The following Opinions are available for download:
Cases posted the week of 09/27/2004
State vs. Eric McLean - M2003-02238-CCA-R3-CD View
Marshall County - The appellant, Eric Devon McLean, was found guilty
by a jury in the Marshall County Circuit Court of one count of aggravated
assault. He received a sentence of five and one-half years in the Tennessee
Department of Correction. On appeal, the appellant challenges the sufficiency
of the evidence supporting his conviction and raises various sentencing
issues. Upon our review of the record and the parties’ briefs, we
affirm the judgment of the trial court.
State vs. Michael Yarbrough - M2003-02993-CCA-R3-CD View
Humphries County - The Appellant, Michael Yarbrough,
appeals the revocation of his community corrections sentence by the Humphreys
County Circuit Court. Yarbrough was initially convicted of class C felony
sale of cocaine and placed in the Community Corrections Program for a
term of six years. Following a revocation hearing, Yarbrough was found
to be in violation of his behavioral agreement contract, which resulted
in the reinstatement of his sentence with the Department of Correction.
On appeal, Yarbrough argues that the trial court’s ruling was “arbitrary” and
not justified by the evidence. After review, the judgment of the trial
court is affirmed.
State vs. Kevin Magness - M2003-02990-CCA-R3-CD View
A Warren County Circuit Court jury convicted the defendant, Kevin Magness,
of manufacturing more than one hundred grams of methamphetamine, a Class
B felony, and the trial court sentenced him as a Range I, standard offender
to eight years in confinement. The defendant appeals, claiming that (1)
the evidence is insufficient to support his conviction, and (2) the trial
court erred by allowing into evidence the manner by which the state calculated
the weight of the substance containing methamphetamine. We hold that the
evidence is sufficient to show felonious manufacturing but that an incorrect
standard was used to calculate the weight of the controlled substance.
We modify the defendant’s conviction to reflect a conviction for
a Class C felony, and we remand the case to the trial court for resentencing.
State vs. Franklin Brooks - M2003-00896-CCA-R3-CD
View
Davidson County - Defendant, Franklin D. Brooks, was
indicted by the Davidson County Grand Jury for burglary, theft, and vandalism.
Following a jury trial, Defendant was convicted of burglary, a Class D
felony. Following a sentencing hearing, Defendant was sentenced as a Range
II offender to serve seven years on community corrections. As a condition
of his sentence, Defendant was ordered to complete the Lifelines program
while incarcerated. Defendant appeals his sentence. We conclude that the
trial court erred by sentencing Defendant to serve more than one year
of his sentence of split confinement in continuous confinement. We also
conclude that Defendant is entitled to receive credit for time served
in confinement. Accordingly, we remand this case for entry of an Amended
Judgment to allow credit for time served in confinement, and we modify
the sentence, and order that Defendant be released from custody and placed
on community corrections to serve the remainder of his sentence.
State vs. Lamont Hayes - M2003-01825-CCA-R3-CD View
Williamson County - Defendant, Lamont E. Hayes, was indicted
on twenty counts of forgery, attempted forgery, theft over $1,000, theft
over $500, and fraudulent use of a credit card. Following a jury trial,
Defendant was convicted of the following offenses: Count 1, theft of property
over $1,000, a Class D felony; Count 2, fraudulent use of a credit card,
a Class A misdemeanor; Counts 3, 7, 8, and 16, forgery, a Class E felony;
Counts 4, 5, 10, 13, 14, 17, and 18, the lesser included offense of facilitation
of a forgery, a Class A misdemeanor; and Count 12, theft of property under
$500, a Class A misdemeanor. The jury found Defendant not guilty of Count
19, attempted forgery, a Class A misdemeanor. The State requested, and
was granted, a nolle prosequi as to Counts 6, 9, 11, 15, and 20. Following
a sentencing hearing the trial court sentenced Defendant as a Range I,
standard offender, to four years for Count 1, theft of property over $1,000,
and two years for each forgery conviction in Counts 3, 7, 8, and 16. The
trial court sentenced Defendant to eleven months twenty-nine days for
each misdemeanor conviction. The trial court ordered the felony sentences
to be served consecutively, and the misdemeanor sentences to be served
concurrently with each other and consecutively to the felony sentences,
for an effective sentence of twelve years, eleven months, and twenty-nine
days. On appeal, Defendant argues that the evidence is insufficient to
support his convictions and that the trial court erred in determining
the length of Defendant’s sentence and imposing consecutive sentencing.
Based on a review of the record, we conclude that the trial court improperly
applied enhancement factor (5) in determining the length of Defendant’s
sentences. Based upon our de novo review, we modify the trial court’s
judgment to reduce Defendant’s sentence for theft of property over
$1,000 by one year to a sentence of three years. The trial court’s
judgment is affirmed in all other respects.
State vs. Jimmy McCrary, Jr. - M2003-02087-CCA-R3-CD View
Rutherford County - Defendant, Jimmy M. McCrary, Jr.,
pled guilty to the following charges without a recommendation from the
State as to sentencing: two counts of sale of .5 grams or more of cocaine
in Case No. F53183A; one count of possession of .5 grams or more of cocaine
with the intent to sell in Case No. F53594A; one count of sale of .5 grams
or more of cocaine in Case No. F53916. Defendant also waived the presentment
of Case No. F54156 to the Rutherford County grand jury and pled guilty
to one count of sale of .5 grams or more of cocaine upon a criminal information.
See Tenn. Code Ann. § 40-3-103. Each of the charged offenses is a
Class B felony. As part of the plea agreement, the State agreed to the
dismissal of count two of Case No. F53916 and count three of Case No.
F53183A. Following a sentencing hearing, the trial court sentenced Defendant
to an effective sentence of twenty-eight years as a Range I, standard
offender. Defendant now appeals the length of his sentences in Case Nos.
F53183A and F54156, and the trial court’s order that his sentence
in Case No. F54156 run consecutively to his sentences in Case No. F53183A.
Defendant does not appeal the trial court’s order that his sentences
in Case Nos. F53183A and F54156 run consecutively to his sentences in
Case Nos. F53594 and F53916. After a careful review of the record in this
matter, we reverse the trial court’s order that Defendant’s
sentence in Case No. F54156 run consecutively with his sentences in Case
No. F53183A. We reverse the trial court’s judgment as to sentencing
in Case Nos. F53183A and F54156, and remand for a new sentencing hearing
as to the length of the sentences in these cases. In all other aspects,
the trial court’s judgments are affirmed.
State vs. Jimmy McGlothen - M2004-00163-CCA-R3-CD View
Sequatchie County - The appellant, Jimmy L. McGlothen,
pled guilty in the Sequatchie County Circuit Court to one count of aggravated
sexual exploitation of a minor. He received a sentence of six years incarceration
in the Tennessee Department of Correction. The trial court denied
the appellant any form of alternative sentencing, and the appellant appeals
that denial. Upon our review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
William Wiley vs. State - M2003-00661-CCA-R3-P View
Davidson County - The post-conviction court ordered a
new trial relating to the petitioner’s felony murder conviction
for which he was sentenced to life without parole, but denied him relief
regarding his especially aggravated robbery conviction. The state appeals,
contending the post-conviction court erred in granting relief based upon
the trial court’s failure to charge second degree murder as a lesser-included
offense of felony murder. The petitioner cross-appeals, asserting: (1)
he received ineffective assistance of counsel at the trial level; (2)
he is entitled to relief based upon the results of DNA testing; (3) the
trial court erred in failing to charge intoxication as a defense; (4)
the trial court erred in admitting victim impact evidence and in failing
to properly instruct the jury during the penalty phase; and (5) the trial
court improperly instructed the jury regarding the prior violent felony
aggravating circumstance. We affirm the judgment of the post-conviction
court.
State vs. Worley K. Henry - E2003-02630-CCA-R3-CD View
Sullivan County - On May 1, 2003, the defendant, Worley
K. Henry, was convicted by a Sullivan County jury of theft of property
valued at less than $500, possession of a Schedule IV controlled
substance, and tampering with evidence. The trial court sentenced him
to eleven months and twenty-nine days each for the theft and possession
convictions and six years for the tampering with evidence conviction.
The theft and evidence tampering sentences were to run concurrently to
each other, but consecutively to the possession sentence. The defendant
appealed his convictions for theft of property valued at less than $500
and tampering with evidence. He has alleged that the evidence is insufficient
to support verdicts of guilty for these offenses. We affirm the judgments
of the trial court.
State vs. Anthony Cuttle - W2003-00684-CCA-R3-PC View
(Concur) - View
Shelby County - The petitioner appeals the denial
of his petition for post-conviction relief, arguing that the post-conviction
court erred in finding he received effective assistance of counsel
and in denying his request to represent himself at the post-conviction
proceeding. Following our review, we affirm the denial of the petition.
State vs. Vincent Hatch - W2003-02821-CCA-R3-PC View
Shelby County - The petitioner, Vincent Hatch, appeals
the trial court's denial of his petition for post-conviction relief
alleging that he was denied the effective assistance of counsel. The judgment
of the post-conviction court is affirmed.
State vs. Ambreco Shaw - W2003-02822-CCA-R3-CD View
Shelby County - The defendant, Ambreco Shaw, was convicted
by a Shelby County Criminal Court jury of second degree murder, a Class
A felony, for shooting a man to death at a Memphis public housing development.
The trial court sentenced him as a standard, violent offender to twenty-four
years in the Department of Correction, applying four enhancement
factors to increase his sentence from the presumptive twenty-year midpoint
in the range. In a timely filed appeal to this court, the defendant raised
as his sole issue whether the evidence was sufficient to sustain
his conviction. However, following the United States Supreme Court’s opinion in
Blakely v. Washington, 542 U.S. ___ , 124 S. Ct. 2531 (2004), which was
released during the pendency of this appeal, the defendant sought and
received permission from this court to raise as an additional issue the
impact of the Blakely decision on the sentencing imposed in his case.
Based on our review of the record, the parties’ briefs, and applicable
law, we conclude that the evidence was sufficient to sustain the defendant’s
conviction and that two of the four enhancement factors were appropriately
applied under Blakely. We further conclude that the applicable factors
justify the enhanced sentence in the case. Accordingly, we affirm the
judgment of the trial court.
Raymond Jones vs. State - E2003-00580-CCA-R3-PC View
Washington County - Petitioner, Raymond Roger Jones,
appeals the Washington County Criminal Court’s dismissal of his
pro se combined motion to reopen his post-conviction petition, petition
for writ of error coram nobis, and petition for DNA analysis. Petitioner
was convicted by a jury in the Knox County Criminal Court of two counts
of first degree murder. He received consecutive life sentences. This Court
affirmed Defendant’s convictions and sentences on direct appeal.
See State v. Jones, 735 S.W.2d 803 (Tenn. Crim. App. 1987). Petitioner
filed a petition for post-conviction relief in the Washington County Criminal
Court. The trial court dismissed the petition, and this Court affirmed.
See Raymond Roger Jones v. State, No. 03C01-9102-CR-00068, 1991 Tenn.
Crim. App. LEXIS 584, (Tenn. Crim. App. at Knoxville, July 26, 1991),
perm. to app. denied (Tenn. 1992). On June 22, 2001, Petitioner filed
a pro se motion to reopen his post-conviction petition, alleging that
the United States Supreme Court’s decision in Apprendi v. New Jersey,
530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), established a
new rule of constitutional law requiring retroactive application to his
case. Petitioner subsequently filed a supplemental request for DNA analysis.
The trial court dismissed the motion and denied Petitioner’s request
for DNA Analysis. Petitioner appeals. After reviewing the record, we affirm
the judgments of the trial court.
State vs. Donavan Daniel -
W2003-02511-CCA-R3-PC View
Weakley County - Petitioner, Donavan Edward Daniel,
filed a pro se petition for post-conviction relief alleging, as
amended, that his trial counsel provided ineffective assistance of
counsel by failing (1) to raise the legality of Petitioner's detention
as an issue in his motion to suppress; (2) to demonstrate a particularized
need for expert services and timely present the affidavit of the
proposed expert to the trial court; and (3) to request a mistrial
or curative instruction when two prospective jurors stated during
voir dire that they were familiar with Petitioner's juvenile record
and family background. Following an evidentiary hearing, the post-conviction
court denied Petitioner's request for post-conviction relief. After
a thorough review of the record, we affirm the judgment of the post-conviction
court.
State vs. Billy Quillen - E2004-00417-CCA-R3-CD View
Greene
County - The defendant, Billy Wayne Quillen, pled guilty to
two counts of attempt to obtain a controlled substance by fraud
and was placed on judicial diversion for two years. His diversion was
subsequently revoked, and the trial court reinstated his original two-year
sentence to be served at 100%. On appeal, the defendant argues that
the trial court erred in ordering him to serve his sentence at 100%
without release eligibility, and the State agrees. Based upon our review,
we modify the defendant's sentence to reflect release eligibility after
service of 30% of the two-year sentence.
State vs. Mark Godsey - E2003-02141-CCA-R3-HC View
Hamilton
County - Defendant appeals the trial court's dismissal of
his petition for writ of habeas corpus in Case No. 242704 in which
Defendant alleged that the municipal ordinance supporting his conviction
for reckless driving was unlawfully enacted. Defendant also appeals
the trial court's order declaring him to be an habitual motor vehicle
offender in Case No. 239641. After a thorough review of the record,
we affirm the trial court's judgments in Case Nos. 242704 and 239641.
Wayne Davidson vs.
Ricky Bell, Warden - M2003-01128-CCA-R3-HC View
Davidson
County - The petitioner, Wayne Davidson, was convicted in
the Meigs County Criminal Court of second degree burglary. Upon being
found by a jury to be an habitual criminal, the petitioner was sentenced
to life imprisonment. Subsequently, the petitioner filed in the Davidson
County Circuit Court a pro se petition for writ of habeas corpus,
alleging that the statutes under which he received a life sentence
were unconstitutional. The trial court summarily dismissed the petition,
and the petitioner timely appealed. Upon review of the record and the
parties' briefs, we affirm the judgment of the trial court.
State vs. Wayne Bostic -
W2003-03082-CCA-R3-CD View
Lauderdale
County - Following a jury trial, Defendant, Wayne Bostic,
was convicted of one count of delivery of cocaine, a Schedule II controlled
substance. The trial court sentenced Defendant to five years confinement
as a Range I, standard offender. Defendant does not appeal his
sentence. Defendant does, however, appeal the sufficiency of the convicting
evidence. Following a review of the record, we affirm the trial court's
judgment.
Tony Mabry vs. State - W2003-02197-CA-R3-PC View
Shelby
County - Petitioner, Tony Mabry, appeals the trial court's
dismissal of his petition for post-conviction relief. Petitioner
argues that his trial counsel rendered ineffective assistance of counsel
because she (1) failed to request a pre-trial voice line-up; (2) failed
to cross-examine the victim about his prior statements to the police;
and (3) failed to subpoena the police officer who took the victim's
initial statement to testify at trial. After a thorough review of the
record, the judgment of the trial court is affirmed.
State vs. Stanley Hughes -
E2004-00105-CCA-R3-CD View
Bradley
County - Defendant, Stanley Craig Hughes, was indicted for
one count of second degree murder, one count of aggravated assault,
two counts of reckless endangerment, and one count of unlawful
possession of a weapon. The State entered a nolle prosequi on the unlawful
possession of a weapon charge, and Defendant was tried on the other
charges. Defendant's first trial ended in a mistrial. At the conclusion
of Defendant's second trial, the jury found Defendant guilty of aggravated
assault and not guilty of the charge of second degree murder and both
counts of reckless endangerment. Following a sentencing hearing, the
trial court sentenced Defendant to six years in the Tennessee Department
of Correction. On appeal, Defendant argues that the evidence was insufficient
to support his conviction for aggravated assault, and that the trial
court improperly applied enhancement factors and failed to consider
mitigating factors in determining the length of Defendant's sentence.
After a thorough review of the record, we affirm the judgment of the
trial court.
State vs. Frankie Casteel -
E2003-01563-CCA-R3-CD View
Hamilton
County - Defendant was indicted on three counts of first degree
murder, and a jury found Defendant guilty on all counts. On appeal,
this Court reversed Defendant's convictions and remanded for a
new trial because of the inappropriate admission of certain evidence
and the prosecutor's reliance on the inadmissable evidence during closing
argument. State v. Frankie E. Casteel, No. E1999-00076-CCA-R3-CD, 2001
WL 329538 (Tenn. Crim. App., Knoxville, April 5), perm. to appeal denied
(Tenn. 2001). At the conclusion of the second trial, the jury again
found Defendant guilty of three counts of first degree murder. On appeal,
Defendant argues that (1) the Hamilton County District Attorney's Office
should have been disqualified from prosecuting Defendant in this case;
(2) the evidence is insufficient to support Defendant's convictions;
(3) the trial court erred in allowing certain testimony; and (4) the
trial court erred in admitting Defendant's adopted admission through
Marie Hill's testimony. Following a thorough review of the record in
this matter, we affirm the judgments of the trial court.
George
Faulkner vs. Howard Carlton, Warden - E2004-00387-CCA-R3-HC View
Johnson
County - The petitioner, George G. Faulkner, appeals the 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, Rules of the Court of Criminal
Appeals. The petition fails to establish a cognizable claim for relief.
Accordingly, the state's motion is granted and the judgment of the
trial court is affirmed.
Cases posted the week of 09/20/2004
Michael Addison vs. Tony Parker -
W2004-00032-CCA-R3-HC View
Lake County -
The Petitioner, Michael Addison, 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 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.
State vs. Novella Beard - W2003-01646-CCA-R3-CD
View
Shelby
County - The defendant, Novella Beard, appeals from a conviction for
aggravated robbery on the basis of insufficiency of the evidence and alleged
error concerning jurors' questions of witnesses. We find no reversible error
and affirm the conviction.
State vs. Arzolia
Goines - W2003-02281-CCA-R3-HC View
Hardeman County
- The Petitioner, Arzolia Charles Goines, 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 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.
Bernie R. McGill vs. State - E2004-00142-CCA-R3-PC
View
Knox County
- The Appellant, Bernie R. McGill, appeals the dismissal of his petition for
post-conviction relief by the Knox County Criminal Court. The post-conviction
court concluded that it was without jurisdiction to review McGill's claims
because the petition was filed outside the one-year limitation period. After
review, we affirm the dismissal of the petition.
State vs. Freeman Hale - E2003-03009-CCA-R3-CD
View
Hamilton
County - The Appellant, Freeman Antoine Hale, appeals from the
judgment of the Hamilton County Criminal Court revoking his community
corrections sentences. Hale pled guilty to aggravated burglary and possession
of cocaine with intent to sell and received an effective three-year sentence.
As a result of these convictions, he was placed on intensive probation but,
following violations of release, he was resentenced to community corrections.
Hale then proceeded to violate his community corrections agreement, and the
trial court ordered him to serve the remainder of his sentences in the
Department of Correction. On appeal, Hale asserts that the evidence was
insufficient to establish that the violations occurred. After review, the
judgment of the trial court is affirmed.
State vs. Michael Allen aka Michael Carta, In Re:
Sanford and Sons Bail Bonds - E2004-00292-CCA-R3-CD
View
Washington
County - Sanford and Sons Bail Bonds, Inc., the appellant, appeals
from the trial court's denial of relief from final forfeiture of its bond. At
the hearing set to determine whether final forfeiture of the bond should occur,
the appellant did not appear and the trial court entered a judgment against the
appellant declaring final forfeiture. The appellant then sought relief from the
final forfeiture judgment, pursuant to Rule 60.02 of the Rules of Civil
Procedure, Tennessee Code Annotated section 40-11-201(b), and sought a stay of
execution of the judgment. Because the notice of appeal was not timely filed in
this matter, we are without jurisdiction to determine whether the trial court
erred in entering a final forfeiture against the appellant based upon its claim
under Tennessee Code Annotated section 40-11-201(b). We further conclude that
the trial court did not abuse its discretion in refusing to grant a stay of
execution or relief under Rule 60.02 of the Tennessee Rules of Civil Procedure.
We affirm the judgment of the trial court.
State vs. Sean Anthony - W2003-01440-CCA-R3-CD
View
Shelby
County - The Defendant, Sean Anthony, was tried and convicted of four
counts of aggravated robbery. On appeal he contends that: (1) the trial court
improperly refused to accept his guilty plea; (2) the trial court should have
suppressed his statement to police; and (3) the evidence is insufficient to
sustain his convictions. Finding no error, we affirm the judgments of the trial
court.
State vs. John Burns -
W2003-01464-CCA-R3-CD View
Carroll
County - While initially indicted on three counts of attempted first
degree murder, the defendant, John Mark Burns, was convicted on three counts of
attempted second degree murder. The trial court imposed sentences of eleven
years for each offense, all of which are to be served concurrently. In this
appeal of right, the defendant challenges the sufficiency of the evidence, he
argues that the trial court erred in several of its instructions to the jury,
and he contends that the sentence is excessive. Because the trial court erred
in its application of certain enhancement factors, the defendant's sentences
are modified to three concurrent nine-year terms. Otherwise, the judgments of
the trial court are affirmed.
State vs. Tony
Harp - W2003-01655-CCA-R3-CD View
Lauderdale
County - The Appellant, Tony Harp, was convicted in the Lauderdale
County Circuit Court of one count of theft of property valued between $ 1,000
and $ 10,000, a class D felony. Following a sentencing hearing, the trial court
imposed a thirty-month community corrections sentence, with service of ninety
days in the county jail. On appeal, Harp asserts that: (1) the evidence is
insufficient to sustain the conviction and (2) the trial court erred in denying
him full probation. After review of the record, we find no error and affirm the
judgment of conviction and resulting sentence.
State vs. Tony Johnson - W2003-02098-CCA-R3-CD
View
Shelby
County - The appellant, Tony O. Johnson, was convicted by a jury in
the Shelby County Criminal Court of second degree murder. Following the
appellant's conviction, the trial court imposed a sentence of twenty-five years
incarceration in the Tennessee Department of Correction. On appeal, the
appellant challenges the sufficiency of the evidence supporting his conviction
and the trial court's application of certain enhancement factors. Upon our
review of the record and the parties' briefs, we affirm the judgment of the
trial court.
Raymond Mitchell vs. State
- M2003-02063-CCA-R3-PC View
Davidson
County - The petitioner, Raymond Mitchell, was convicted in 1996 of
two counts of rape and one count of attempted rape. He pled nolo contendere to
a third rape charge, which was reduced to sexual battery. He received a total
effective sentence of fifteen years as a Range I, standard offender, and his
convictions were affirmed on direct appeal. Subsequently, he filed a petition
for declaratory judgment in the Chancery Court for Davidson County, alleging he
was entitled to earn sentence reduction credits and challenging his
classification as a "multiple rapist." The trial court dismissed the petition
and he appealed. The Court of Appeals held that the Department of Correction
("DOC") did not err by classifying the petitioner as a multiple rapist and
determining he was not eligible for sentence reduction credits. The petitioner
then filed a petition for post-conviction relief, alleging ineffective
assistance of counsel, prosecutorial misconduct, improper jury instructions,
double jeopardy violations, and again challenging the sentence enforcement by
the DOC. Following a hearing, the post-conviction court denied the petition,
and this appeal followed. We affirm the order of the post-conviction court
denying the petition but remand for entry of corrected judgments in Counts 2
and 3 to reflect that the petitioner is a "multiple rapist," and his sentences
are to be served as such.
Dorian Bautista
vs. State - M2002-01707-CCA-R3-PC View
Bedford
County - The petitioner, Dorian Soriano Bautista, appeals from the
Bedford County Circuit Court's dismissal of his petition for post-conviction
relief from his conviction for theft over one thousand dollars, a Class D
felony. He contends that he received the ineffective assistance of counsel
because his attorneys failed to explain to him the adverse consequences that
his guilty plea and conviction could have on his resident alien status, which
led to his deportation. We affirm the trial court.
Thomas Warren vs. State - M2002-02907-CCA-R3-CO
View
Sumner
County - The petitioner, Thomas R. Warren, Jr., appeals the Sumner
County Criminal Court's dismissal of his petition for post-conviction relief.
He claims that the trial court erred by denying his petition to test evidence
pursuant to T.C.A. § 40-30-303 (2003), the Post-Conviction DNA Analysis
Act of 2001. We affirm the trial court's dismissal of the petition.
State vs. Kathy E. Cooper - E2003-01575-CCA-R3-CD
View
Blount
County - The defendant appeals her resentencing following the
revocation of her eight-year community corrections sentence for vehicular
homicide, a Class B felony, arguing that the trial court erred in ordering her
to serve twelve years in the Department of Correction, following her arrest for
DUI. Based on the subsequent decision of the United States Supreme Court in
Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004), we remand this
matter to the trial court for reconsideration in light of its holding.
State vs. Anthony Rainer -
W2004-01109-CCA-R3-HC View
Lauderdale
County - This matter is before the Court upon the State's motion to
affirm the judgment of the trial court by order pursuant to Rule 20, Rules of
the Court of Criminal Appeals. The Petitioner appeals the trial court's denial
of habeas corpus relief. The Petitioner fails to assert a cognizable ground for
habeas corpus relief. Accordingly, the State's motion is granted and the
judgment of the trial court is affirmed.
State
vs Seanise Shaw - W2003-02041-CCA-R3-PC View
Shelby County -
Seanise Shaw, the petitioner, appeals the Shelby County Criminal Court's denial
of her petition for post-conviction relief. The lower court found her
allegations of ineffective assistance of counsel unsupported by the evidence
and denied relief. Because we are unpersuaded of error, we affirm.
State vs. James Thomas - W2004-01037-CCA-R3-HC
View
Lauderdale
County - This matter is before the Court upon the State's motion to
affirm the judgment of the trial court by order pursuant to Rule 20, Rules of
the Court of Criminal Appeals. The Petitioner appeals the trial court's denial
of habeas corpus relief. The Petitioner fails to assert a cognizable ground for
habeas corpus relief. Accordingly, the State's motion is granted and the
judgment of the trial court is affirmed.
State vs. Robin Vanhoose - W2003-02176-CCA-R3-CO
View
Hardin
County - The defendant, Robin McNeal Vanhoose, appeals the trial
court's dismissal of his motion to correct illegal sentence. The State filed a
motion to dismiss the appeal or, in the alternative, to affirm the dismissal by
the trial court pursuant to Rule 20, Rules of the Tennessee Court of Criminal
Appeals. Upon reviewing the record, the defendant's brief, and the State's
motion and brief, we affirm the trial court's dismissal of the defendant's
motion to correct illegal sentence.
State
vs. Raymond K. McCrary - E2003-02368-CCA-R3-CD
View
Washington
County - The defendant, Raymond K. McCrary, pled guilty to one count
of manufacture of a Schedule VI controlled substance, marijuana, a Class E
felony, and one count of possession for resale of a Schedule VI controlled
substance, marijuana, also a Class E felony. He was sentenced as a Range I,
standard offender to one year in the Department of Correction on each count to
be served concurrently. On appeal, the defendant argues that the trial court
abused its discretion in denying alternative sentencing. Based on our review,
we affirm the length of the sentence but modify it to reflect a period of
incarceration of sixty days, with the remainder to be served on probation with
appropriate conditions to be established by the trial court.
State vs. Christopher T. Cochran -
E2003-02797-CCA-WR-CO View
Greene County
- The defendant pled guilty in 2000 to vehicular homicide and the judgment
ordered, in addition to setting the sentence at five years and the restitution
amount, that he forfeit his driver's license for five years. Following his
release from incarceration, he petitioned the trial court to reduce the period
of suspension of his license to three years. The trial court granted this
petition, and the State appealed, arguing that the court was without authority
to alter the license revocation period. Upon our review, we find that the
judgment, which was the basis for the defendant's request that the trial court
reduce the suspension period to three years and the State's appeal of the court
order doing so, had been superseded by an amended judgment entered several days
after the first which corrected the listing of the statute for the defendant's
conviction offense but omitted setting a period of suspension of his driver's
license. Accordingly, we vacate the order of the trial court reducing the
suspension period to three years and remand for entry of a second corrected
judgment, this one to set a period for the license revocation.
Cases posted the week of 09/13/2004
State vs. Franklin Brown -
W2003-01863-CCA-R3-CD View
(Concur/Dissent) - View
Carroll County
- The defendant, Franklin Darnell Brown, Jr., was convicted of manufacturing
methamphetamine and possession of drug paraphernalia. The trial court ordered
concurrent sentences of six years and eleven months, twenty-nine days,
respectively. In this appeal of right, the defendant contends that the evidence
was insufficient to support his conviction for manufacturing methamphetamine
and that the sentence was excessive. The judgments of the trial court are
affirmed.
State vs. Christopher
Kirkendall - W2004-00784-CCA-R3-CD View
(Dissent) - View
Shelby County
- The defendant, Christopher Kirkendall, indicted for one count of attempted
first degree murder and two counts of aggravated robbery, was convicted of
facilitation of attempted second degree murder and two counts of facilitation
of aggravated robbery, all Class C felonies. The trial court imposed a sentence
of six years for facilitation of attempted second degree murder and, after
merging the robbery convictions, imposed a five-year sentence for one count of
facilitation of aggravated robbery. The sentences were ordered to be served
consecutively to each other and consecutively to a previously imposed
twelve-year sentence for an unrelated offense. In this appeal of right, the
defendant challenges the sufficiency of the identity evidence and argues that
the sentences should be concurrently served. Since the filing of the briefs,
the defendant has also asked to consider the impact of the ruling in Blakely v.
Washington, 542 U.S. ____ , 124 S. Ct. 2531 (2004), as to the lengths of the
sentences. The judgments are affirmed as modified.
State vs. Victor McMiller Sr. -
W2003-02480-CCA-R3-HC View
Hardeman
County - The Petitioner, Victor D. McMiller, Sr., 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 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.
State vs. L.H. Cutshall -
E2003-02240-CCA-R3-CD View
Sullivan
County - On November 13, 2002, the defendant, Leonard H. Cutshall, was
indicted by the Sullivan County Grand Jury for (1) transportation of untaxed
beer in excess of 100 cases and (2) depriving the State of lawful revenue, both
Class E felonies. The defendant pled guilty to these charges at a hearing held
on April 21, 2003. As part of the plea agreement, the defendant was to be
sentenced to two years as a Range II offender for each count and pay a fine of
$2,000 for each count. In addition, the defendant was ordered to pay the State
$511.27 in lost revenue. At a hearing held on September 15, 2003, the trial
court denied the defendant alternative sentencing and probation. The defendant
has appealed that decision to this Court. We have found no error on the part of
the trial court. Therefore, we affirm the decision of the trial court.
State vs. Jeremy Daniel Loader -
M2003-01084-CCA-R3-CD View
DeKalb County
- Defendant, Jeremy Loader, pled guilty on July 12, 2002, pursuant to a
negotiated plea agreement, to two counts of theft of property over $1,000, a
Class D felony, and two counts of arson, a Class E felony in Case No. 02-002.
In Case No. 01-146, Defendant pled guilty to two counts of burglary other than
a habitation, a Class D felony. The terms of Defendant's plea agreement set the
length and manner of service of Defendant's sentence as follows. In Case No.
02-002, Defendant would serve four years on each of the theft of property
convictions, all suspended but nine months, and two years for each of the arson
convictions, all suspended but 144 days, with Defendant placed on probation for
the remainder of his sentences on each count. For Case No. 01-146, Defendant
would serve four years for each arson conviction, all suspended but nine
months, with Defendant placed on probation for the remainder of his sentences.
The sentences in Case No. 02-002 and Case No. 01-146 would be served
concurrently for an effective sentence of four years. In exchange, the State
withdrew other charges against Defendant. Defendant spent nine months in jail
before entering his guilty pleas because he was unable to make bond. The trial
court granted Defendant's request for judicial diversion, and Defendant was
placed on judicial diversion for a period of six years. Defendant's judicial
diversion in both cases was revoked on April 21, 2003, and the trial court
sentenced Defendant to an effective sentence of four years in the Tennessee
Department of Correction, with pretrial jail credit of nine months, in
accordance with the terms of his plea agreement. Defendant does not appeal the
revocation of his judicial diversion but argues that the trial court erred in
ordering a sentence of confinement. Defendant contends that the terms of his
plea agreement called for a sentence of split confinement, with the period of
confinement already served, in the event his judicial diversion was
subsequently revoked. Alternatively, Defendant argues that the trial court
erred in not conducting a sentencing hearing prior to imposing Defendant's
sentence. Following a thorough review, we affirm the judgments of the trial
court.
Steven Tutt vs. State -
M2003-01168-CCA-R3-CO View
Marshall County -
The defendant, Steven Douglas Tutt, appeals the Marshall County Circuit Court's
order that retired his motion for expungement. We dismiss the appeal.
State vs. Lilly Gifford -
M2003-02828-CCA-R3-CD View
Sumner
County - The appellant, Lilly Bell Gifford, pled guilty in the Sumner
County Criminal Court to the sale of cocaine, and the trial court sentenced her
to six years incarceration in the Tennessee Department of Correction. However,
the appellant was permitted to serve the bulk of her sentence on probation.
Thereafter, the trial court revoked the appellant's probation and ordered her
to serve the balance of her sentence in confinement. On appeal, the appellant
challenges the revocation of her probationary sentence. Upon our review of the
record and the parties' briefs, we affirm the judgment of the trial court.
Demetrius Lancaster vs. State -
M2002-02432-CCA-R3-PC View
Giles County -
The petitioner, Demetrius Lancaster, appeals as of right from the order of the
Giles County Circuit Court holding that his petition for post-conviction relief
was barred by the statute of limitations. The petitioner contends that the
trial court erred in dismissing his petition for being filed outside the
one-year statute of limitations for filing post-conviction relief. We affirm
the trial court.
State vs. Monqueze L.
Summers - M2003-00379-CCA-R3-CD View
Davidson
County - The case before us concerns the untimely death of Montrell
Mason and the aggravated robbery of Clinton Anderson and Christopher Fears. The
defendant stands convicted of Mason's felony murder in the perpetration of
robbery, two counts of aggravated robbery, and weapon possession. We affirm the
convictions and sentences.
State vs.
Christopher Hatcher - W2003-01867-CCA-R3-CD View
Shelby County
- The Defendant, Christopher Hatcher, was tried and convicted for first degree
felony murder, second degree murder, attempted first degree murder and reckless
endangerment for shooting three victims. The trial court merged the second
degree murder conviction with the felony murder conviction and then sentenced
the Defendant to life with the possibility of parole for the felony murder
conviction, twenty years for the attempted murder conviction, and eleven months
and twenty-nine days for the reckless endangerment conviction. The Defendant
appeals, contending that: (1) the trial court erred by not granting his motion
for new trial because the State failed to give the Defendant exculpatory
evidence; (2) the trial court improperly allowed the State to refer to an
alleged robbery previously committed by the Defendant; (3) the trial court
erred when it allowed a witness to testify about the alleged robbery; (4) the
trial court improperly allowed expert fingerprint testimony; (5) the trial
court erred when it did not grant a mistrial based upon the State's biblical
references; (6) the trial court erred by refusing to dismiss a sleeping juror;
(7) the trial court erred when it allowed hearsay testimony of a witness; and
(8) the evidence is insufficient to sustain his conviction. After a thorough
review of the record and applicable case law, we conclude that there is no
reversible error in the judgments of the trial court. Accordingly, we affirm
its judgments.
State vs. Robert
McChristian - W2003-03034-CCA-R3-HC View
(Concur) - View
Lauderdale
County - The petitioner, Robert McChristian, appeals from a summary
dismissal of his petition for habeas corpus relief. We affirm.
State vs. Marcus Nixon - W2003-01909-CCA-R3-CD
View
Lauderdale
County - The Appellant, Marcus Vashawn Nixon, appeals his jury
conviction for rape of a child in the Lauderdale County Circuit Court. As
grounds, he asserts that the trial court erred in denying his motion to
suppress pre-trial photo identification evidence based upon a Rule 16 discovery
violation. After review of the record, we find no reversible error and affirm
the decision of the trial court.
State vs.
Gregory Morrow - W2003-02401-CCA-R3-CD View
Shelby County
- The appellant, Gregory Morrow, was found guilty by a jury in the Shelby
County Criminal Court of possessing 300 grams or more of cocaine with the
intent to sell, possessing 300 grams or more of cocaine with the intent to
deliver, and two counts of possessing marijuana. The appellant received a total
effective sentence of fifteen years incarceration in the Tennessee Department
of Correction. On appeal, the appellant challenges the trial court's ruling on
his motion to suppress and raises complaints regarding the application of Rule
41(g) of the Tennessee Rules of Criminal Procedure. Upon our review of the
record and the parties' briefs, we affirm the judgments of the trial court, but
we remand for a merger of the appellant's two cocaine convictions and his two
marijuana convictions.
State vs. Alfonso
Martinez - W2003-01497-CCA-R3-CD View
Henderson
County - The appellant, Alfonso Martinez, was found guilty by a jury
in the Henderson County Circuit Court of felony possession of drug
paraphernalia and was sentenced to two years incarceration in the Tennessee
Department of Correction. On appeal, the appellant's sole issue is the
constitutionality of Tennessee Code Annotated sections 39-17-424 and 39-17-425
(2003). Upon review of the record and the parties' briefs, we conclude that the
appellant has waived his issue. Therefore, we affirm the judgment of the trial
court.
State vs. Darry Miller -
W2003-01511-CCA-R3-CD View
Lauderdale
County - Darry Miller appeals from his Lauderdale County Circuit Court
conviction of delivery of a Schedule II controlled substance less than 0.5
grams. He claims that the evidence presented at trial is insufficient to
sustain a conviction. We disagree and affirm.
State vs. Cornelius Hicks/Troy Springfield -
W2003-03035-CCA-R3-CD View
Lauderdale
County - The defendants, Cornelius D. Hicks and Troy Lee Springfield,
and two codefendants, Bryan T. Oldham and Kenyale M. Pirtle, were charged with
aggravated assault, a Class C felony, for firing a gun at the victim, Keiston
Campbell, as he drove his car down a Henning street. Pirtle subsequently pled
guilty to aggravated assault, and a fifth individual involved in the incident
had his case handled in juvenile court. The three remaining defendants,
Springfield, Hicks, and Oldham, were tried jointly before a Lauderdale County
Circuit Court jury, which acquitted Oldham but convicted both Hicks and
Springfield of the lesser-included offense of facilitation of aggravated
assault, a Class D felony. The trial court sentenced Hicks as a Range I,
standard offender to three years in the Department of Correction, with the
sentence suspended and the defendant placed on supervised probation following
service of 250 days, to be served consecutively to a sentence for an offense
for which he was on probation at the time of the instant offense. Springfield
was sentenced as a Range I, standard offender to three years in the Department
of Correction, with the sentence ordered to be served consecutively to his
sentence for violation of parole. The sole issue Hicks raises on appeal is
whether the evidence was sufficient to sustain his conviction. Springfield
challenges the trial court's denial of his motions to sever his trial and for
judgment of acquittal. Following our review, we affirm the judgments of the
trial court.
State vs. Larry Hunt -
W2003-01738-CCA-R3-CD View
Shelby County -
The appellant, Larry Hunt, was convicted by a jury in the Shelby County
Criminal Court of one count of aggravated rape, one count of aggravated
robbery, and one count of aggravated kidnapping. Following a hearing, the trial
court sentenced the appellant to twenty-five years incarceration for the
aggravated rape conviction, twelve years incarceration for the aggravated
robbery conviction, and twelve years incarceration for the aggravated
kidnapping conviction. The trial court ordered the sentence for aggravated rape
be served consecutively to the remaining sentences, for an effective
thirty-seven year sentence. On appeal, the appellant challenges the sufficiency
of the evidence to support his conviction of aggravated rape and the imposition
of consecutive sentencing. In light of the United States Supreme Court's
decision in Blakely v. Washington, __ U.S. __, 124 S. Ct. 2531 (2004), we
modify the appellant's sentence for aggravated rape to twenty-two years and the
sentences for aggravated robbery and aggravated kidnapping to ten years, for an
effective sentence of thirty-two years incarceration. We also vacate the
judgment of conviction for count two of indictment number 00-12640, which
judgment was entered in error. We otherwise affirm the judgments of the trial
court.
State vs. Syreeta Patterson -
W2004-00075-CCA-R3-CD View
Shelby County
- The appellant, Syreeta Patterson, pled guilty in the Shelby County Criminal
Court to voluntary manslaughter. Pursuant to a plea agreement, the appellant
was sentenced to six years with the manner of service to be determined by the
trial court. Following a hearing, the trial court denied the appellant's
request for alternative sentencing, and the appellant timely appealed. Upon
review of the record and the parties' briefs, we affirm the judgment of the
trial court.
State vs. Robert Love
Taylor - E2003-01931-CCA-R3-CD View
Sullivan
County - The appellant, Robert Love Taylor, was convicted by a jury of
driving while declared a habitual motor vehicle offender. He was sentenced to
four years incarceration and fined $3,000 for the offense. Two motions for new
trial were filed - one filed by the appellant pro se and one filed by trial
counsel on behalf of the appellant. The trial court denied the motion for new
trial filed by appellant's trial counsel and did not consider the motion filed
by the appellant. The appellant requested to proceed pro se on appeal. The
trial court granted the request and this appeal ensued. In this pro se appeal,
the appellant presents various issues that were not addressed in a properly
filed motion for new trial. The appellant waived consideration of these issues
for failing to address them in a motion for new trial. Thus, this Court may
only review the sufficiency of the evidence as that was the sole issue raised
in the motion for new trial filed by trial counsel. After a review of the
sufficiency of the evidence, we affirm the judgment of the trial court.
State vs. Darrell Wayne Syler -
E2003-02626-CCA-R3-CD View
Hamilton
County - The Defendant, Darrell Wayne Syler, was convicted after a
jury trial of two counts of rape of a child, one count of attempted child rape,
one count of aggravated sexual battery and thirteen counts of especially
aggravated sexual exploitation of a minor. The Defendant was subsequently
sentenced to an effective term of twenty-nine years in the Department of
Correction. In this appeal, the Defendant contends that the trial court erred
in admitting a homemade videotape depicting the Defendant and his wife engaged
in sex acts, and that his convictions for especially aggravated sexual
exploitation must be reversed because the State failed to establish one of the
statutory elements of that offense. We reduce the Defendant's sentence to an
effective term of twenty-eight years, and otherwise affirm the judgments of the
trial court.
Cases posted the week of 09/06/2004
James Bell v. State - W2003-02463-CCA-R3-CD
View
Lake County -
The petitioner, James Bell, Jr., entered pleas of guilty to a number of
offenses in the Shelby County Criminal Court in 1997 and 2000, and subsequently
filed a petition for writ of habeas corpus in the Lake County Circuit Court,
asserting that his convictions were void and his sentences illegal. The court
denied the petition without a hearing, and this appeal followed. We affirm the
denial of the petition, but remand to the Shelby County Criminal Court for a
hearing to identify what disposition was intended as to each of the indictments
and entry of corrected judgments to reflect those determinations.
Memphis Bonding v. Willie Bassett -
W2002-00472-CCA-R3-CO View
Shelby County
- The appellant, Memphis Bonding Company, appeals the trial court's order
requiring a partial refund to the defendant, Willie James Bassett. Because the
governing statute does not permit a refund under the circumstances of this
case, the judgment of the trial court is reversed.
State vs. Eric Gilmore - E2003-02568-CCA-R3-CD
View
Knox County
- The Knox County Criminal Court denied the motion of the defendant, Eric
Eugene Gilmore, to set aside his 2001 guilty pleas to a number of charges. We
affirm.
State vs. Neal Armour -
E2003-02907-CCA-R3-CD View
Hamilton County
- The defendant, Neal Levone Armour, appeals the Hamilton County Criminal
Court's revocation of probation. Because the record supports the trial court's
actions, we affirm.
Derrick Bryant vs.
State - E2003-02911-CCA-R3-PC View
Hamblen County
- The Defendant, Derrick Bryant, was convicted by a jury of first degree
premeditated murder. His conviction was affirmed on direct appeal. See State v.
Derrick Bryant, No. E2000-01835-CCA-MR3-CD, 2001 WL 1187916 (Tenn. Crim. App.,
Knoxville, Oct. 9, 2001). In this post-conviction proceeding, the Defendant
alleges that he received ineffective assistance of counsel. After a hearing,
the trial court denied relief. We affirm the judgment of the trial court.
State vs. Roger Jones -
E2003-02501-CCA-R3-HC View
Morgan County
- The petitioner, Roger K. Jones, appeals the 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, Rules of the
Court of Criminal Appeals. The petition fails to establish either a void
judgment or an expired sentence. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.
Tony Ivens vs. State - E2003-02216-CCA-R3-CD
View
Monroe County
- Defendant, Tony Ivens, appeals the trial court's denial of his motion for new
trial. Following a jury trial, Defendant was convicted of sexual battery.
Defendant was fined $3,000 and sentenced to serve two years with all but 90
days to be suspended and served on probation. Defendant filed a motion for new
trial or mistrial, alleging that one of the jurors failed to disclose during
voir dire that she was related to a staff member of the Monroe County Sheriff's
Department. The trial court denied the motion, and Defendant appeals. After a
careful review of the record, we affirm the judgment of the trial court.
State vs. Alvin Dobbins, Jr. -
M2003-03062-CCA-R3-CD View
Davidson
County - The Defendant appeals from an order of the trial court which
found him to be in violation of the terms of his community corrections
sentence. The trial court ordered that the remainder of the Defendant's
sentence be served in confinement. On appeal, the Defendant argues that the
trial court abused its discretion in ordering that the Defendant serve his
sentence in confinement rather than allowing him to continue in the community
corrections program. We affirm the judgment of the trial court.
State
vs. Sherry Johnson - M2002-01495-CCA-R3-CD View
Robertson
County - Following a bench trial, the Defendant, Sherry Lynn Johnson,
was convicted of assault, a Class A misdemeanor. The trial court placed the
Defendant on judicial diversion. In this appeal, the Defendant asserts that the
trial court misinterpreted the assault statute and that the evidence is
insufficient to support her conviction. Because the Defendant was placed on
judicial diversion, no judgment of conviction has been entered, and the
Defendant has no appeal as of right under Tennessee Rule of Appellate Procedure
3. Accordingly, the appeal is dismissed.
State
v. Joseph Ganus - W2003-02589-CCA-R3-CD View
Hardin County -
The Appellant, Joseph Carl Ganus, appeals the sentencing decision of the Hardin
County Circuit Court. Ganus pled guilty to Violation of the Motor Vehicle
Habitual Offender (MVHO) statute and DUI, third offense. Following a sentencing
hearing, Ganus was sentenced to four years confinement in the Department of
Correction for violation of the MVHO statute and to eleven months and
twenty-nine days for DUI, third offense. These sentences were ordered to be
served concurrently. On appeal, Ganus argues that the trial court erred: (1) by
not granting him a non-incarcerative sentence and (2) by improperly weighing
enhancing factors in establishing the length of his sentence. After review of
the record, we find no error and affirm the judgment of the trial court.
Richard Hickey vs. David Mills, Warden -
E2003-01520-CCA-R3-HC View
Morgan County -
The petitioner, Richard Hickey, appeals the Morgan County Criminal Court's
dismissal of his petition for habeas corpus relief. We affirm.
State v. Gregory L. Lofton - M2003-001102-CCA-R3-CD
View
Davidson
County - The appellant, Gregory L. Lofton, was convicted by a jury of
two counts of aggravated sexual battery and two counts of sexual battery, for
which he received an effective twelve year sentence. There was no immediate
appeal of the convictions. A delayed appeal was granted and the appellant filed
a motion for new trial and amended motion for new trial. The trial court denied
both motions and the appellant appealed. The following issues are presented on
appeal: (1) whether the trial court erred in failing to instruct the jury on
the lesser-included offense of assault; and (2) whether the trial court
improperly sentenced the appellant by failing to apply a mitigating factor and
enhancing the sentence two years after finding only one enhancing factor. For
the following reasons, we affirm the judgment of the trial court.
Cases posted the week of 08/30/2004
State v. Calvin Grissette -
M2003-02061-CCA-R3-CD View
A
Davidson County jury convicted the Defendant, Calvin Grissette, of
second degree murder and attempted second degree murder. On appeal, the
Defendant contends that the trial court erred when it refused to instruct the
jury on self-defense. We affirm the judgments of the trial court.
Dexter Frank Johnson vs. State -
E2004-01260-CCA-R3-HC View
Hamilton County
- The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition
for writ of habeas corpus. The state has filed a motion requesting that this
court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim.
App. R. The petition fails to present 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. William
Edward Bellamy - E2004-00241-CCA-R3-CD View
Sullivan
County - The petitioner, William Edward Bellamy, appeals the trial
court's denial of his motion to correct an illegal sentence. The State has
filed a motion requesting that this Court affirm the trial court's action
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The motion is
without merit. Accordingly, the judgment of the trial court is affirmed.
State vs. Jeffrey Dunlap -
W2004-01042-CCA-R3-HC View
Lake County -
The Petitioner, Jeffrey E. Dunlap, 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 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.
State vs. Margo Freshwater - W2003-01343-CCA-R3-CO
View
Shelby
County - The petitioner, Margo Freshwater, was convicted of first
degree murder in 1969. Her conviction was affirmed on direct appeal. See
Freshwater v. State, 453 S.W.2d 446 (Tenn. Crim. App. 1969). In 2003, she filed
a petition for writ of error coram nobis, alleging that new evidence existed
that proved her innocence, as well as complaining of violations of Brady v.
Maryland, 373 U.S. 83 (1963), and juror misconduct that occurred at trial which
necessitated a hearing and ultimately a new trial. Prior to a hearing, the
trial court granted a motion to dismiss the petition because the petition was,
inter alia, filed outside the statute of limitations. The petitioner seeks a
reversal of the trial court's decision on appeal. Because due process requires
the tolling of the statute of limitations for filing the petition for writ of
error coram nobis with respect to the petitioner's claim of previously withheld
exculpatory evidence, we reverse the judgment of the trial court and remand the
matter for an evidentiary hearing on the petition. As to the remaining
allegations of juror misconduct, we conclude those allegations could have and
should have been addressed in a post-conviction petition and are now
time-barred. Thus, we affirm the portion of the trial court's order dismissing
the part of the petition for writ of error coram nobis pertaining to those
claims.
State vs. Alonzo Williams -
W2004-00499-CCA-R3-HC View
Lauderdale
County - The Petitioner, Alonzo C. Williams, 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 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.
State v. Brandon Abernathy - M2003-03058-CCA-R3-CO
View
Williamson
County - The Defendant, Brandon Abernathy, pled guilty to two counts
of armed robbery. Pursuant to Tennessee Rule of Criminal Procedure 37, the
Defendant reserved as a certified question of law the issue of whether the
trial court erred when it denied his motion to suppress. Finding no error, we
affirm the judgments of the trial court.
State
vs. Anthony Long - W2003-02609-CCA-R3-CO View
Lake County -
The petitioner, Anthony C. Long, appeals the Lake County Circuit Court's
dismissal of his petition for habeas corpus relief. We reverse the dismissal
and order habeas corpus relief.
State vs.
Rodney McKinney - W2004-00133-CCA-R3-HC View
Lake County -
A Marion County jury convicted the defendant, Marvin Glenn White, of two counts
of premeditated first degree murder for which he received concurrent life
sentences. On appeal, the defendant contends: (1) the evidence was insufficient
to support the convictions; and (2) the trial court erred in admitting
statements which constituted double hearsay. Upon review of the record and the
applicable law, we affirm the judgments of the trial court.
State vs. Marvin White - M2003-02299-CCA-R3-CD
View
A Marion County jury
convicted the defendant, Marvin Glenn White, of two counts of premeditated
first degree murder for which he received concurrent life sentences. On appeal,
the defendant contends: (1) the evidence was insufficient to support the
convictions; and (2) the trial court erred in admitting statements which
constituted double hearsay. Upon review of the record and the applicable law,
we affirm the judgments of the trial court.
State vs. Matthew McWhorter -
M2003-01132-CCA-R3-CD View
A Montgomery
County jury convicted the Defendant, Matthew Kirk McWhorter, of three
counts of aggravated sexual battery, and the trial court imposed an eight-year
sentence for each conviction, to be served consecutively. On appeal, the
Defendant contends that: (1) insufficient evidence exists in the record to
support his convictions; (2) the trial court erred by not requiring the State
to elect the offenses it wished to submit to the jury; (3) the trial court
improperly admitted a law enforcement officer's testimony about the Defendant's
uncharged conduct; (4) the trial court erred by permitting a law enforcement
agent to testify about a recorded recollection; (5) the trial court erred by
denying the Defendant's motion to prohibit testimony of the victim; (6)
reversible error occurred when the State failed to disclose, preserve and turn
over a law enforcement official's notes made during the Defendant's initial
interrogation; (7) the trial court erred by allowing the State to submit an
insufficient Bill of Particulars and to deviate from its Bill of Particulars;
(8) the trial court erred in denying the Defendant's motion to suppress his
written and oral statements made to law enforcement officials in Florida; (9)
the trial court erred by failing to instruct the jury on child abuse as a
lesser-included offense; (10) the State's closing arguments were so improper
that they infected the trial with unfairness and denied the Defendant due
process; (11) the trial court erred by interrupting the natural flow of jury
deliberations to give supplemental instructions; and (12) the trial court erred
in ordering the Defendant to serve his sentences consecutively. After
thoroughly reviewing the record, we conclude that the trial court erred by
failing to require the State to elect which incident of sexual touching the
State intended for the jury to consider for Count 1, aggravated sexual battery.
Accordingly, we reverse the conviction and the sentence in Count 1. We affirm
the remaining convictions and sentences.
State vs.
Jeffery Parks - M2003-02002-CCA-R3-CD View
(Dissent) - View
Lincoln County
- The Appellant, Jeffery Brian Parks, appeals from the sentencing decision of
the Lincoln County Circuit Court. In 2003, Parks pled guilty to two counts of
sexual battery by an authority figure, two counts of incest, and two counts of
statutory rape. After a sentencing hearing, the trial court sentenced Parks, as
a Range I standard offender, to six years for each count of sexual battery by
an authority figure and incest, both class C felonies, and to two years for
each count of statutory rape, a class E felony. These sentences were ordered to
be served concurrently in the Department of Correction. In this appeal as of
right, Parks argues that the trial court erred in imposing excessive sentences
with respect to each sentence and by ordering a sentence of total confinement
rather than a less restrictive alternative. The State, on appeal, asserts that
consecutive sentencing should be imposed by this court following de novo
review. Because the trial court failed to impose a sentence in accordance with
our statutory sentencing scheme, we remand the case to the trial court for a
new sentencing hearing to determine the length of the Appellant's sentences,
the appropriateness of consecutive sentencing, and the Appellant's suitability
for an alternative sentence.
State vs.
Robert Mallard - M2003-00953-CCA-R3-CD View
Rutherford
County - The defendant, Robert Lee Mallard, appeals the revocation of
his probation relating to his convictions for attempting to tamper with
evidence and resisting arrest. On appeal, the defendant contends: (1) the trial
court erred in revoking his probation; (2) the drug tests administered by the
probation officers constituted improper body cavity searches; and (3) the drug
tests violated his right to privacy. We affirm the judgment of the trial court.
Freddie L. Osborne vs. State -
M2003-02088-CCA-R3-PC View
Montgomery
County - The petitioner was convicted for sale of a controlled
substance and sentenced to 32 ½ years in the Tennessee Department of
Correction. The petitioner appealed his conviction to this Court. We affirmed
his conviction. The petitioner then filed a Petition for Post-conviction
Relief. The post-conviction court granted his petition. The State now appeals
the post-conviction court's decision, arguing two issues: (1) Whether failure
of trial defense counsel to follow the mandatory provisions of Rule 609
amounted to ineffective assistance of counsel at trial, and (2) whether failure
of trial defense counsel to request the jury charge of facilitation amounted to
ineffective assistance of counsel at trial, where that charge would now be
automatically given. We reverse and remand the decision of the post-conviction
court.
State vs. Kenneth Tucker -
M2003-02847-CCA-R3-PC View
Van Buren
County - The Appellant, Jeffery Brian Parks, appeals from the
sentencing decision of the Lincoln County Circuit Court. In 2003, Parks pled
guilty to two counts of sexual battery by an authority figure, two counts of
incest, and two counts of statutory rape. After a sentencing hearing, the trial
court sentenced Parks, as a Range I standard offender, to six years for each
count of sexual battery by an authority figure and incest, both class C
felonies, and to two years for each count of statutory rape, a class E felony.
These sentences were ordered to be served concurrently in the Department of
Correction. In this appeal as of right, Parks argues that the trial court erred
in imposing excessive sentences with respect to each sentence and by ordering a
sentence of total confinement rather than a less restrictive alternative. The
State, on appeal, asserts that consecutive sentencing should be imposed by this
court following de novo review. Because the trial court failed to impose a
sentence in accordance with our statutory sentencing scheme, we remand the case
to the trial court for a new sentencing hearing to determine the length of the
Appellant's sentences, the appropriateness of consecutive sentencing, and the
Appellant's suitability for an alternative sentence.
State vs. David Lee Bellamy - E2003-02936-CCA-R3-CD
View
(Concur) - View
Sullivan
County - The appellant, David Lee Bellamy, plead guilty to violation
of an habitual traffic offender order, two counts of reckless aggravated
assault, four counts of reckless endangerment, driving under the influence,
driving under the influence, fourth offense, improper passing, and driving left
of center, with the sentence to be determined by the trial court. After a
sentencing hearing, the trial court sentenced the appellant to an effective
sentence of twelve years. Unsatisfied with the denial of alternative
sentencing, the appellant now appeals. We affirm the judgment of the trial
court.
State vs. Janice Michele Walker -
E2003-02753-CCA-R3-CD View
Knox County -
Defendant, Janice Michele Walker, was charged in a four-count presentment with
theft over $10,000, forgery over $10,000, computer fraud, and money laundering.
Defendant pled guilty as a Range I standard offender to theft and forgery, both
Class C felonies, and the other charges were dismissed. Pursuant to the
negotiated plea agreement, Defendant was sentenced to four years for each
offense, to be served consecutively, and she was ordered to pay restitution.
The trial court determined the manner of service of Defendant's sentence.
Following a sentencing hearing, the trial court ordered Defendant to serve her
effective eight-year sentence in confinement. Defendant appeals the trial
court's denial of full probation. After a review of the record, we affirm the
judgments of the trial court.
State vs.
Guadalupe Arroyo, Alias - E2003-02355-CCA-R3-CD
View
Knox County
- The defendant entered guilty pleas to two counts of vehicular homicide by
intoxication and was sentenced to consecutive twelve-year terms of
imprisonment. The defendant appealed the imposition of maximum sentences and
the order to serve the terms consecutively. After this, our second review, we
again remand for a new sentencing hearing in light of Blakely v. Washington,
542 U.S. ___, 124 S. Ct. 2531, 159 L. Ed. 2d 403 (2004), and the trial court's
failure to find specific findings justifying the necessity for consecutive
sentencing.
State vs. Timothy Ballard -
W2003-01627-CCA-R3-CD View
Carroll County
- The defendant, Timothy E. Ballard, was convicted of DUI, a Class A
misdemeanor, and driving on a revoked license, a Class B misdemeanor, and was
sentenced to an effective sentence of eleven months, twenty-nine days,
suspended except for sixty days, with the balance to be served on supervised
probation. On appeal, he argues that his sentence is excessive and that the
trial court erred in denying full probation or alternative sentencing.
Following our review, we affirm the judgments of the trial court.
State vs. Bruce Franks Jr. - W2003-01673-CCA-R3-CD
View
(Concur) - View
Hardin County
- The defendant, Bruce Franks, Jr., pleaded guilty to arson, a Class C felony,
see Tenn. Code Ann. § 39-14-301(a)(1) (2003), and agreed to a three-year,
Range I sentence. The trial court conducted a sentencing hearing to determine
the manner of service of the sentence and ordered split confinement. The
defendant appeals the confinement component of his sentence. We
affirm.
State vs. Carlos Haynes -
W2004-00081-CCA-R3-PC View
Madison County
- The petitioner, Carlos Haynes, pled guilty in the Madison County Circuit
Court to one count of possession of over one-half ounce of marijuana with
intent to sell and one count of possession of drug paraphernalia. He received a
total effective sentence of two years incarceration in the Tennessee Department
of Correction. Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that his counsel was ineffective and the trial
court erred in failing to pursue the issue of the identity of the confidential
informant whose tip led to the search of the petitioner's home. 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.
State vs. Robert Powell - W2003-02723-CCA-R3-CD
View
Gibson
County - The defendant, Robert "Bobby" Powell, pled guilty to
statutory rape and sexual battery, Class E felonies, in exchange for an
effective two-year sentence as a Range I, standard offender, with the manner of
service to be determined by the trial court. Finding that a sentence less
serious than confinement would depreciate the seriousness of the offenses, the
trial court denied the defendant's request for probation or other alternative
sentencing and ordered that he serve his sentence in the Department of
Correction. The court subsequently denied the defendant's motion to reconsider,
and the defendant appealed to this court. Based on our review, we affirm the
judgments of the trial court.
Cases posted the week of 08/23/2004
State vs. Anthony Anderson -
W2003-01418-CCA-R3-CD View
Madison County - The Appellant, Anthony Antonio Anderson, was
convicted by a Madison County jury of rape and was sentenced to nine years in
the Department of Correction as a violent offender. On appeal, he argues that
the evidence presented at trial was insufficient to support the verdict. After
review, we find no error and affirm the judgment of the trial court.
State vs. Robert Walsh - W2003-02040-CCA-R3-PC
View
Shelby
County - The Appellant, Robert Walsh, appeals as of right from the
judgment of the Shelby County Criminal Court denying his petition for
post-conviction relief. Walsh was convicted in 1999 of aggravated sexual
battery of a foster child who was in his care. On appeal, Walsh contends that:
(1) he was denied the effective assistance of counsel based upon trial
counsel’s cross-examination of the victim and (2) his right to a fair and
impartial jury was violated by a deputy sheriff’s comments to the jury
during deliberations. After review of the issues presented, the judgment is
affirmed.
State vs. Robert Page -
W2003-01342-CCA-R3-CD View
(Dissent)- View
Shelby County
- The Defendant, Robert Page, was convicted by a jury of the second degree
murder of Roosevelt Burgess. The Defendant was subsequently sentenced as a
Range II offender to thirty-eight years in the Department of Correction. In
this direct appeal, the Defendant raises the following issues: 1) whether the
evidence is sufficient to support the verdict; 2) whether the trial court
improperly limited the impeachment of State witness Carrie Jones; 3) whether
the trial court properly admitted a photograph of the victim; 4) whether the
trial court committed error in providing supplemental jury instructions; 5)
whether comments by the trial court compromised the Defendant’s right to
a fair trial; and 6) whether the trial court erred in failing to instruct the
jury on the lesser-included offense of facilitation to commit second degree
murder. Because the trial court committed reversible error in omitting a jury
instruction on facilitation of second degree murder, we reverse the
Defendant’s conviction and remand this matter for a new trial.
Earl E. Haynes vs. Wayne Brandon -
M2004-00221-CCA-R3-HC View
Hickman County - The petitioner, Earl E. Haynes, appeals the
dismissal of his petition for writ of habeas corpus relating to his felony
murder conviction. We affirm the judgment of the trial court.
State vs. James Franklin Redden -
M2003-01768-CCA-R3-CD View
A
Bedford County jury convicted the defendant, James Franklin
Redden, of theft of property valued over $1,000. The trial court sentenced him
to eight years incarceration as a multiple offender. On appeal, the defendant
contends the evidence is insufficient to support his conviction. We dismiss the
appeal due to the untimely filing of a notice of appeal.
William G. Allen vs. State - M2003-01786-CCA-R3-HC
View
Davidson
County - The Appellant, William G. Allen, appeals the summary
dismissal of his petition for writ of habeas corpus. On appeal, Allen argues
that his seventy-eight-year sentence for first degree murder is “void and
illegal,” as the trial court lacked jurisdiction to sentence him under a
statute that had been repealed. The trial court summarily dismissed the
petition finding that: (1) this was not Allen’s first petition for habeas
relief; (2) Allen’s sentences had not expired; and (3) this issue has
been previously determined on direct appeal. After review, we conclude that,
although the jurisdictional issue is without merit, Allen’s sentence was
not imposed in accordance with the applicable statute for first degree murder
and it is, therefore, illegal. Accordingly, habeas corpus relief is granted,
and this case is remanded for entry of a corrected sentence in accordance with
this opinion.
Michael Wayne Perry vs.
State - M2003-02510-CCA-R3-PC View
Wilson County
- The petitioner, Michael Wayne Perry, appeals from the Wilson County
Criminal Court’s denial of his petition for post-conviction relief from
his conviction for first degree murder and resulting sentence of life in prison
without the possibility of parole. He contends that the trial court erred in
denying his motion for a continuance. We reverse the judgment of the trial
court and remand the case for further proceedings.
Ricky Eugene Cofer vs. State -
E2003-01400-CCA-R3-PC View
Anderson County - The petitioner, Ricky Eugene Cofer, appeals
the order of the Circuit Court for Anderson County dismissing his
post-conviction relief petition. 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's claim of ineffective
assistance of trial counsel was previously determined on direct appeal. The
petition was properly dismissed. Accordingly, the State's motion is granted and
the judgment of the trial court is affirmed.
State vs. Eddie Depriest -
W2003-02561-CCA-R3-HC View
The petitioner, Eddie
DePriest, seeks appellate review of the Shelby County Criminal
Court's summary denial of habeas corpus relief. We discern no habeas corpus
cause of action in the petition and affirm.
State vs. Roger McAnally -
W2003-01478-CCA-R3-CD View
The defendant, Roger C.
McAnally, appeals as of right from his convictions by a jury in the
Henry County Circuit Court for especially aggravated
kidnapping, a Class A felony; two counts of aggravated robbery, a Class B
felony; kidnapping, a Class C felony; three counts of aggravated burglary, a
Class C felony; theft of property over $500, a Class E felony; and sexual
battery, a Class E felony. The trial court sentenced the defendant to twenty
years for the especially aggravated kidnapping conviction, eight years for each
aggravated robbery conviction, three years for the kidnapping conviction, and
three years for each aggravated burglary conviction, to be served concurrently
but consecutively to a one-year sentence for the sexual battery conviction, for
an effective twenty-one-year sentence. In this appeal, he contends that his
convictions for especially aggravated kidnapping and kidnapping violate his due
process rights because his confinement of the victims was incidental to the
robberies. We affirm the judgments of the trial court.
State vs. Lon Pierce - W2003-02384-CCA-R3-PC
View
Benton
County - The petitioner appeals the dismissal of his petition for
post-conviction relief from his conviction for first degree murder, arguing
that the post-conviction court erred in finding he received effective
assistance of counsel at trial and on appeal. Following our review, we affirm
the dismissal of the petition.
State
vs. Preston Young - W2001-02162-CCA-R3-CD View
The defendant, Preston Young,
appeals the Shelby County Criminal Court's denial of probation
and imposition of a two-year sentence for his jury conviction of criminally
negligent homicide. Because the record is insufficient for our statutorily
mandated de novo review of the sentence, we affirm.
Cases posted the week of 08/16/2004
State vs. Donald Boxx - W2004-01104-CCA-R3-CD
View
ShelbyCounty
- The defendant entered a guilty plea to driving under the influence. The trial
court imposed a sentence of eleven months and twenty-nine days to be served
forty-eight hours of confinement followed by probation. As a part of the guilty
plea, the defendant reserved for appeal the trial court's denial of his motion
to suppress. See Tenn. R. Crim. P. 37(b)(2)(i). The judgment is affirmed.
State vs. James Clark -
W2004-00326-CCA-R3-CD View
Shelby County -
The petitioner, James Clark, appeals the trial court's dismissal of his motion
to correct an illegal sentence. Because the petitioner has no appeal as of
right under Tennessee Rule of Appellate Procedure 3(b), the appeal is
dismissed.
State vs. Jason Polston -
W2003-02556-CCA-R3-CD View
A
Shelby County jury convicted the Defendant, Jason C. Polston,
of reckless aggravated assault. The trial court sentenced the Defendant to two
years in the workhouse, suspended except for 60 days to serve on weekends, a
$500.00 fine, and 200 hours of community service. On appeal, the Defendant
contends that: (1) insufficient evidence exists to support his conviction; (2)
the trial court erred by failing to suppress the Defendant's statement made in
a telephone conversation with a police officer because the State did not
disclose the statement prior to trial; (3) the trial court erred by instructing
the jury on flight; (4) the trial court erred by failing to charge the defenses
of necessity and duress; (5) the trial court erred by denying the Defendant's
application for judicial diversion; and (6) the trial court erred by ordering
the Defendant to serve sixty days in jail. We conclude that the trial court
erred by failing to suppress the Defendant's telephone conversation with a
police officer because the State did not disclose the statement to the
Defendant prior to trial in violation of Tennessee Rule of Criminal Procedure
16. Therefore, we reverse the Defendant's conviction and remand for a new
trial.
Monroe Brown vs. State -
E2003-02512-CCA-R3-HC View
Morgan County -
The petitioner, Monroe Brown, appeals 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,
Rules of the Court of Criminal Appeals. The petition fails to establish either
a void judgment or an expired sentence. Accordingly, the state's motion is
granted and the judgment of the trial court is affirmed.
State vs. Marty
Pyburn - M2003-01090-CCA-R3-CD View
Marion County - The
appellant, Marty Lavern Pyburn, was convicted by a jury in the Marion County
Circuit Court of first degree murder and sentenced to life imprisonment. On
appeal, the appellant challenges (1) the sufficiency of the evidence; (2) the
admission of his prior conviction of aggravated robbery for impeachment
purposes; (3) the admission of photographs of the crime scene; (4) the expert
testimony of Dr. Charles Harlan; and (5) the trial court's charge to the jury.
Upon review of the record and the parties' briefs, we affirm the judgment of
the trial court.
State vs. Johnnie Rice -
M2003-01294-CCA-R3-CD View
Davidson County
- The Appellant, Johnnie Darrell Rice, was convicted by a Davidson County jury
of driving under the influence (DUI), first offense. Following a sentencing
hearing, Rice was ordered to serve twenty days in periodic confinement. Rice
appeals both his conviction and sentence arguing that: (1) the arresting
officer had no reasonable suspicion to stop his vehicle; (2) the trial court
erred in ruling that Sergeant Ben Cook was an "expert" witness; and (3) his
twenty-day sentence was excessive. Finding no reversible error, the judgment of
conviction and sentence are affirmed.
James
Murray vs. State - M2003-01239-CCA-R3-PC View
Davidson
County - The petitioner, James C. Murray, appeals the denial of
post-conviction relief relating to his convictions for premeditated first
degree murder and conspiracy to commit first degree murder. On appeal, the
petitioner contends: (1) he received ineffective assistance of counsel at
trial; and (2) the post-conviction court erred in refusing to admit Leonard
Rowe's testimony. We affirm the judgment of the post-conviction court.
Floyd Campbell vs. Kevin Myers -
M2003-02084-CCA-R3-HC View
Wayne County -
This is a habeas corpus appeal. A jury convicted the petitioner of seven counts
of rape of a child, one count of incest, and three counts of aggravated sexual
battery. He received an effective sentence of twenty-two years incarceration.
In April 2003, the petitioner submitted a pro se petition for habeas corpus
relief, alleging the sentences for child rape committed in 1992 are illegal
because the record is unclear as to whether these offenses were committed
before or after July 1, 1992, the effective date of the child rape statute. The
trial court dismissed the petition, and the petitioner appeals the dismissal.
We affirm the judgment of the trial court.
State vs. William Parker, Jr. -
M2003-01423-CCA-R3-CD View
(Dissent) - View
Warren County
- The Defendant, William J. Parker, Jr., was indicted for driving under the
influence and driving on a revoked license. A jury acquitted him of the DUI
charge, but found him guilty of driving on a revoked license, a Class B
misdemeanor. The trial court imposed a sentence of six months, with sixty days
to be served in confinement and the balance to be served on probation. In this
appeal, the Defendant raises three issues: 1) whether the State's failure to
provide him with a copy of his driving record constitutes a violation of his
due process rights; 2) whether the trial court erred by admitting into evidence
a sworn affidavit; and 3) whether the sentence imposed by the trial court is
excessive. We conclude that the trial court erred by admitting the affidavit
into evidence. Because we are unable to conclude that the error was harmless,
the judgment of the trial court is reversed and the case remanded for a new
trial.
State vs. Terry Wayne Perkins -
E2003-02885-CCA-R3-CD View
Campbell
County - The appellant, Terry Wayne Perkins, was indicted on charges
of driving under the influence, fourth offense, operating a motor vehicle after
being declared an habitual motor vehicle offender, violation of the implied
consent law, and driving on a revoked license. He was acquitted of the D.U.I.
charge. A jury convicted him of violation of the implied consent law and
driving on a revoked license. He was sentenced to an 11- month-and-29-day
sentence at 75% for the violation of the implied consent law and six months at
75% for the driving on a revoked license conviction. The two sentences were
ordered to run concurrently and the trial court ordered the appellant to serve
15 days of the sentence in the county jail, after which he would be released on
probation, and assessed a $100 fine for each conviction. On appeal, the
appellant challenges the trial court's decision to order him to serve 15 days
in jail. For the following reasons, we affirm the judgment of the trial
court.
State vs. Anthony Carrier -
E2003-02768-CCA-R3-CD View
Sullivan
County - The Defendant, Anthony Carrier, pled guilty to aggravated
burglary, felony theft, and misdemeanor vandalism. Pursuant to his plea
agreement, he received an effective sentence of three years, with the manner of
service of the sentences to be determined by the trial court. After a
sentencing hearing, the trial court ordered the Defendant to serve his
sentences in confinement. It is from this order that the Defendant appeals. We
affirm the judgment of the trial court.
State
vs. Albert Yarbrough - W2004-00867-CCA-R3-PC View
Shelby County -
The petitioner, Albert Yarbrough, was convicted by a jury in the Shelby County
Criminal Court of rape, a Class B felony. The trial court sentenced the
petitioner as a violent offender to fourteen years in the Tennessee Department
of Correction. Following an unsuccessful appeal of his conviction, the
petitioner filed a petition for post-conviction relief, alleging, among other
grounds, ineffective assistance of counsel. The post-conviction court denied
the petition, finding the petition to be barred by the statute of limitations
and the petitioner's allegations to be without merit. The petitioner now brings
this appeal challenging the denial of his petition for relief. Upon review of
the record and the parties' briefs, we conclude that the petitioner timely
filed his petition for post-conviction relief. However, we affirm the
post-conviction court's denial of the petition on the merits.
Cases posted the week of 08/09/2004
State vs. Bobby Lee - W2003-02948-CCA-R3-CD
View
Obion County -
The defendant appeals his conviction for attempted first degree murder. The
defendant's sole issue on appeal is a claim that the jury venire was
unconstitutionally empaneled by failing to include adequate representation of
African-Americans. The defendant failed to prove a prima facie case, and the
conviction is affirmed.
State vs. Ronnie
Simpson - W2003-02400-CCA-R3-PC View
Shelby County
- The Appellant, Ronnie Simpson, appeals from the Shelby County Criminal
Court's dismissal of his petition for post-conviction relief. Pursuant to a
negotiated plea agreement, Simpson pled guilty to especially aggravated robbery
and aggravated burglary and received an effective fifteen-year sentence. On
appeal, Simpson challenges the validity of his guilty plea upon grounds of: (1)
voluntariness and (2) ineffective assistance of counsel. Following a review of
the record, we affirm the judgment of the post-conviction court dismissing the
petition.
State vs. Malcolm Benson -
W2003-02211-CCA-R3-CD View
Lake County -
Following a jury trial on April 23, 2003, the defendant was convicted of one
count of sale of a controlled substance more than .5 grams. He was sentenced to
ten years in the Tennessee Department of Correction and fined $3000. He appeals
this conviction. The defendant argues two issues: (1) whether the evidence was
sufficient to support the defendant's conviction; and (2) whether the trial
court erred by not allowing the defendant's uncle to testify at trial as to the
identity of an individual in the videotape of the drug sale. We affirm the
decision of the trial court.
State vs. Danny
Wright - W2003-01025-CCA-R3-CD View
Tipton County
- The Defendant, Danny Joe Wright, was convicted of driving under the influence
second offense and violating the open container law. He was also found to have
violated the implied consent law. In this direct appeal, he argues that the
trial court improperly limited his cross-examination of the arresting officer
and that the trial court erred by refusing to admit the testimony of an expert
witness in field sobriety testing. We affirm the judgments of the trial
court.
Kenneth Anthony vs. State -
M2003-02272-CCA-R3-PC View
Davidson
County - The Appellant, Kenneth Anthony, appeals from the Davidson
County Criminal Court's dismissal of his petition for post-conviction relief.
Anthony was convicted of first degree premeditated murder and attempted second
degree murder. On appeal, Anthony argues that he received ineffective
assistance of counsel. After review of the record, we reverse the judgment of
the post-conviction court and remand for a new trial.
State vs. John Wallker, III - M2003-01732-CCA-R3-CD
View
(Concur/Dissent) - View
Putnam County
- The Appellant, John C. Walker, III, was convicted of second degree murder, a
Class A felony, and sentenced as a Range I, violent offender to twenty-five
years of incarceration. In this direct appeal, Walker alleges that (1) the
evidence is insufficient to support his conviction; (2) the trial court erred
in failing to dismiss the action due to destruction of evidence; (3) the trial
court erred by failing to instruct the jury on certain lesser included offenses
and by giving other improper jury instructions, such as instructing on
"flight," giving substantive instruction at the beginning of the trial, and
providing papers to the jury unseen by counsel; and (4) the trial court erred
in sentencing Walker to the maximum sentence of twenty-five years. After review
of the record, we find no error and affirm the conviction and resulting
sentence.
State vs. Carl Creason -
E2003-02505-CCA-R3-CD View
Bledsoe County -
A jury found the Defendant, Carl Creason, guilty of driving on a revoked
driver's license. After conducting a sentencing hearing, the trial judge
sentenced the Defendant to six months in the county jail. The Defendant appeals
his sentence, arguing that the trial court erred by not allowing him to serve
his sentence on probation. We affirm the judgment of the trial court, but
remand for entry of a uniform judgment document.
State vs. Michael A. Prechtel -
E2003-02653-CCA-R3-CD View
Cumberland
County - Defendant, Michael A. Prechtel, appeals the trial court's
revocation of probation. On September 6, 2001, Defendant pled guilty in the
Cumberland County General Sessions Court to possession of drug paraphernalia
and was sentenced to serve 11 months and 29 days with all but two days
suspended and placed on supervised probation. Following three separate
probation revocation proceedings in the general sessions court, defendant's
probation was revoked and he was ordered to serve his sentence in the
Cumberland County jail. Defendant appealed to the Cumberland County Criminal
Court. Following a de novo hearing, the criminal court affirmed the general
sessions court's decision to revoke defendant's probation and ordered him to
serve 11 months and 29 days in confinement. We affirm the judgment of the
Cumberland County Criminal Court.
State vs.
Donnie Lomax - M2003-01443-CCA-R3-CD View
(Concur/Dissent) - View
Houston County -
The defendant, after entry of a plea of guilty, appeals from the imposition of
consecutive sentences, the denial of alternative sentencing, and the requiring
of restitution to be paid to an entity not named as a victim in the indictment.
Upon careful review, we affirm the respective sentences and the denial of
alternative sentencing, but reverse the imposition of consecutive sentencing.
The cause is remanded for additional hearing for determination of Automotive
Financing Corporation's victim status and if so established, the amount of
restitution. We further direct that the recipient of the restitution for sales
tax and clerk fees be changed from the State of Tennessee to the individuals
named in the indictments who paid the sales tax and clerk fees.
Eric
T. Davis vs. State - M2003-02138-CCA-R3-PC View
Montgomery
County - The petitioner, Eric T. Davis, pled guilty to robbery, and
the trial court sentenced him to six years probation. The petitioner
subsequently pled guilty to possession of cocaine with the intent to sell, and
the trial court sentenced him to eight years probation, to be served
consecutively to his prior sentence. The petitioner's probation was revoked in
both cases. He appealed the trial court's order revoking his probationary
sentences, and this court affirmed the revocation of his probation. Thereafter,
the petitioner filed a pro se petition for post-conviction relief in which he
alleged, among other things, that he was denied effective assistance of counsel
at his probation revocation hearing. The post-conviction court summarily
dismissed the petition, holding the petitioner failed to assert a colorable
claim for post-conviction relief. After reviewing the record and applicable
law, we conclude that the post-conviction court was correct in summarily
dismissing the petition. Accordingly, we affirm the post-conviction court's
judgment.
Don Allen Coleman vs. Jack
Morgan, Warden - M2002-02237-CCA-R3-CO View
Don Allen Coleman
petitioned the Hickman County Circuit Court for habeas corpus
relief, contending that the two rape of a child judgments against him impose
illegal sentences. We agree that the sentences are illegal and we vacate them,
thereby reviving the two indictments and pleas for further
proceedings.
State vs. David Lamar
Hayes - M2002-01331-CCA-R3-CD View
A Rutherford
County jury convicted the defendant of thirteen counts of rape of a
child and seven counts of rape, for which he received an effective 220-year
sentence. He raises the following issues on appeal: (1) whether the evidence is
sufficient to sustain his convictions; and (2) whether the trial court erred in
imposing sentence. We affirm the convictions with the exception of one count of
rape, which count is reversed and dismissed. We further reduce the effective
sentence and remand for entry of amended judgments reflecting an effective
sentence of sixty-six years.
Gary Lynn
Vernon, Pro Se vs. Jim Dickman, Warden & State - M2003-02268-CCA-R3-HC
View
Hickman
County - The Petitioner, Garry Lynn Vernon, 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 fails to
assert a cognizable claim for which habeas corpus relief may be granted.
Accordingly, the state's motion is granted and the judgment of the trial court
is affirmed.
State vs. Stefanie M.
Henson - M2003-02413-CCA-R3-CD View
The defendant, Stefanie M.
Henson, pled guilty in the Davidson County Criminal Court to
robbery, a Class C felony. Pursuant to the plea agreement, the defendant
received a sentence of four years for the offense, with the manner of service
to be determined by the trial court. After a sentencing hearing, the trial
court denied the defendant's request for an alternative sentence and ordered
that she serve her sentence in the Department of Correction. The defendant
appeals, claiming that the trial court erred by ordering that she serve her
sentence in confinement. We affirm the judgment of the trial court.
State vs. Quincy Norman - W2003-00635-CCA-R3-CD
View
Carroll
County - The appellant, Quincy Alexander Norman, Jr., pled guilty to
one count of driving under the influence with two prior driving under the
influence convictions and one count of driving on a revoked license with his
sentence to be determined by the trial court. For the DUI conviction, the trial
court sentenced the appellant to an 11-month-and-29-day sentence to be served
on probation following 150 days in the county jail and fined the appellant
$1,100. The trial court also imposed a concurrent sentence of six months to be
served on probation following 30 days of incarceration for the driving on a
revoked license conviction. In this direct appeal, the appellant challenges the
trial court's use of two prior DUI convictions for enhancement of his sentence,
the trial court's failure to order full probation after service of the
mandatory minimum sentence, and his sentence as excessive. Because the
appellant pled guilty to DUI third offense, he waived all non-jurisdictional
defects and constitutional irregularities which may have existed with respect
to his two prior DUI convictions prior to the plea. Further, we determine that
the trial court sentenced the appellant appropriately. The judgment of the
trial court is affirmed.
State vs. Phillip
Bledsoe - W2003-02867-CCA-R3-CD View
The appellant, Phillip Lowell
Bledsoe, was convicted by a jury in the Circuit Court of Gibson
County of first degree premeditated murder and sentenced to life
imprisonment. On appeal, the appellant contends that the evidence was
insufficient to support his conviction of first degree murder. Upon review of
the record and the parties' briefs, we affirm the judgment of the trial
court.
State vs. Billy Harris -
W2003-01911-CCA-R3-CD View
The defendant, Billy
Harris, was convicted by a Shelby County Criminal Court jury
of rape and three counts of aggravated kidnapping, Class B felonies. The trial
court sentenced him as a Range I offender to ten years for each conviction and
ordered that the sentences for the aggravated kidnapping convictions be served
concurrently to each other but consecutively to the rape sentence for an
effective sentence of twenty years in the Department of Correction. In this
appeal, the defendant raises many issues, including that the evidence is
insufficient to support the convictions, that the trial court should have
merged his aggravated kidnapping convictions, and that his sentences are
excessi