James
Bates, was convicted by a jury in the Sullivan County Criminal
Court of selling .5 grams or more of cocaine within 1,000 feet
of a school. He received a sentence of twenty-four years incarceration
in the Tennessee Department of Correction. On appeal, the appellant
challenges the sufficiency of the evidence, the trial court’s
rulings on various suppression motions, and sentencing. Upon our
review of the record and the parties’ briefs, we affirm
the judgment of the trial court.
Edward Jerome Harbison vs. State -
E2004-00885-CCA-R28-PD View
In 1983, a Hamilton County Criminal Court jury convicted
the petitioner, Edward Jerome Harbison, of first degree murder and sentenced
him to death. The supreme court affirmed the conviction on direct appeal.
See State v. Harbison, 704 S.W.2d 314 (Tenn. 1986). Subsequently, the petitioner
filed a post-conviction petition. The trial court denied post-conviction
relief, and this court affirmed. See Edward Jerome Harbison v. State, No.
03C01-9204-CR-00125, 1996 Tenn. Crim. App. LEXIS 307 (Knoxville, May 20,
1996). Upon alleged discovery of new evidence, the petitioner moved to reopen
his post-conviction petition. The trial court converted the motion to a
petition for writ of error coram nobis and denied relief. Upon review of
the record and the parties’ briefs, we affirm the judgment of the
trial court.
Cases posted the week of 06/20/2005
Thomas Wray vs. State - E2004-02901-CCA-R3-HC View
Bledsoe County - The appellant, Thomas Wray,
appeals from the denial of his petition for the writ of habeas
corpus wherein he alleges that his guilty pleas and sentences
in the Hamilton County Criminal Court to two (2) offenses committed
while he was a juvenile are void. For the reasons stated below
we find that the habeas court properly denied habeas corpus relief
and we therefore affirm the decision of the lower court.
State vs. Ronald Benjamin Irwin -
E2004-01560-CCA-R3-CD View
Sullivan County - The appellant, Ronald Benjamin
Irwin, was convicted by a jury of aggravated robbery. As a result,
the appellant was sentenced as a Range I, standard offender to
a nine-year sentence. On appeal, the appellant challenges the
sufficiency of the evidence and his sentence as excessive. Because
we determine that the evidence was sufficient to support the conviction
and that the trial court did not err in sentencing the appellant
to serve nine (9) years in incarceration, we affirm the judgment
of the trial court.
State vs. Kenneth Buford, Alias -
E2004-01780-CCA-R3-CD View
Knox County - The defendant appeals his conviction
for reckless endangerment, contending specifically that the evidence
was insufficient to prove that he placed anyone in imminent danger
of death or serious bodily injury. Upon review, we conclude that
because the defendant fired the gun in the air, away from any
person or potentially occupied building, the evidence is insufficient
to sustain his conviction. Therefore, we reverse the conviction
and dismiss the charges.
State v. Michael L. Calandros -
E2004-02382-CCA-R3-CD View
Sullivan County - The defendant appeals the trial court's
denial of pretrial jail credits. We conclude that Tennessee Rule of
Appellate Procedure 3 does not provide an appeal as of right from the
trial court's action. Moreover, because the sentence is neither illegal
nor void, the appeal cannot be treated as a writ of certiorari. Therefore,
because this matter is not properly before us, we dismiss the appeal.
State vs. Aaron T. James -
M2004-00808-CCA-R3-CD View
Davidson County - The defendant, Aaron T. James,
was convicted of especially aggravated kidnapping and the trial
court imposed a sentence of sixty years. In this appeal, he asserts
(1) that the evidence is insufficient; (2) that the trial court
erred by limiting the questioning of a witness; (3) that the trial
court erred by refusing to provide a jury instruction on the defense
of necessity; (4) that the trial court committed plain error by
permitting the state to make improper commentary on the law during
closing argument; and (5) that the trial court erred by ordering
that the defendant serve the sentence he received in this case
consecutively to the sentence for a previous conviction. The judgment
of the trial court is affirmed.
State vs. Patricia Marie Jenson -
M2003-02848-CCA-R3-CD View
(Dissent) - View
Davidson County - The appellant, Patricia Marie Jenson,
was convicted by a jury in the Davidson County Criminal Court of child neglect
and possession of drug paraphernalia. She received a total effective sentence
of four years, to be served on community corrections. On appeal, the appellant
challenges the sufficiency of the evidence supporting her conviction for
child neglect and the sentence imposed by the trial court on that offense.
Upon our review of the record and the parties’ briefs, we affirm the
judgments of the trial court.
State vs. Jesse Ross Smith -
M2004-01372-CCA-R3-CD View
The appellant, Jesse Ross Smith, pled guilty in the Bedford County Circuit
Court to aggravated robbery, aggravated assault, possession of a prohibited
weapon, and driving on a revoked license. Pursuant to the plea agreement,
the trial court was to determine the length of the sentence. After a sentencing
hearing, the trial court ordered an effective twenty-six-year sentence in
the Department of Correction (DOC). On appeal, the appellant claims the
trial court improperly enhanced his sentences in light of Blakely v. Washington,
542 U.S. ___, 124 S. Ct. 2531 (2004), and improperly sentenced him as a
Range II offender. Upon review of the record and the parties’ briefs,
we affirm the judgments of the trial court.
Erika East vs. State - M2003-02329-CCA-R3-PC View
Rutherford County - The Petitioner, Erika East,
filed a petition for post-conviction relief contending that she
received ineffective assistance of counsel. After a hearing, the
post-conviction court denied the petitioner’s request for
post-conviction relief. Finding no reversible error, we affirm
the judgment of the post-conviction court.
State vs. Alice Smotherman -
M2004-01724-CCA-R3-CD View
Wayne County - The Defendant, Alice Smotherman,
pled guilty to possession of a Schedule IV controlled substance
for resale, a Class D felony, after the trial court denied her
motion to suppress evidence seized pursuant to a search warrant.
As part of the plea agreement, she reserved the right to appeal
a certified question of law pursuant to Tennessee Rule of Criminal
Procedure 37(b)(2)(i). The certified question reserved for review
was "whether or not the affidavit in the search warrant is sufficient
to establish truthfulness, reliability and veracity of information
that [an] unnamed third party conveyed to affiant which established
probable cause for the issuance of the search warrant; and whether
or not the search warrant complied with Rule 41(c) of the Tennessee
Rules of Criminal Procedure." Because the record on appeal is
incomplete, we must conclusively presume the ruling of the trial
court was correct. Accordingly, we affirm the decision of the
trial court.
State vs. David Lee Wakefield -
M2004-02290-CCA-R3-CD View
A Maury County Jury convicted the Defendant, David Lee
Wakefield, of driving under the influence (“DUI”). The trial
court granted the defendant’s motion for a judgment of acquittal,
and the State now appeals. Finding that there exists reversible error, we
reverse the judgment of the trial court and remand the case for a new trial.
State vs. Walter Williams, Jr. -
M2004-01781-CCA-R3-CD View
The appellant, Walter Williams, Jr., pled guilty in the Humphreys
County Circuit Court to driving under the influence (DUI), fourth
offense, a Class E felony, and driving on a revoked license, a Class B misdemeanor.
For the DUI conviction, the trial court sentenced the appellant to one year
in jail, to be suspended after serving one hundred fifty days in jail, imposed
a three thousand dollar fine, and suspended the appellant’s driver’s
license for five years. For the driving on a revoked license conviction,
the trial court sentenced the appellant to six months, to be suspended after
serving two days in jail. The trial court ordered that the sentence for
the driving on a revoked license conviction be served consecutively to the
sentence for DUI. Pursuant to the plea agreement, the appellant reserved
the right to appeal a certified question of law challenging the trial court’s
denial of his motion to suppress. Upon review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
Daylon Roberts vs. State - E2004-02965-CCA-R3-HC View
Johnson County - The petitioner, Daylon Roberts,
appeals from the trial court's order denying his petition for
writ of habeas corpus. The state has filed a motion requesting
that this court affirm the trial court's denial of relief pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals. The
petitioner has failed to establish a cognizable claim for habeas
corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
State vs. Daniel Blake -
W2004-01253-CCA-R3-CD View
Shelby County - The defendant, Daniel Blake,
stands convicted of aggravated vehicular homicide, attempt to
leave the scene of an accident, and driving on a revoked or suspended
license, and he is serving an effective sentence of 25 years.
He has appealed his aggravated vehicular homicide conviction and
claims that the state failed to prove beyond a reasonable doubt
that his blood-alcohol content was above .20 percent and that
he had previously been convicted of DUI. After thoroughly reviewing
the record and applicable authorities, we find sufficient evidence
to support the conviction and affirm the judgment.
State vs. Clarence
Gaston - W2004-01703-CCA-R3-PC View
Obion County - The petitioner, Clarence Carnell
Gaston, appeals the Obion County Circuit Court’s dismissal
of his petition for post-conviction relief, in which he challenged
his 2001 convictions of first degree felony murder, second degree
murder, and conspiracy to commit second degree murder. See State
v. Clarence Carnell Gaston, No. W2001-02046-CCA-R3-CD (Tenn. Crim.
App., Jackson, Feb. 7, 2003) (affirming the petitioner’s
convictions and sentences), perm. app. denied (Tenn. 2003). After
appointing counsel, the post-conviction court conducted a hearing
on May 24, 2004. Following the hearing, the court denied post-conviction
relief. We affirm the post-conviction court’s judgment.
State vs. Qawi Nur - W2004-01259-CCA-R3-CD View
Shelby County - Defendant, Qawi Nur, a/k/a/ Darrius
James, was indicted on one count of first degree felony murder
and one count of first degree premeditated murder. The State filed
a notice of intent to seek the death penalty. Following a jury
trial, defendant was convicted of first degree felony murder in
count one and second degree murder in count two. The trial court
merged defendant’s second degree murder conviction into
his first degree felony murder conviction. The jury sentenced
defendant to life imprisonment without the possibility of parole
for his first degree murder conviction. The sole issue raised
on appeal challenges the sufficiency of the convicting evidence.
After a thorough review of the record, we affirm the judgment
of the trial court.
State vs. Eddrick John -
W2004-01250-CCA-R3-CD View
Shelby County - The defendant, Eddrick Johnson,
originally charged with two counts of aggravated robbery, was
convicted of two counts of facilitation of aggravated robbery.
The trial court merged the convictions and imposed a Range II
sentence of seven years. In this appeal of right, the defendant
challenges the sufficiency of the evidence and argues that he
was improperly sentenced as a Range II offender. The judgment
is affirmed.
State vs. Patrick Marshall -
W2004-01593-CCA-R3-CD View
Madison County - The defendant, Patrick John
Marshall, entered pleas of guilt to one count of possession of
cocaine with intent to sell and one count of possession of marijuana
in exchange for an effective sentence of twelve years, to be served
on community corrections. The trial court later revoked the community
corrections sentence and, after a sentencing hearing, imposed
a Range II sentence of twenty years' incarceration. In this appeal,
the defendant asserts that the sentence is excessive. The judgment
of the trial court is affirmed.
State vs. Kent Ousley - W2004-02078-CCA-R3-HC View
Lauderdale County - The petitioner, Kent Ousley,
appeals the trial court’s denial of his petition for habeas
corpus relief. The single issue presented for review is whether
the petition was properly dismissed. The judgment is affirmed.
State vs. Rickie Reed - W2004-01878-CCA-R3-PC View
Shelby County - The petitioner, Rickie Reed,
appeals from the trial court's denial of post-conviction relief.
The single issue presented for review is whether the petitioner
was denied the effective assistance of counsel at trial. The judgment
is affirmed.
Cases posted the week of 06/13/2005
State vs. William E. Pewitt - Filed
M2004-02479-CCA-R3-CD View
Williamson County - The Defendant, William E. Pewitt,
pled guilty to one count of theft over $1000.00, one count of burglary,
and one count of theft over $500.00. The trial court sentenced the Defendant
to an effective sentence of two years, and the Defendant appeals, contending
that the trial court erred when it denied him alternative sentencing.
Finding no reversible error, we affirm the judgments of the trial court.
Mario Leggs vs. State - M2004-00756-CCA-R3-PC View
Davidson County - The petitioner, Mario Antoine Leggs,
appeals the denial of his petition for post-conviction relief. In this
appeal, he contends that he was denied the effective assistance of counsel.
In addition, he asserts that the ruling in Blakely v. Washington, 542
U.S. __, 124 S. Ct. 2531 (2004), renders his sentences invalid. The
judgment of the post-conviction court is affirmed.
Cedrick Mitchell vs. State - M2004-00861-CCA-R3-PC View
(Concur) - View
Giles County - Petitioner, Cedrick Konard Mitchell,
appeals from the denial of his petition for post-conviction relief.
In his appeal, Petitioner contends that his trial counsel rendered ineffective
assistance of counsel in connection with the negotiation and entry of
Petitioner's best interest guilty plea to the charges of assault and
driving on a suspended license, and that his guilty plea was not knowingly
or voluntarily entered into. After a careful review of the record in
this matter, we affirm the judgment of the trial court.
Michael McDade vs. State - M2004-02493-CCA-R3-PC View
Wilson County - The petitioner, Michael D. McDade,
appeals the denial of his petition for post-conviction relief, arguing
that his guilty plea was unknowing and involuntary and he was denied
the effective assistance of trial counsel. Following our review, we
affirm the post-conviction court's denial of the petition.
State vs. Wesley Brown - M2003-02804-CCA-R3-CD View
Davidson County - The defendant, Wesley Earl Brown,
was convicted of two counts of rape of a child, a Class A felony, and
three counts of aggravated sexual battery, a Class B felony, and was
sentenced to twenty-five years for each rape conviction, to be served
consecutively, and ten years for each sexual battery conviction, to
be served concurrently but consecutively to the rape convictions, for
a total effective sentence of sixty years. On appeal, he argues: (1)
the evidence was insufficient to support his convictions; (2) the trial
court erred in admitting evidence of prior bad acts; and (3) the trial
court erred in sentencing. Following our review, we affirm the judgments
of the trial court.
State vs. LeShaun Norwood - M2003-00541-CCA-R3-CD View
Maury County - A Maury County Circuit Court jury found
the appellant, LeShaun Norwood, guilty of second degree murder, and
the trial court sentenced him to twenty-five years in the Department
of Correction (DOC). In this appeal, the appellant claims (1) that the
evidence is insufficient to support the conviction, (2) that the trial
court erred by refusing to suppress his confession to police, and (3)
that the trial court erred by admitting prejudicial photographs into
evidence. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs. Joseph Wilson - M2003-02151-CCA-R3-CD View
Robertson County - Defendant was indicted for evading
arrest, a Class E felony, in count one; for carjacking, a Class B felony,
in count two; for reckless endangerment of Officer Billy Moyer, a Class
E felony, in count three; for reckless endangerment of Officer Joe MacLeod,
a Class E felony, in count four; for driving on a canceled, suspended
or revoked license, subsequent offense, a Class A misdemeanor, in count
five; and resisting arrest, a Class B misdemeanor, in count six. Following
a jury trial, Defendant was found guilty of Class E felony evading arrest,
carjacking, reckless endangerment of Officer Moyer, and driving on a
revoked license in counts one, two, three and five. Defendant was found
not guilty of reckless endangerment of Officer MacLeod and resisting
arrest in counts four and six. The trial court sentenced Defendant as
a Range II, multiple offender, to two years for the felony evading arrest
conviction, twelve years for the carjacking conviction, two years for
the reckless endangerment conviction, and eleven months, twenty-nine
days for the driving on a revoked license conviction. The trial court
ordered Defendant to serve his sentences concurrently for an effective
sentence of twelve years. On appeal, Defendant argues that the evidence
was insufficient to support his convictions for carjacking and reckless
endangerment, and that the trial court erred in not instructing the
jury on robbery and theft of property as lesser included offenses of
carjacking. Following a thorough review of the record, we affirm the
judgments of the trial court.
State vs. Cecil E. Anderson - M2004-02100-CCA-R3-PC View
Williamson County - The defendant was indicted on one
count of aggravated robbery (a Class B felony). Following a jury trial,
he was convicted of the lesser included offense of robbery (a Class
C felony) and was sentenced as a career offender to fifteen years in
the Department of Correction. Upon the grant of a delayed appeal, the
defendant challenges: (1) the sufficiency of the identification evidence;
and (2) whether his confession was sufficiently corroborated so as to
establish the corpus delicti. After careful review of the record, the
briefs, and applicable law, we affirm the judgment of the trial court.
State vs. Raymond Clark - W2004-02503-CCA-R3-PC View
Shelby County - The Petitioner, Raymond A. Clark, appeals
the trial court's denial of his motion to reopen his post-conviction
petition/petition for habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because
Petitioner has failed to allege a ground for relief which would render
the judgment void, we grant the State's motion and affirm the judgment
of the lower court.
Gregory Christopher Fleenor vs. State -
E2004-00943-CCA-R3-PC View
Sullivan County - The petitioner, Gregory Christopher
Fleenor, pled guilty in the Sullivan County Criminal Court to first
degree felony murder and especially aggravated robbery, and the trial
court sentenced him to concurrent sentences of life and fifteen years
respectively. Subsequently, the petitioner filed a petition for post-conviction
relief, alleging (1) that he received the ineffective assistance of
trial counsel and (2) that his guilty pleas were not knowingly and voluntarily
entered. After an evidentiary hearing, the post-conviction court dismissed
the petition, and the petitioner now appeals. Upon review of the record
and the parties' briefs, we affirm the judgment of the post-conviction
court.
Tyrone D. Conley vs. State - E2004-02480-CCA-R3-PC View
Washington County - The petitioner, Tyrone D. Conley,
pled guilty in the Washington County Criminal Court to second degree
murder, and he was sentenced to twenty years incarceration in the Tennessee
Department of Correction. Subsequently, the petitioner filed a "Constitutional
Challenge to Vacate Invalid Sentence." The trial court dismissed the
petition, finding that if the document was a petition for post-conviction
relief, it was time-barred. Further, the trial court determined that
if the document was a petition for a writ of habeas corpus, the petitioner
did not allege that his judgment was void. On appeal, the petitioner
contests the trial court's dismissal of his petition. Upon our review
of the record and the parties' briefs, we affirm the judgment of the
trial court.
State vs. Mark Delashmit - W2004-00946-CCA-R3-CD View
Tipton County - The defendant, Mark Ray Delashmit,
entered pleas of guilt to manufacturing methamphetamine, a Schedule
II drug, and to possessing methamphetamine with the intent to deliver.
The trial court imposed concurrent, four-year sentences in a community
corrections program. As part of the plea agreement, the defendant reserved
a certified question of law pursuant to Rule 37(b)(2)(i) of the Tennessee
Rules of Criminal Procedure. The question that has been certified for
review by the trial court is "[w]hether the search warrant executed
upon Defendant's residence was supported by probable cause. Specifically,
whether there is an adequate showing of the reliability and credibility
of the informant." The judgments are affirmed.
State vs. Scott McClain - E2004-01182-CCA-R3-CD View
Washington County - The appellant, Scott McClain,
pled guilty in the Washington County Criminal Court to driving under
the influence (DUI) with a blood alcohol content greater than .20. He
received a sentence of eleven months and twenty-nine days incarceration
in the Washington County Jail. As a condition of his plea, the appellant
reserved certified questions of law concerning the suppression of the
results of his blood alcohol test. Upon our review of the record and
the parties' briefs, we affirm the judgment of the trial court.
James P. Hyde vs. State - E2004-02177-CCA-R3-PC View
Hamblen County - The pro se petitioner, James P. Hyde,
appeals from the trial court's order denying the petitioner's motion
to reopen his post-conviction petition. The states moves the court to
affirm the judgment of the trial court pursuant to Rule 20 of this court's
rules. The motion was properly denied for lack of merit. Accordingly,
the state's motion is granted and the judgment of the trial court is
affirmed.
State vs. Darryl Ammons - M2004-01956-CCA-R3-CD View
Dickson County - The defendant, Darryl Ammons, was
indicted and tried for one count of attempt to commit first degree murder
and aggravated assault. He was subsequently convicted by a jury of attempted
criminally negligent homicide and aggravated assault. The trial court
merged the conviction for attempted criminally negligent homicide into
the conviction for aggravated assault and sentenced the defendant to
ten years as a Range II multiple offender. Upon review, we vacate the
defendant's conviction for attempted criminally negligent homicide but
affirm his conviction for aggravated assault.
State vs. Johnny Quent Crudup - M2004-01646-CCA-R9-CO View
Wilson County - Defendant, Johnny Quent Crudup, was
indicted on two counts of theft of property of more than $1,000 but
less than $10,000, a Class D felony, and two counts of theft of property
of more than $10,000 and less than $60,000, a Class C felony. Defendant
filed an application for pretrial diversion which was subsequently denied
by the district attorney general. The trial court denied the writ of
certiorari and affirmed the district attorney general's decision. Defendant
was granted permission to take an interlocutory appeal pursuant to Rule
9 of the Tennessee Rules of Appellate Procedure. Defendant contends
that the district attorney general abused his discretion in denying
Defendant's application, and that the denial was improperly made by
an assistant district attorney instead of the district attorney. We
affirm the trial court's order denying pretrial diversion.
State vs. Jeffrey Lynn Culley - M2003-01758-CCA-R3-CD View
White County - The defendant, Jeffrey Lynn Culley,
was convicted of attempted burglary, a Class E felony, and vandalism
under $500, a Class A misdemeanor. See Tenn. Code Ann. §§ 39-14-402,
-408. The trial court ordered concurrent sentences of four years for
the attempted burglary and eleven months, twenty-nine days for the vandalism.
In this appeal of right, the defendant argues that the evidence was
insufficient and that his attempted burglary sentence is excessive.
The judgments of the trial court are affirmed.
Ricky Thomas Hughes, II vs. State - M2004-01273-CCA-R3-PC View
Davidson County - The petitioner, Ricky Thomas Hughes,
II, appeals from the post-conviction court's denial of post-conviction
relief. On appeal, he contends that he received the ineffective assistance
of counsel when his trial counsel failed to properly investigate and
prepare his case for trial and failed to advise him of the consequences
of proceeding to trial. The petitioner also contends that his sentences
are invalid under Blakely v. Washington, 542 U.S. ----, 124 S.Ct. 2531
(2004). Following our review, we affirm the judgment of the post-conviction
court denying post-conviction relief.
State vs. Bobby Nelson - M2004-01720-CCA-R3-CD View
Sequatchie County - The Defendant, Bobby Nelson, upon
his plea of guilty, was convicted of arson, a Class C felony. Pursuant
to the plea agreement, the trial court was to establish the length and
manner of service of the Defendant's sentence. The sentence for arson
was to be served concurrently with another sentence the Defendant was
already serving for prior convictions. Following a sentencing hearing,
the trial court found the Defendant was a Range I, standard offender,
sentenced him to four and a half years, and ordered the Defendant serve
his entire sentence with the Tennessee Department of Correction (TDOC).
On appeal, the Defendant argues two issues pertaining to sentencing:
(1) the trial court erred by imposing an excessive sentence, and (2)
the trial court erred in denying probation or alternative sentencing.
We affirm the judgment of the trial court.
State vs. Chris Edward Porter - M2004-00444-CCA-R3-CD View
Marshall County - The Appellant, Chris Edward Porter,
appeals the sentencing decision of the Marshall County Circuit Court
which resulted in the imposition of an effective ten-year sentence of
incarceration. On appeal, Porter challenges the trial court's denial
of alternative sentencing. After review of the record, we affirm the
judgment of the trial court.
Harold Lindell Scharkley vs. State -
M2004-0128-CCA-R3-PC View
Robertson County - The Petitioner, Harold Lindell Scharkley,
filed a petition for post-conviction relief contending that his guilty
pleas were involuntary and unknowing because he received ineffective
assistance of counsel and because the trial court failed to follow the
requirements of Rule 11 of the Tennessee Rules of Criminal Procedure.
After a hearing, the post-conviction court denied the Petitioner's request
for post-conviction relief. Finding no reversible error, we affirm the
judgment of the post-conviction court.
James Robert Wilson vs. State - M2004-00933-CCA-R3-PC View
Davidson County - The petitioner appeals the denial
of post-conviction relief, contending that trial counsel was ineffective
in: (1) declining a curative instruction following a witness' characterization
of the petitioner as "a robber;" (2) failing to object to the untimely
disclosure of audiotapes containing statements made by the petitioner
to a key prosecution witness; (3) failing to argue that the term "recklessly" was
statutorily inapplicable to the petitioner, and because the term was
included in the indictment, failing to get a jury instruction on reckless
homicide. Upon review, we affirm the denial of post-conviction relief.
Cases posted the week of 06/06/2005
Jerome William Devereaux vs. State
- E2004-01891-CCA-R3-PC View
(Dissent) - View
Jefferson County - The petitioner, Jerome William Devereaux,
pled guilty in the Jefferson County Circuit Court to attempted rape
of a child and received a sentence of twelve years incarceration in
the Tennessee Department of Correction, with release eligibility after
service of thirty percent of his sentence. Subsequently, the petitioner
filed a petition for post-conviction relief, alleging that his trial
counsel was ineffective. The post-conviction court dismissed the petition.
The petitioner appeals the denial, arguing that his counsel was ineffective
in his advice concerning the petitioner's plea and that the trial court's
imposition of a twelve-year sentence violated the dictates of Blakely
v. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004). Upon review of the
record and the parties' briefs, we affirm the judgment of the post-conviction
court.
State vs. Derek Bates - W2004-01623-CCA-R3-CD View
Shelby County - The Defendant, Derek Bates, was convicted
by a jury of two counts of aggravated robbery, which the trial court
subsequently merged into a single conviction. The trial court sentenced
the Defendant as a Range I, standard offender to nine years in the Department
of Correction. In this direct appeal, the Defendant challenges the sufficiency
of the evidence and the constitutionality of his sentence. We affirm
the judgment of the trial court.
State vs. Terry Clifton - W2004-01385-CCA-R3-HC View
Lake County - Terry Lee Clifton pleaded guilty to one
count of forgery in June 1977, five counts of forgery in September 1977,
and three counts of forgery in 1981. Additionally, he was convicted
of grand larceny in 1983. Based on the petitioner's criminal history,
he was sentenced as a habitual offender after his 1983 conviction and
therefore is currently serving a life sentence. Since his incarceration,
the petitioner has challenged his convictions and sentences multiple
times. See Terry Lee Clifton v. State, No. 02C01-9110-CC-00234 (Tenn.
Crim. App., Nashville, Apr. 13, 1994) (Clifton IV); State v. Terry Lee
Clifton, C.C.A. No. 26 (Tenn. Crim. App., Jackson, Nov. 7, 1990) (Clifton
III); State v. Terry Lee Clifton, C.C.A. No. 8 (Tenn. Crim. App., Jackson,
Feb. 19, 1986) (Clifton II); State v. Terry Lee Clifton, C.C.A. No.
22 (Tenn. Crim. App., Jackson, May 31, 1984) (Clifton I). In his current
pro se appeal, the petitioner challenges the lower court's dismissal
of his habeas corpus petition, which alleges that his life sentence
is void. After a thorough review of the record and applicable law, we
affirm.
State vs. William Harlon Adams - M2003-02952-CCA-R3-CD View
Coffee County - The appellant, William Harlon Adams,
appeals his convictions for vandalism of less than five hundred dollars
($500) and criminal attempt to commit resisting arrest. The following
issues are presented for our review: (1) whether the trial court erred
in denying the motion to suppress; (2) whether the trial court erred
in instructing the jury on the offense of attempt to resist arrest;
(3) whether the trial court erred in denying the motion to dismiss;
(4) whether the evidence was sufficient to support the conviction for
vandalism; and (5) whether the trial court correctly sentenced the appellant.
After a thorough review, we determine that attempt to resist arrest
is not a crime, thus, we reverse the appellant's conviction and remand
the case for any further proceedings which may be necessary. We affirm
the remainder of the judgment of the trial court, including the conviction
for vandalism.
Gregory Eidson vs. State - M2005-00150-CCA-R3-HC View
Sumner County - The Petitioner, Gregory Eidson, filed
a petition for wit of habeas corpus seeking relief from allegedly void
judgments, which the trial court summarily dismissed. On appeal, the
Petitioner contends that the habeas corpus court erred when it dismissed
his petition. Finding that there exists reversible error in the judgment
of the habeas corpus court, we reverse its dismissal of the Petitioner's
petition for habeas corpus relief, and we remand the case for the appointment
of counsel and an evidentiary hearing.
State vs. Jaquece Fitzgerald - M2004-02441-CCA-R3-CD View
Williamson County - The appellant, Jaquece Fitzgerald,
appeals the revocation of his probation by the Williamson County Circuit
Court. On appeal, the appellant presents the single issue of whether
the trial court erred in revoking his probation without hearing the
testimony of defense witnesses. After reviewing the issue, we affirm
the judgment of the trial court.
Dennis Harmon vs. State - M2004-00453-CCA-R3-PC View
Overton County - The petitioner, Dennis Harmon,
appeals the dismissal of his petition for post-conviction relief, alleging
that his counsel was ineffective and that his guilty plea was not knowingly
and voluntarily entered. After an evidentiary hearing, the post-conviction
court dismissed the petition, and the petitioner appealed. Upon review
of the record and the parties' briefs, we affirm the judgment of the
post-conviction court.
State vs. Corey Huddleston - M2004-00812-CCA-R3-CD View
Dickson County - The appellant, Corey Huddleston, was
convicted of multiple counts of theft of property valued under $500,
vandalism of property valued under $500, and criminal trespass. He received
sentences of eleven months and twenty-nine days for each of his theft
and vandalism convictions and thirty days for each of his criminal trespass
convictions. On appeal, the appellant challenges the trial court's imposition
of consecutive sentencing. Upon our review of the record and the parties'
briefs, we affirm the judgments of the trial court.
State vs. Shawnta Lamont Marsh - M2004-02248-CCA-R3-CD View
Bedford County - The defendant, Shawnta Lamont Marsh,
pled guilty to six counts of sale or delivery of cocaine over .5 grams.
The trial court merged all but three of the convictions and ordered
the defendant to serve consecutive sentences of eight years and one
month for each offense. The effective sentence is twenty-four years
and three months. In this appeal of right, the defendant contends that
the trial court erred by ordering consecutive sentencing. The judgments
of the trial court are affirmed.
Larry C. Strong vs State - M2004-02253-CCA-R3-PC View
Davidson County - The pro se petitioner, Larry C. Strong,
appeals the dismissal of his petition for post-conviction relief as
time-barred, arguing that he should have been afforded an evidentiary
hearing to present proof of his timely filing of the petition. Following
our review, we affirm the post-conviction court's summary dismissal
of the petition.
Johnnie M. Talley, III vs State - M2002-02179-CCA-R3-PC View
Williamson County - After a bench trial, the Williamson
County Criminal Court convicted the petitioner, Johnnie M. Talley, III,
of five counts of making a false report and sentenced him to an effective
sentence of eight years in the Department of Correction (DOC). Subsequently,
the petitioner filed a petition for post-conviction relief, alleging
(1) that his counsel was ineffective for failing to have him evaluated
by a psychologist and (2) that he did not knowingly and voluntarily
waive his rights to a jury trial or to testify. After an evidentiary
hearing, the post-conviction court dismissed the petition, and the petitioner
now appeals. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs. Paul Friedman - M2004-01266-CCA-R3-CD View
Giles County - The Defendant, Paul Friedman, pled guilty
to one count of promoting prostitution. Pursuant to Tennessee Rule of
Criminal Procedure 37, the Defendant reserved as a certified question
of law the issue of whether Tennessee Code Annotated section 39-13-512
(2003), et seq., under which he was indicted, was unconstitutional.
We conclude that this statute is constitutional, and the judgment of
the trial court is therefore affirmed.
State vs. Keith Salter - W2004-01255-CCA-R3-CD View
Shelby County - Defendant, Keith Salter, was indicted
in case No. 01-04363 on two counts of theft of property over $1,000
but less than $10,000, a Class D felony, and one count of felony evading
arrest, a Class D felony. Defendant was indicted in case No. 01-04364
on two counts of theft of property over $10,000 but less than $60,000,
a Class C felony. Following a jury trial, Defendant was found guilty
in case No. 01-04363 of one count of theft of property over $1,000 and
one count of felony evading arrest, and not guilty on the other felony
theft charge. Defendant was found guilty of both counts of felony theft
in case No. 01-04364. The trial court merged Defendant's conviction
of felony theft in count two of case No. 01-04364 with his felony theft
conviction in count one. Defendant was sentenced as a career offender
to twelve years for the felony theft conviction and twelve years for
the felony evading arrest conviction in case No. 01-04363. Defendant
was sentenced as a persistent offender to fifteen years for the theft
conviction in case No. 01-04364. The trial court ordered Defendant's
sentences in case No. 01-04363 to be served concurrently with each other
but consecutively to his felony theft sentence in case No. 01-04364
for an effective sentence of twenty-seven years. On appeal, Defendant
argues (1) that the State failed to prove that the value of the truck
supporting his theft conviction in case No. 01-04363 was over $10,000;
(2) that the evidence was insufficient to establish his identity as
the perpetrator of the offenses; and (3) that the length of his sentences
is excessive. After a thorough review of the record, we affirm the judgments
of the trial court.
Johnny L. Beard, Sr. vs. State - M2004-02227-CCA-R3-PC View
Williamson County - The petitioner appeals from the
post-conviction court's dismissal of his petition for post-conviction
relief. He contends that the post-conviction court erred in concluding
that his petition was untimely filed without appointing counsel and
conducting an evidentiary hearing to determine whether due process considerations
tolled the statute of limitations. Following our review, we affirm the
dismissal of the petition.
State vs. John Bingham - M2003-02548-CCA-R3-CD View
A Bedford County jury convicted the defendant, John
Thomas Bingham, of robbery, a Class C felony. Following a sentencing
hearing, the trial court sentenced him as a Range I, standard offender
to five years and six months in the Department of Correction. In this
appeal, the defendant argues that the evidence is insufficient to support
the conviction and that the trial court erred in sentencing. We affirm
the judgment of the trial court.
State vs. Stephen Scott - M2004-00927-CCA-R3-CD View
Montgomery County - The defendant, Stephen Anthony
Scott, appeals as of right from his convictions by jury of aggravated
robbery, attempted aggravated robbery, especially aggravated kidnapping,
two counts of aggravated kidnapping, kidnapping, and attempted robbery.
Following a sentencing hearing, the defendant was classified as a Range
I offender and received a ten-year sentence at 30% for aggravated robbery,
a four-year sentence at 30% for attempted aggravated robbery, a twenty-four
year sentence at 100% for especially aggravated kidnapping, a ten-year
sentence at 100% for both counts of aggravated kidnapping, a four-year
sentence at 30% for kidnapping, and a four-year sentence at 30% for
attempted robbery. In this appeal, the defendant argues: (1) the evidence
is insufficient to support his convictions; and (2) the trial court
erred in sentencing. We determine that two of the defendant's convictions
should be merged and remand for entry of corrected judgments. In addition,
we remand for a new sentencing hearing on the defendant's conviction
for aggravated kidnapping. In all other respects, we affirm the judgments
of the trial court.
State vs. Donald Solomon - M2004-01264-CCA-R3-CD View
Franklin County - The defendant, Donald Solomon,
pled guilty to theft of property valued at $1,000, but less than $10,000,
a Class D felony. After conducting a sentencing hearing, the trial court
classified the defendant as a Range I, standard offender and sentenced
him to four years in the Department of Correction. The trial court ordered
the defendant to serve the sentence consecutive to a sentence in another
case for which the defendant was on probation at the time. In this direct
appeal, the defendant presents the single issue of whether the trial
court erred in sentencing. We affirm the judgment of the trial court.
State vs. Clarence Mabon - W2004-01180-CCA-R3-CD View
A Shelby County Criminal Court jury convicted the
defendant, Clarence Mabon, of two counts of aggravated robbery, a Class
B felony. The trial court merged the two offenses and sentenced him
as a Range I, standard offender to eight years in the Department of
Correction. On appeal, the defendant contends that the evidence is not
sufficient to support his conviction and that a fatal variance exists
between the indictment and the proof presented at trial. We affirm the
judgment of the trial court.
State vs. Anthony Shearer - W2004-01774-CCA-R3-CD View
An Obion County Circuit Court jury convicted the defendant,
Anthony Shearer, of possession with intent to deliver one-half gram or more
of cocaine, a Class B felony, and the trial court sentenced him to nine
years in the Department of Correction. The defendant appeals, claiming that
the evidence is insufficient and that his sentence is excessive. We affirm
the trial court.
State vs. Patrick Lamont Barker - M2004-02000-CCA-R3-CD View
Montgomery County - The Defendant, Patrick Lamont Barker,
pled guilty to two counts of the sale of .5 grams or more of a schedule
II controlled substance. The trial court sentenced him to eight years
on each conviction and ordered that the sentences run concurrently and
be served in community corrections. The Defendant violated the terms
of his community corrections sentence, and the trial court ordered the
Defendant to serve the remainder of his sentence in prison. The Defendant
now appeals. Finding no error in the judgment of the trial court, we
affirm the Defendant's sentence.
State vs. Ellis J. Burnett - M2001-01495-CCA-R3-CD View
Cannon County - The appellant, Ellis J. Burnett, was
convicted by a jury in the Cannon County Circuit Court of aggravated
arson. He received a sentence of twenty-three years incarceration in
the Tennessee Department of Correction. On appeal, the appellant challenges
the sufficiency of the evidence, the jury instructions, the prosecutor's
closing argument, the trial court's evidentiary rulings, and alleges
the ineffective assistance of counsel. Upon our review of the record
and the parties' briefs, we affirm the judgment of the trial court.
State vs. Dave Long - M2004-01721-CCA-R3-CD View
Sequatchie County - After entering a plea of guilty,
the Defendant, Dave Long, was convicted of one count of burglary, a
Class D felony. Pursuant to a plea agreement, the Defendant was to be
sentenced to six years as a Range II, multiple offender, with the trial
court to establish the manner of service. Following a sentencing hearing,
the trial court ordered the Defendant serve his entire sentence with
the Tennessee Department of Correction (TDOC). On appeal, the Defendant
argues that the trial court erred in denying him probation or other
alternative sentencing. We affirm the judgment of the trial court.
Jonathan Malcolm Malone vs. State - M2004-02826-CCA-R3-CO View
Rutherford County - The Defendant, Jonathan Malcolm
Malone, pled guilty to several offenses in two separate cases, the second
of which was for an offense committed while he was out on bail for the
first offenses. The trial court sentenced him to consecutive sentences,
and awarded pretrial jail credit towards the sentences in the first
case. The Defendant petitioned for the jail credit to be applied toward
the sentence in his second case, and the trial court denied his request.
The Defendant now appeals. Because we have concluded that the Tennessee
Rules of Appellate Procedure do not provide the Defendant a Rule 3 Appeal
as of Right, we dismiss the Defendant's appeal.
Kelvin Wade Cloyd vs. State - E2004-02283-CCA-R3-HC View
Johnson County - The petitioner, Kelvin Wade Cloyd,
appeals the Johnson County Criminal Court's summary dismissal of his
petition for habeas corpus relief. Following our review upon the record,
we vacate the order and remand for further proceedings.
State vs. Charles Drake - E2004-00247-CCA-R3-CD View
Knox County - The defendant, Charles Drake, stands
convicted of aggravated assault with a deadly weapon and DUI. For the
aggravated assault conviction, the trial court sentenced the defendant
to four years, split confinement with supervised probation after service
of six months' confinement. For the DUI conviction, the trial court
imposed a sentence of 11 months and 29 days with a release eligibility
at 75 percent. On appeal, the defendant asserts (1) that the evidence
is insufficient to support his conviction of aggravated assault; (2)
that the trial court committed reversible error in prohibiting the defense
from presenting to the jury an animation of the automobile collision
giving rise to the charges against the defendant; (3) that the trial
court committed reversible error in admitting the results of a blood
toxicology test; and (4) that his sentence is excessive. After thoroughly
reviewing the record and applicable authorities, we find sufficient
evidence to support the conviction, no error in the admission or exclusion
of evidence at trial, and appropriate sentencing. We, therefore, affirm
the convictions and sentences.
State vs. Courtney Means - W2004-01446-CCA-R3-CD View
Shelby County - The defendant, Courtney Means, was
convicted by a Shelby County Criminal Court jury of eight counts of
aggravated robbery, a Class B felony, based on three separate incidents
involving four victims. After merging the separate counts involving
the same victim, the trial court sentenced the defendant as a Range
I, standard offender to nine years for each of the remaining four convictions,
with two of the sentences to be served consecutively, for an effective
sentence of eighteen years in the Department of Correction. In this
timely appeal as of right, the defendant challenges both the trial court's
application of enhancement factors to increase his sentences beyond
the eight-year minimum for his range and its imposition of consecutive
sentencing. Following our review, we affirm the judgments of the trial
court.
Cases posted the week of 05/30/2005
State vs. Paul Dennis Reid, Jr. -
M2003-00539-CCA-R3-DD View
Davidson County - Defendant Paul Dennis Reid, Jr.,
was found guilty by a jury of three counts of premeditated murder, three
counts of felony murder, one count of attempted murder, and one count
of especially aggravated robbery. The felony murder convictions were
merged into the premeditated murder convictions. Thereafter, the jury
sentenced Defendant to death based upon the finding of four aggravating
circumstances: the defendant had previously been convicted of one or
more felonies, other than the present charge, the statutory elements
of which involve the use of violence to the person; the murders were
committed for the purpose of avoiding, interfering with or preventing
a lawful arrest or prosecution of defendant or another; the murder was
knowingly committed, solicited, directed or aided by the defendant,
while the defendant had a substantial role in committing or attempting
to commit, or was fleeing after having a substantial role in committing
or attempting to commit robbery; and the defendant committed "mass murder," which
was defined at the time of the commission of these offenses as the murder
of three or more persons within the State of Tennessee within a period
of forty-eight months, and perpetrated in a similar fashion in a common
scheme or plan. Tenn. Code Ann. § 39-13-204(i)(2), (6), (7), and
(12)(Supp. 1996). The trial court sentenced Defendant to 25 years imprisonment
for the attempted murder conviction and 25 years imprisonment for the
especially aggravated robbery conviction, to be served consecutively
to each other and to Defendant's other non-death sentences. On appeal,
Defendant presents forty-seven issues. We affirm Defendant's convictions
and sentences.
Edward Jerome Johnson vs. State - M2004-00922-CCA-R3-PC View
Davidson County - Petitioner, Edward Jerome Jones,
filed a pro se petition for post-conviction relief, as amended after
the appointment of counsel, arguing that he received ineffective assistance
of counsel in connection with the negotiation and entry of Petitioner's
best interest plea. Specifically, Petitioner alleges that his trial
counsel failed to advise him of the evidence against him or allow him
to listen to certain audio tapes, and that trial counsel failed to file
a motion to dismiss the charges against Petitioner. After a review of
the record in this matter, we affirm the trial court's dismissal of
Petitioner's petition for post-conviction relief.
State vs. Lucian Henry Marshall, III -
M2004-02442-CCA-R3-CD View
Sumner County - The appellant, Lucian Henry Marshall,
III, appeals the order of the Sumner County Criminal Court, signed by
appellant's counsel, agreeing to the disposition of money and his vehicle
which had been seized pursuant to a forfeiture warrant. Alleging he
was not properly informed of the procedure for recovering his seized
assets, the appellant asks us to void the agreed order. We affirm the
order of the trial court.
State vs. Robert Gene Mayfield - M2004-01539-CCA-R3-CD View
Montgomery County - The Appellant, Robert Gene Mayfield,
presents for review a certified question of law. See Tenn. R. Crim.
P. 37(b)(2)(i). Mayfield pled guilty to felony possession of over .5
grams of cocaine with the intent to sell and felony possession of over
one-half ounce of marijuana with the intent to sell. He was subsequently
sentenced to an effective eight-year sentence to be served on probation.
As a condition of his guilty plea, Mayfield explicitly reserved a certified
question of law challenging the denial of his motion to suppress evidence
found during the execution of a search warrant at his residence. Mayfield
argues that the affidavit given in support of the warrant was insufficient
to establish probable cause. After review of the record, we affirm the
judgment of the Montgomery County Circuit Court denying the motion to
suppress.
Richard Elliott vs. State - M2004-00853-CCA-R3-PC View
Montgomery County - On March 2, 2004, the Montgomery
County Circuit Court, after conducting an evidentiary hearing on the
claims presented, entered an order dismissing Richard L. Elliott's petition
for post-conviction relief. On March 5, 2004, Elliott filed an "Amended
Petition" alleging that because his post-conviction counsel failed to
raise a requested claim for relief at the evidentiary hearing, he was
entitled to a hearing on the omitted claim. Elliott's "Amended Petition" was
summarily dismissed by the post-conviction court. After review, we affirm
the trial court's dismissal of the amended petition for post-conviction
relief.
State vs. JoAnn White Pogue - M2004-00905-CCA-R3-CD View
Marshall County - The appellant, Joann White Pogue,
pled guilty in the Marshall County Circuit Court to five counts of delivery
of morphine and five counts of selling morphine, Class C felonies. The
trial court merged each delivery conviction into a conviction for selling
morphine and sentenced the appellant to an effective nine-year sentence
in the Department of Correction (DOC). On appeal, the appellant claims
the trial court improperly enhanced her sentences and improperly concluded
that she was not entitled to the presumption that she was a favorable
candidate for alternative sentencing. We agree that the trial court
improperly applied enhancement factors and that the appellant was entitled
to the presumption. Upon review of the record and the parties' briefs,
we conclude that the trial court erred in its sentencing determinations
and remand for resentencing.
State vs. Randall D.Bennett - M2004-02119-CCA-R3-CD View
Davidson County - The defendant, Randall D. Bennett,
appeals the revocation of his probation, arguing that the trial court
erred in revoking his probation based on the uncorroborated testimony
of the defendant's probation officer. Following our review, we affirm
the order of the trial court.
State vs. Clarence W. Carter - M2004-00757-CCA-R3-CD View
Davidson County - The Defendant, Clarence W. Carter,
was tried and convicted of one count of conspiracy to sell cocaine and
one count of possession of cocaine. He was sentenced as a Range II,
multiple offender to consecutive sentences of thirty-two years for the
conspiracy conviction and sixteen years for the possession conviction.
This Court affirmed the Defendant's convictions and sentences on direct
appeal. See State v. Clarence W. Carter, No. M2000-02230-CCA-R3-CD,
2002 WL 31370469 (Tenn. Crim. App., Nashville, Oct. 21, 2002). The Tennessee
Supreme Court granted review, and upheld the Defendant's convictions
and sentence on the possession conviction, but determined the trial
court committed error in sentencing the Defendant as a Range II offender
for his conspiracy conviction when he did not receive notice of intent
to seek enhanced punishment by the State in the superceding indictment
under which he was tried. See State v. Carter, 121 S.W.3d 579 (Tenn.
2003). Upon remand, the Defendant was re-sentenced on his conspiracy
conviction as a Range I, standard offender to twenty-five years imprisonment
to be served consecutively to his prior sentences. In this appeal the
Defendant raises two issues, claiming that upon re-sentencing the trial
court erred by: 1) imposing an excessive sentence for his conspiracy
conviction, and 2) imposing consecutive sentencing. We affirm the judgment
of the trial court.
LaBryant King vs. State - M2004-01371-CCA-R3-PC View
Montgomery County - The Defendant, LaBryant King, pled
guilty in 1998 to one count of selling over .5 grams of cocaine within
1,000 feet of a school, a Class A felony. The Defendant agreed to be
sentenced as a Range I offender to fifteen years. The Defendant subsequently
filed for post-conviction relief raising challenges to his indictment,
conviction and sentence. After a hearing the trial court denied relief,
and this appeal followed. We affirm the judgment of the trial court.
State vs. Larita Lyons - M2003-00699-CCA-R3-CD View
Davidson County - A Davidson County jury convicted
the Defendant, Larita Lyons, of robbery, and the trial court sentenced
her to serve five years in the workhouse. On appeal, the Defendant contends
that the evidence is insufficient to sustain her conviction. Finding
no reversible error, we affirm the judgment of the trial court.
State vs. Prentice C. Calloway - M2004-01118-CCA-R3-CD View
Davidson County - Defendant was indicted for carjacking
in count one; for theft of property over $10,000 but less than $60,000
in count two; for unlawful possession of a weapon in count three; for
felony possession of an unlawful weapon in count four; for evading arrest
while operating a motor vehicle in count five; for misdemeanor evading
arrest in count six; for resisting arrest in count seven; for driving
with a revoked license in count eight; and for criminal trespass in
count nine. Prior to trial, the State dismissed counts three, eight
and nine, and the remaining counts were renumbered accordingly. Following
a jury trial, Defendant was found guilty of the lesser included offense
of misdemeanor theft (as renumbered) in count one; guilty of Class C
felony theft of property in count two; not guilty of possession of an
unlawful weapon in count three; guilty of Class D felony evading arrest
in count four; guilty of misdemeanor evading arrest in count five; and
guilty of resisting arrest in count six. The trial court merged Defendant's
conviction for misdemeanor theft in count one into his conviction for
Class C felony theft of property in count two. The trial court sentenced
Defendant as a Range II multiple offender to ten years for the theft
conviction, eight years for the felony evading arrest conviction; eleven
months, twenty-nine days for the misdemeanor evading arrest conviction;
and eleven months, twenty-nine days for the resisting arrest conviction.
The trial court ordered all of Defendant's sentences to be served consecutively
for an effective sentence of 19 years, 10 months and fifty-eight days.
On appeal, Defendant argues (1) that the evidence is insufficient to
support his conviction for felony evading arrest in count four; (2)
that the trial court erred in not merging Defendant's convictions for
felony evading arrest and misdemeanor evading arrest in counts four
and five; (3) that the trial court erred in determining the length of
Defendant's sentences; and (4) that the trial court erred in ordering
the sentences to be served consecutively. Defendant does not challenge
the sufficiency of the evidence to support his felony theft or misdemeanor
resisting arrest convictions. After a thorough review of the record,
we modify Defendant's conviction for evading arrest from a Class D felony
to a Class E felony, and impose a sentence of four years. We merge Defendant's
misdemeanor evading arrest conviction with his Class E felony evading
arrest conviction. We affirm Defendant's conviction and sentence for
his Class C theft offense and his misdemeanor resisting arrest offense,
and the trial court's imposition of consecutive sentencing, for an effective
sentence, as modified, of fourteen years, eleven months and twenty-nine
days.
State vs. Bruce Warren Scarborogh - E2004-01332-CCA-R9-CD View
Knox County - The appellant, Bruce Warren Scarborough,
was charged in the Knox County Criminal Court with four counts of aggravated
rape. He filed a motion to suppress DNA evidence linking him to the
crimes, and the trial court denied the motion. From the trial court's
order, the appellant now brings this interlocutory appeal, arguing that
the DNA evidence was obtained in violation of his right to be free from
unreasonable searches and seizures as provided by the Fourth Amendment
to the United States Constitution and Article I, Section 7 of the Tennessee
Constitution. Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.
State vs. Tony Evans - W2004-01747-CCA-R3-CD View
Shelby County - The defendant, Tony Evans, pled guilty
to unlawful possession of .5 grams or more of cocaine with the intent
to sell. He was sentenced to six years in a community corrections program
but was later placed on probation. Thereafter, the trial court revoked
the defendant's probation and ordered him to serve the remainder of
his six-year sentence. On appeal, the defendant challenges the trial
court's revocation of his probation. Upon review, we affirm the judgment
of the trial court.
State vs. Lewis Christian - W2004-01688-CCA-R3-CD View
A Shelby County jury convicted the defendant, Lewis Christian, of voluntary
manslaughter. See Tenn. Code Ann. § 39-13-211(a) (2003). Accordingly,
the trial court sentenced the defendant to serve a ten-year incarcerative
sentence as a Range II multiple offender. Aggrieved of his conviction and
sentence, the defendant now brings this direct appeal. After thoroughly
reviewing the record and applicable law, we affirm the defendant's conviction
and sentence.
State vs. Thomas Dee Huskey - E2002-02317-CCA-R3-CD View
Knox County - The state has appealed the Knox County
Criminal Court's suppression of statements made to police by the defendant,
Thomas Dee Huskey, and of items found and seized from his home. The
state contends that (1) the trial court erred as a matter of law in
suppressing the statements and (2) the trial court erred in suppressing
the items found at the home (a) because the police arrested the defendant
in good faith reliance upon a capias which subsequently was declared
void and (b) because the defendant's father consented to a search of
the defendant's room. The defendant asserts that if the state's appeal
is successful, then he contends that the trial court erred in prior
rulings denying suppression of his statements and the items seized from
his home on other myriad grounds raised by the defendant. We affirm
the trial court.
Domingo Ponce v. State - M2004-02257-CCA-R3-CO View
Marshall County - The Petitioner, Domingo Ponce, filed
a petition for writ of error coram nobis, which the trial court summarily
dismissed. On appeal, the Petitioner contends that the trial court erred
when it dismissed his petition. Finding no reversible error, we affirm
the judgment of the trial court.
Michael Braxton v. State - M2004-00791-CCA-R3-PC View
Davidson County - The petitioner, Michael Braxton,
was convicted by a jury in the Davidson County Criminal Court of aggravated
rape and aggravated assault. He received a total effective sentence
of twenty-three years incarceration in the Tennessee Department of Correction.
Subsequently, the petitioner filed a petition for post-conviction relief,
which petition the post-conviction court summarily dismissed as being
untimely. The petitioner appeals the dismissal, arguing that his petition
was not barred by the statute of limitations. Upon our review of the
record and the parties' briefs, we reverse the judgment of the post-conviction
court and remand for a hearing on the timeliness of the petitioner's
petition.
Terry Lee Robinson v. State - M2004-00555-CCA-R3-PC View
Davidson County - The petitioner, Terry Lee Robinson,
was convicted in the Davidson County Criminal Court of first degree
murder and received a life sentence. Following an unsuccessful appeal
of his conviction, the petitioner filed a petition for post-conviction
relief, alleging ineffective assistance of counsel at trial. The petitioner
now brings this appeal challenging the post-conviction court's denial
of his petition. After reviewing the record and the parties' briefs,
we affirm the judgment of the post-conviction court.
Frank Robert Bigsby v. State -
M2004-01383-CCA-R3 View
Rutherford County - The petitioner was convicted of
possession of twenty-six (26) grams or more of cocaine with intent to
deliver. He appealed this conviction. We affirmed his conviction in
State v. Bigsby, 40 S.W.3d 87 (Tenn. Crim. App. 2000). The petitioner
then filed a petition for post-conviction relief. The trial court denied
the petitioner's petition. On appeal, we remanded the petition for the
trial court to enter findings of fact. Frank Robert Bigsby v. State,
No. M2002-02260-CCA-R3-PC, 2003 WL 22927139 (Tenn. Crim. App., at Nashville,
Dec. 11, 2003). The trial court entered its findings, and we now address
the appeal on the merits. The petitioner's sole issue in his appeal
from the trial court's denial of his post-conviction petition is that
he was offered ineffective assistance of counsel. We have reviewed the
record in this case and conclude that the trial court's denial of the
petitioner's petition was proper. Therefore, we affirm the trial court's
decision.
Andrew Charles Helton v. State - M2004-01015-CCA-R3-PC View
Davidson County - Petitioner, Andrew Charles Helton,
filed a pro se petition for post-conviction relief, which was amended
after appointment of counsel. Following an evidentiary hearing, the
trial court dismissed the petition. On appeal, Petitioner argues (1)
that the prosecutor misrepresented to the jury during closing argument
evidence concerning the 911 tape; (2) that the prosecutor improperly
pointed the murder weapon at the jury during closing argument; (3) that
his trial counsel was ineffective for failing to object to the prosecutorial
misconduct which occurred during closing argument; and (4) that his
trial counsel provided ineffective assistance when he objected to the
jury's request during deliberations to review the tape of a neighbor's
call to the 911 operator on the night of the shootings. After a thorough
review of the record, we affirm the judgment of the post-conviction
court.
Kenneth Strickland v. State - M2004-02295-CCA-R3-PC View
Rutherford County - The Defendant, Kenneth Strickland,
was convicted by a jury of possession of .5 grams or more of cocaine
with the intent to sell or deliver, and sentenced to twelve years in
the Department of Correction. The judgment against the Defendant was
affirmed on direct appeal. See State v. Kenneth Strickland, No. M2002-00543-CCA-R3-CD,
2003 WL 21997739 (Tenn. Crim. App., Nashville, Aug. 22, 2003). The Defendant
subsequently filed for post-conviction relief claiming that he had been
denied the effective assistance of counsel at trial. After an evidentiary
hearing the trial court denied relief and this appeal followed. We affirm
the judgment of the trial court.
State vs. Robert Williams - W2004-01686-CCA-R3-CD View
Shelby County - The defendant, Robert Williams, was
convicted by a Shelby County Criminal Court jury of aggravated burglary,
a Class C felony, and sentenced by the trial court as a career offender
to fifteen years in the Department of Correction. The sole issue he
raises on appeal is whether the circumstantial evidence presented in
his case was sufficient to support his conviction. Following our review,
we affirm the judgment of the trial court.
State vs. Candice Workman -
W2004-01939-CCA-R3-CD View
Shelby County - The defendant, Candice Workman, pled
guilty in the Shelby County Criminal Court to soliciting the sale of
less than one-half gram of cocaine, a Class E felony. The trial court
sentenced her to one year in the workhouse to be served on probation
and fined her $2000.00. On appeal, the defendant contends that the trial
court erred by denying her request for judicial diversion. We affirm
the trial court but remand the case for correction of a clerical error
on the judgment of conviction.
State vs. William Ferris - W2003-01317-CCA-R3-CD View
Shelby County - The defendant, William Ferris, was
convicted by a Shelby County Criminal Court jury of two counts of especially
aggravated kidnapping, a Class A felony; two counts of aggravated burglary,
a Class C felony; and one count of aggravated robbery, a Class B felony.
The trial court sentenced him as a violent offender to twenty-five years
for each of the especially aggravated kidnapping convictions and as
a Range II, multiple offender to ten years for the aggravated burglary
convictions and twenty years for the aggravated robbery conviction.
The court merged the two counts of especially aggravated kidnapping
and the two counts of aggravated burglary and ordered that the kidnapping,
burglary, and robbery sentences be served consecutively to each other
for an effective sentence of twenty-five years in the Department of
Correction. The defendant raises essentially three issues on appeal:
(1) whether the evidence is sufficient to sustain his convictions; (2)
whether the trial court erred by not declaring a mistrial sua sponte
upon admission of testimony about the defendant's pending indictment
for attempted second degree murder; and (3) whether the trial court
erred in ordering consecutive sentencing. Following our review, we affirm
the judgments of the trial court.
State vs. Johnny Tyus - W2004-02028-CCA-R3-PC View
Tipton County - The petitioner appeals the denial of
his petition for post-conviction relief from his conviction for delivery
of .5 grams or more of a Schedule II controlled substance, cocaine,
arguing that the post-conviction court erred in finding he received
effective assistance of trial counsel. Following our review, we affirm
the denial of the petition.
Thomas Eugene Graham vs. State - E2004-02958-CCA-R3-PC View
Hamilton County - The pro se petitioner, Thomas Eugene
Graham, appeals from the trial court's order denying the petitioner's
motion to reopen his post-conviction petition. The states moves the
court to affirm the judgment of the trial court pursuant to Rule 20
of this court's rules. The motion was properly denied for lack of merit.
Accordingly, the state's motion is granted and the judgment of the trial
court is affirmed.
Cases posted the week of 05/23/2005
William L. Smith vs. State - E2004-01800-CCA-R3-HC View
Bledsoe County - The petitioner, William L. Smith,
appeals the denial of his petition for writ of habeas corpus. Because
the petitioner's sentence for rape of a child is illegal, the judgment
of the habeas corpus court is reversed, relief is granted, and the cause
is remanded to the Bledsoe County Circuit Court for transfer to the
Hamilton County Criminal Court for appropriate remedial action.
State vs. Jeffery Hayes - M2004-00726-CCA-R3-CD View
Montgomery County - The defendant, Jeffery Hayes, entered
an open guilty plea to one count of the sale of less than .5 grams of
cocaine, a Class C felony, two counts of the sale of more than .5 grams
of cocaine, Class B felonies, and one count of possession with intent
to sell more than .5 grams of cocaine, a Class B felony. He was sentenced
to an effective sentence of ten years as a Range I standard offender.
On appeal, he argues that the trial court erred in imposing an excessive
sentence and denying alternative sentencing. Following our review, we
affirm the judgment of the trial court.
Jeremy S. Crosby vs. State - M2005-00153-CCA-R3-HC View
Hickman County - The Defendant, Jeremy S. Crosby,
appeals from the trial court's dismissal of his petition seeking habeas
corpus relief. The State has filed a motion requesting that this Court
affirm the trial court's denial of relief pursuant to Rule 20, Rules
of the Court of Criminal Appeals. The State's motion is granted. The
judgment of the trial court is affirmed.
State vs. Rycine Ellison & Mandrell Christmon -
M2004-00446-CCA-R3-CD View
Davidson County - The appellants, Rycine Ellison and
Mandrell Christmon, appeal on a certified question of law after their
guilty pleas. On appeal, they challenge the trial court's denial of
their motions to suppress. For the following reasons, we affirm the
judgment of the trial court.
State vs. Joseph Angel Silva, III - M2003-03063-CCA-R3-CD View
Bedford County - On July 21, 2003, the Grand Jury for
Bedford County returned an indictment against the defendant charging
him with one count of aggravated rape. After a jury trial, the defendant
was convicted as charged on October 1, 2003 and sentenced on October
27, 2003, to twenty-two (22) years in the Department of Correction.
The defendant now appeals this conviction. He argues that (1) the trial
court erred in denying the Defendant's motion for a new trial where
there is evidence that a juror failed to disclose to the trial court
after voir dire that she had had a conversation with the Defendant's
brother and knows the brother personally; and (2) that the State violated
Jencks v. United States, 353 U.S. 657 (1957), and Brady v. Maryland,
373 U.S. 83 (1963), by failing to disclose evidence of the victim's
pretrial statement which contained exculpatory information. We conclude
that these issues are without merit and affirm the judgment of the trial
court.
Harold Wayne Shaw vs. State - M2003-02842-CCA-R3-PC View
Davidson County - The petitioner, Harold Wayne Shaw,
was convicted by a jury of second degree murder and aggravated kidnapping
in 1996. On direct appeal, this Court affirmed the petitioner's conviction,
but remanded the case to the trial court for resentencing. See State
v. Harold Wayne Shaw, No. 01C01-9707-CR-00259, 1998 WL 731573 (Tenn.
Crim. App, at Nashville, Oct. 21, 1998), perm. app. denied (Tenn. 1999).
On remand, the petitioner was resentenced. The petitioner appealed,
challenging his sentence for the second time, and this Court affirmed
the judgment of the trial court. See State v. Harold Wayne Shaw, No.
M1999-01119-R3-CD, 2000 WL 1606585 (Tenn. Crim. App., at Nashville,
Oct. 27, 2000), perm. app. denied, (Tenn. 2001). The petitioner filed
a timely petition for post-conviction relief alleging ineffective assistance
of counsel in various ways. After a hearing, the post-conviction court
denied the petition for post-conviction relief. On appeal, the petitioner
challenges the post-conviction court's dismissal of the petition. For
the following reasons, we affirm the judgment of the post-conviction
court.
State vs. William Vanblaricum - M2004-01530-CCA-R3-CD View
Franklin County - The defendant, William Vanblaricum,
was convicted by a Franklin County Circuit Court jury of driving under
the influence of an intoxicant (DUI), a Class A misdemeanor. The trial
court imposed a sentence of eleven months, twenty-nine days, with probation
after thirty days in jail and one hundred hours of community service.
The trial court also ordered the defendant to pay a fine of $350.00.
On appeal, the defendant contends that the evidence is insufficient
to support his conviction and that his sentence is excessive. We affirm
the judgment of the trial court.
State vs. Algernon Cross - M2004-01930-CCA-R3-CD View
Davidson County - A jury convicted the Defendant, Algernon
Cross, of one count of facilitation of possession with the intent to
sell .5 grams or more of a schedule II controlled substance and one
count of unlawful possession of a handgun by a convicted felon. The
trial court sentenced the Defendant to an effective sentence of fourteen
years. The Defendant appeals, contending that: (1) the evidence is insufficient
to sustain his convictions; (2) the trial court erred on two of its
evidentiary rulings; and (3) the trial court erred when it sentenced
him. Finding no reversible error, we affirm the judgments of the trial
court.
State vs. Willie Bob King - M2004-00548-CCA-R3-CD View
Warren County - The Defendant was convicted by jury
verdict of two counts of aggravated burglary, two counts of aggravated
assault, and misdemeanor resisting arrest. The trial court sentenced
the Defendant as a Range II offender to ten years for each felony conviction
and six months for the misdemeanor conviction, with the first three
felony conviction sentences to be served consecutively and the remaining
sentences to be served concurrently, resulting in an effective sentence
of thirty years. On appeal, the Defendant raises four issues: 1) the
evidence was insufficient to support his two aggravated burglary convictions
and one aggravated assault conviction; 2) the trial court erred in failing
to allow the defense to impeach the testimony of one of the State's
witnesses by means of a prior juvenile conviction; 3) the trial court
erred in imposing excessive sentences in violation of Blakely v. Washington,
542 U.S. ___, 124 S.Ct. 2531 (2004); and 4) the trial court erred in
imposing consecutive sentences. We affirm the judgments of the trial
court.
State vs. William L. Miller - M2004-01730-CCA-R3-CD View
Montgomery County - A Montgomery County jury convicted
the defendant, William L. Miller, of possession with intent to sell
over 0.5 grams of cocaine, simple possession of marijuana, possession
of drug paraphernalia, evading arrest, assault, resisting arrest, and
driving on a revoked driver's license. The trial court ordered the defendant
to serve an effective sentence of eight years, with six days in the
county jail and the remainder to be served in Community Corrections.
On appeal, the defendant contends that the evidence was insufficient
to support his convictions for possession with intent to sell over 0.5
grams of cocaine and assault. After reviewing the record and applicable
law, we affirm the judgment of the trial court.
Reginald Thomas vs. State - M2004-00557-CCA-R3-PC View
Davidson County - A Montgomery County jury convicted
the defendant, William L. Miller, of possession with intent to sell
over 0.5 grams of cocaine, simple possession of marijuana, possession
of drug paraphernalia, evading arrest, assault, resisting arrest, and
driving on a revoked driver's license. The trial court ordered the defendant
to serve an effective sentence of eight years, with six days in the
county jail and the remainder to be served in Community Corrections.
On appeal, the defendant contends that the evidence was insufficient
to support his convictions for possession with intent to sell over 0.5
grams of cocaine and assault. After reviewing the record and applicable
law, we affirm the judgment of the trial court.
Larry W. Clark vs. Ricky Bell, Warden -
M2005-00285-CCA-R3-HC View
Davidson County - The Petitioner, Larry W. Clark, appeals
from the dismissal of his petition for the writ of habeas corpus. The
State has filed a motion requesting that the Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. We find the State's motion has merit. Accordingly,
the motion is granted and the judgment of the trial court is affirmed
pursuant to Rule 20, Rules of the Court of Criminal Appeals.
State vs. Tyrone Chalmers - W2003-02759-CCA-R3-PC View
Shelby County - The Petitioner, Tyrone Chalmers, appeals
the trial court's denial of his petition for post-conviction relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the petition for post-conviction relief is
time-barred by the statute of limitations, we grant the State's motion
and affirm the judgment of the lower court.
State vs. Jonathan Harris - W2004-00243-CCA-R3-CD View
Lauderdale County - The defendant, Jonathan Harris,
was convicted by jury of attempted second degree murder, a Class B felony;
voluntary manslaughter, a Class C felony; and theft of property valued
between $10,000 and $60,000, a Class C felony. The trial court sentenced
the defendant as a Range I, standard offender to twelve years for the
attempted second degree murder conviction, six years for the voluntary
manslaughter conviction, and five years for the theft of property conviction.
The trial court ordered the sentences to run consecutively for an effective
sentence of twenty-three years. On appeal, the defendant argues: (1)
the trial court erred in not suppressing the defendant's statements
and journal; (2) the evidence was insufficient to support his convictions;
(3) and the trial court erred in imposing an excessive sentence. Following
our review, we affirm the judgments of the trial court.
State vs. Kelvin Howard - W2004-01123-CCA-R3-PC View
Tipton County - The petitioner, Kelvin Lee Howard,
appeals from the post-conviction court's denial of post-conviction relief.
On appeal, he contends that he received the ineffective assistance of
counsel which caused him to enter unknowing and involuntary guilty pleas.
Following our review, we affirm the judgment of the post-conviction
court denying post-conviction relief.
State vs. Christopher Robertson - W2004-02423-CCA-R3-HC View
Hardeman County - The Petitioner, Christopher Robertson,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The Petitioner has failed to file a timely notice
of appeal document. This Court finds that justice does not require waiver.
Accordingly, the above-captioned appeal is dismissed.
State vs. Joseph Tims - W2004-02967-CCA-R3-HC View
Lake County - The Petitioner, Joseph L. Tims, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. James Yates - W2004-01746-CCA-R3-HC View
Shelby County - The Petitioner, James Eugene Yates,
appeals the trial court's denial of his petition for habeas corpus relief.
The State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. Reginald Almo - W2003-02559-CCA-R3-PC View
Shelby County - The Petitioner, Reginald Almo, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Because the petition fails to grant a cognizable claim
for habeas corpus relief, we grant the State's motion and affirm the
judgment of the lower court.
State vs. Eric Amos - W2004-01579-CCA-R3-HC View
Shelby County - The Petitioner, Eric Amos, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court's denial of relief pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The Petitioner has failed to allege any ground that
would render the judgment of conviction void. Accordingly, we grant
the State's motion and affirm the judgment of the lower court.
State vs. Michael Bell - W2004-02991-CCA-R3-HC View
Lake County - The Petitioner, Michael Bell, appeals
the trial court's denial of his petition for habeas corpus relief. The
State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
State's motion is granted. The judgment of the trial court is affirmed.
State vs. Lewis Grimes - W2004-02897-CCA-R3-PC View
Shelby County - The Petitioner, Lewis A. Grimes, appeals
the lower court's denial of his petition for post-conviction relief.
The State has filed a motion requesting that this Court affirm the trial
court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The
petition was filed outside the applicable statute of limitation and
is, therefore, time-barred. Accordingly, we affirm the trial court's
dismissal.
State vs. Kelvin Hooks - W2004-02238-CCA-R3-PC View
Shelby County - This matter is before the Court upon
the motion of appointed counsel seeking permission to withdraw from
further representation of the Appellant in the above-captioned appeal
pursuant to Rule 22, Rules of the Tennessee Court of Criminal Appeals.
Counsel claims that there are no meritorious issues available for appellate
review. Counsel has complied with the procedural requirements of Rule
22, Rules of the Tennessee Court of Criminal Appeals. The Petitioner,
Kelvin Hooks, has failed to submit a responsive brief pursuant to Rule
22(E), Rules of the Tennessee Court of Criminal Appeals. After careful
review of the motion, the accompanying Anders brief, and the appellate
record, including the transcripts of the post-conviction evidentiary
hearing, we agree with counsel's assertion that the appeal has no merit
and is, accordingly, frivolous within the meaning of Rule 22, Rules
of the Tennessee Court of Criminal Appeals. Counsel's motion to withdraw
is granted and the judgment of the trial court is affirmed pursuant
to Rule 20, Rules of the Tennessee Court of Criminal Appeals.
State vs. Miqwon Leach - W2004-02336-CCA-R3-HC View
Lauderdale County - The Petitioner, Miqwon Leach, appeals
the trial court's dismissal of his petition seeking habeas corpus relief.
The State has fil