The following Opinions are available for download:
Cases posted the week of
09/26/2005
State vs. Debra Elaine Kirk
- E2004-01263-CCA-R3-CD View
Cocke
County - Defendant, Debra Elaine Kirk was indicted on one count of
aggravated child abuse and one count of felony murder. Following a jury trial,
Defendant was convicted of aggravated child abuse of a child less than six
years old, a Class A felony, and criminally negligent homicide, a Class E
felony, and lesser included offense of felony murder. Following a sentencing
hearing, the trial court sentenced Defendant as a Range I standard offender to
twenty-five years for the aggravated child abuse conviction and two years for
the criminally negligent homicide conviction. The trial court ordered Defendant
to serve her sentences concurrently. In this appeal, Defendant argues (1) that
the length of sentence imposed for her aggravated child abuse conviction
violated the principles set forth in the recent United States Supreme Court's
decision in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531, 159 L. Ed. 2d
403 (2004); (2) that the trial court erred in denying Defendant's motion to
suppress her statement and in allowing Defendant's statement to be introduced
into evidence; (3) that the trial court erred in allowing the admission of
evidence of Defendant's prior drug use; (4) that the trial court erred in
allowing Dr. Darinka Mileusnic to testify about certain toxicology test
results; and (5) that the jury's verdicts were inconsistent. Because we
determine that reversible error occurred in the trial court's admission of
evidence at trial of Defendant's prior drug use, we reverse the judgments of
the trial court and remand for a new trial.
Robert Riggs vs. State - E2004-02233-CCA-R3-PC
View
Sevier County -
The Defendant, Robert Riggs, was convicted by a jury of three counts of
misapplication of contract funds. His convictions were affirmed by this Court
on direct appeal. See State v. Robert B. Riggs, No. E2000-01983-CCA-R3-CD, 2002
WL 1364031 (Tenn. Crim. App., Knoxville, June 25, 2002). The Tennessee Supreme
Court denied the Defendant's application for permission to appeal. The
Defendant subsequently filed a pro se petition for post-conviction relief,
while he remained incarcerated. The State responded by filing a motion to
dismiss on the grounds that the petition had been filed outside the statute of
limitations. The Defendant contested the State's motion but the trial court
granted it without a hearing. The Defendant now appeals the summary dismissal
of his petition for post-conviction relief. We reverse the trial court's ruling
and remand this matter for an evidentiary hearing on the timeliness of the
Defendant's petition.
State vs.
Patrick Hyder - E2005-00364-CCA-R3-CD View
A Washington
County Criminal Court jury convicted the defendant, Patrick Hyder, of
two counts of aggravated sexual battery, a class B felony, and the trial court
sentenced him to eight years for each count to be served concurrently in the
Department of Correction. The defendant appeals, contending that the trial
court erred in reassembling the jury to announce its verdict and polling the
jury after it had been discharged. We affirm the judgments of the trial court.
State vs. Adam Householder -
E2004-01969-CA-R3-CD View
Blount County - The
appellant, Adam Dewey Householder, pled guilty to theft over $10,000, a Class C
felony. He received a four year sentence, with nine months to be served in the
county jail and the remainder on supervised probation. In addition, he was
ordered to pay $26,820.00 in restitution. On appeal, he argues that the trial
court erred in denying judicial diversion and in ordering a sentence of split
confinement. Following our review, we affirm the judgment of the trial court.
State vs. Dennis Hodges -
W2004-02716-CCA-R3-CD View
Shelby County - A
Shelby County Criminal Court jury convicted the appellant, Dennis Hodges, of
two counts of voluntary manslaughter. The trial court merged the first count
into the second count and sentenced the appellant to fifteen years as a Range
III, persistent offender. In this appeal, the appellant claims (1) that the
evidence is insufficient to support the convictions, (2) that the State made
improper closing argument, and (3) that his sentence is excessive. Upon review
of the record and the parties' briefs, we affirm the judgment of the trial
court.
State vs. Herman Parham -
W2004-00059-CCA-R3-CD View
Shelby County - The
defendant, Herman Parham, was convicted of two counts of second degree murder.
The trial court merged the convictions and imposed a sentence of twenty-five
years. In this appeal, the defendant asserts that the evidence is insufficient
to support the conviction, that the trial court erred by instructing the jury
on flight, and that the sentence is excessive. The judgment of the trial court
is affirmed.
State vs. Jeffrey
Hopkins - W2004-02384-CCA-R3-CD View
Tipton County - The
defendant, Jeffery Allen Hopkins, appeals his Tipton County convictions of
first degree felony murder and especially aggravated robbery, arising from the
December 20, 2003 shooting death of Ricky Lumpkin. The defendant received a
sentence of life imprisonment with the possibility of parole for the felony
murder conviction and 20 years for the especially aggravated robbery
conviction. On appeal, the defendant contests the sufficiency of the evidence
to support these convictions. Unpersuaded that the state's evidence was legally
insufficient, we affirm the trial court's judgments.
Jay Homer Chambers vs. State -
E2004-01862-CCA-R3-PC View
Scott County - The
pro se petitioner, Jay Homer Chambers, appeals the summary dismissal of his
petition for post-conviction relief, arguing that the post-conviction court
erred by dismissing his petition without appointing counsel or holding an
evidentiary hearing. Following our review, we reverse the summary dismissal of
the petition and remand for reconsideration of the petitioner's claim that
appellate counsel was ineffective.
Scotty Dewayne Robinson vs. State -
E2004-02451-CCA-R3-PC (Filed September 1, 2005)
View
Knox County -
The petitioner, Scotty Dewayne Robinson, pleaded guilty to theft of an amount
less than $10,000. Pursuant to his plea agreement, the petitioner received a
three-year incarcerative sentence as a Range I offender to be served
consecutively to the federal sentence he was currently serving. The petitioner
filed an untimely appeal, and this court accordingly dismissed the appeal.
State v. Scotty Dewayne Robinson, No. E2001-02342-CCA-R3-CD, slip op. at 2
(Tenn. Crim. App., Knoxville, May 20, 2002). The petitioner subsequently filed
a petition for post-conviction relief alleging that he received ineffective
assistance of counsel and that as a result, his guilty plea was not knowingly,
intelligently, or voluntarily made. The post-conviction court denied the
petition, and the petitioner brings the instant appeal challenging that denial.
After a thorough review of the record and applicable law, we affirm the
judgment of the post-conviction court.
John R. Benson vs. State - M2005-01417-CCA-R3-HC
View
Wayne County -
This matter is before the Court upon the State's motion to affirm the judgment
of the trial court by memorandum opinion pursuant to Rule 20, Rules of the
Court of Criminal Appeals. The petitioner has appealed the trial court's order
summarily dismissing the petition for the writ of habeas corpus. In that
petition, the petitioner alleges that the trial court erred by failing to
appoint counsel and that the trial court erred by charging the jury with
reckless endangerment as a lesser-included offense of aggravated assault. Upon
a review of the record in this case we are persuaded that the trial court was
correct in summarily dismissing the habeas corpus petition and that this case
meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Accordingly, the State's motion is granted and the judgment
of the trial court is affirmed.
State vs.
Brandon Raymond Bartee - M2004-02637-CCA-R3-CD
View
Sumner County -
On appeal, the defendant challenges the length and consecutive nature of his
sentences on three counts of sexual battery. Upon review, we conclude that: (1)
the enhanced sentences were justified based upon the defendant's prior criminal
behavior; (2) the mitigating factors, even if applied, would not have lessened
the enhanced sentence; and (3) the defendant's consecutive sentence was proper
based upon the predatory nature of his conduct and the residual psychological
effects incurred by the minor victim. Therefore, we affirm the sentences
imposed by the trial court.
State vs.
Denny Finney - M2004-02798-CCA-R3-CD View
Franklin County -
The Defendant, Denny Finney, pled guilty to misdemeanor simple possession of a
schedule VI substance, and the State agreed to dismiss the other counts against
him. The trial court sentenced the Defendant to eleven months and twenty-nine
days suspended, except for six months to serve in jail. On appeal, the
Defendant contends that the trial court erred when it sentenced him. After
thoroughly reviewing the record and the applicable authorities, we affirm the
Defendant's sentence.
State vs. Edward
M. Patterson - M2004-02666-CCA-R3-CD View
Davidson County -
The defendant, Edward M. Patterson, pled nolo contendere to possession of drug
paraphernalia and criminal trespass and received respective sentences of sixty
and thirty days, both suspended. As a condition of his plea, the defendant
reserved a certified question of law as to whether there was adequate
reasonable suspicion to support a seizure of his person. Because we find the
certified question is not dispositive of the charges, we dismiss the appeal.
State vs. John Thomas Bingham -
M2005-00162-CCA-R3-CD View
Bedford County -
The defendant, John Thomas Bingham, was convicted by jury of possession of
contraband (marijuana) in a penal institution, a Class C felony. The trial
court sentenced the defendant to five years six months for this conviction. The
trial court ordered this sentence to be served consecutively to a previously
imposed sentence. On appeal, the defendant challenges the sufficiency of the
convicting evidence. Based upon our review, we affirm the judgment of the trial
court.
State vs. Rodney Buford -
M2004-01568-CCA-R3-CD View
Davidson County
- The Appellant, Rodney Buford, was convicted by a Davidson County jury of
especially aggravated robbery and aggravated burglary. He was sentenced to
consecutive sentences of twenty-five years for especially aggravated burglary
and six years for aggravated burglary for an effective thirty-one year
sentence. On appeal, Buford argues: (1) that the trial court erred in denying
his motion for a bill of particulars; and (2) that his sentences are excessive,
and the trial court erred in imposing consecutive sentences. After review of
the record, we affirm the judgments of conviction and resulting sentences.
Richard A. Childress vs. State -
M2005-00421-CCA-R3-HC View
Davidson County -
The Defendant, Richard A. Childress, appeals from the trial court's dismissal
of his petition seeking habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's dismissal of the petition
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion
is granted. The judgment of the trial court is affirmed.
Michael Shane Holt vs. State -
M2005-00171-CCA-R3-PC View
Davidson County - The
Defendant, Michael Shane Holt, pled guilty to three counts of money laundering
and was sentenced as a Range I, standard offender to three concurrent terms of
eight years. He subsequently filed a petition for post-conviction relief,
alleging that his guilty pleas were constitutionally infirm and that he
received ineffective assistance of counsel in conjunction with his pleas. After
an evidentiary hearing, the trial court denied relief. This appeal followed. We
affirm the judgment of the trial court.
Wayne E. Mitchell vs. Ricky Bell, Warden -
M2005-00599-CCA-R3-HC View
Davidson County -
The Defendant, Wayne E. Mitchell, appeals from the trial court's dismissal of
his petition seeking habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's dismissal of the petition
pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion
is granted. The judgment of the trial court is affirmed.
State vs. Michael N. Smith -
M2005-00173-CCA-R3-CD View
Coffee County
- The trial court found the defendant, Michael N. Smith, guilty of possession
of a controlled substance with intent to sell or deliver and possession of drug
paraphernalia. On appeal, the defendant argues that the trial court erred in
denying his motion to suppress evidence seized as a result of an investigatory
stop. Following our review, we affirm the decision of the trial court.
State vs. Antowan Antonio Williams
- M2004-03072-CCA-R3-CD View
Montgomery County
- The defendant, Antowan Antonio Williams, pleaded guilty to attempted
aggravated robbery. After conducting a sentencing hearing, the trial court
ordered the defendant to serve a 2.7 year probationary sentence as a mitigated
offender but denied the defendant's request for judicial diversion. The
defendant now brings the instant appeal challenging the trial court's denial of
judicial diversion. After a thorough review of the record and applicable law,
we affirm the judgment of the trial court.
Cases posted the week of 09/19/2005
State vs. Montea Wilson -
W2004-01881-CCA-R3-PC View
Shelby County - The petitioner, Montea Wilson, aka Marcus
Floyd, was convicted by a jury of felony murder and attempted especially
aggravated robbery in 2000. The jury sentenced the petitioner to life in prison
without the possibility of parole for the felony murder conviction, and the
trial court merged the attempted especially aggravated robbery conviction with
the felony murder conviction. This Court affirmed the petitioner’s
convictions on direct appeal. See State v. Montea Wilson, No.
W2000-00748-CCA-R3-CD, 2002 WL 925255 (Tenn. Crim. App., at Jackson, May 3,
2002), perm. app. denied, (Tenn. Nov. 4, 2002). The petitioner filed a pro se
petition for post-conviction relief, alleging ineffective assistance of
counsel, among other things. The petition was amended by counsel. At the
evidentiary hearing on the petition, the post-conviction court refused to let
the petitioner’s attorney question trial counsel about his requests for
jury instructions on lesser-included offenses, determining that the issue was
waived or previously determined. At the conclusion of the hearing, the
post-conviction court denied the petition for post-conviction relief. After a
review of the record and applicable authorities, we determine that the
post-conviction court improperly concluded that several of the
petitioner’s issues were waived or previously determined, denying the
petitioner a full and fair hearing on the petition for post-conviction relief.
Accordingly, we remand the matter for a full and fair hearing on the issues
presented in the post-conviction petition.
State vs. James Hudson -
W2003-02433-CCA-R3-CD View
Carroll County - The defendant, James Rowe Hudson, was
declared a Motor Vehicle Habitual Offender in Carroll County by default
judgment. Several weeks later, he was charged in Henry County with driving
while a Motor Vehicle Habitual Offender, a Class E felony. See Tenn. Code Ann.
§ 55-10-616(a). The defendant then filed a motion pursuant to Rule 60 of
the Tennessee Rules of Civil Procedure in Carroll County to set aside the
original order. The motion was denied. Ultimately, the defendant was convicted
in Henry County and received a Range I, two-year sentence. In this appeal of
right, the following issues have been presented for our review: (1) whether the
trial court of Carroll County properly denied the motion to set aside the order
declaring the defendant to be a Motor Vehicle Habitual Offender; (2) whether
the evidence was sufficient to support the conviction in Henry County for
violation of the Motor Vehicle Habitual Offenders Act; and (3) whether the
trial court of Henry County imposed an excessive sentence. The judgment of the
Carroll County Circuit Court denying the defendant's motion to set aside the
order declaring him to be a Habitual Motor Vehicle Offender is reversed and the
order is set aside. Because the conviction in Henry County is based upon the
Carroll County order, the conviction must be reversed and the charge
dismissed.
State vs. Gloria
Porter - W2004-02464-CCA-R3-CD View
Hardin County
- Aggrieved of her convictions of possession of cocaine with intent to
manufacture, sell, or deliver and of simple possession of marijuana, the
defendant, Gloria A. Porter, appeals. Because we have determined that the
evidence was insufficient to support the convictions, we reverse and remand the
case to the trial court for dismissal of the charges.
State vs. Hezzie Bonds -
W2004-02447-CCA-R3-CD View
Gibson County - This is a direct appeal as of right from a
jury conviction of aggravated rape and criminal exposure of another to HIV. The
trial court sentenced the defendant to consecutive terms of twenty-five years
and six years, for an effective sentence of thirty-one years. On appeal, the
defendant raises only one issue: there is insufficient evidence to find him
guilty of the two offenses for which he was convicted. We affirm the judgments
of the trial court.
State vs. Mike
Edwards - W2004-02051-CCA-R3-CD View
Henry County -
Following a jury trial, defendant was convicted of aggravated robbery, a Class
B felony. The trial court sentenced defendant as a Range II, multiple offender
to seventeen years in the Tennessee Department of Correction. Defendant does
not challenge the length of his sentence. In this appeal, defendant argues (1)
that the evidence was insufficient to support his conviction of aggravated
robbery; (2) that the indictment fails to state an offense; and (3) that the
State failed to prove beyond a reasonable doubt that the charged offense
occurred prior to the return of the indictment. After a thorough review of the
record, we affirm the judgment of the trial court.
State vs. Maurice Garrett -
W2004-02367-CCA-R3-PC View
The
Appellant, Maurice Garrett, appeals the Lauderdale County
Circuit Court’s denial of his petition for post-conviction relief. On
appeal, Garrett argues that he was denied his Sixth Amendment right to the
effective assistance of counsel. After a review of the record, we affirm the
denial of post-conviction relief.
State vs. Jermaine Nelson -
W2004-01685-CCA-R3-CD View
Shelby County - Originally indicted for second degree murder,
Defendant, Jermaine Nelson, was convicted of voluntary manslaughter, a Class C
felony, following a jury trial. The trial court sentenced him to serve ten (10)
years in the Department of Correction as a Range II offender. Defendant’s
sole issue on appeal is that the trial court erred when it sentenced him as a
Range II offender. We agree, and affirm the conviction, but reverse the
sentence and remand for an amended judgment imposing a Range I sentence of six
(6) years.
State vs. Dickey
Cotton - W2004-02523-CCA-R3-HC View
(Dissent) -
View
Lauderdale
County - The petitioner, Dickey L. Cotton, appeals the circuit
court’s summary dismissal of his Pro se petition for writ of habeas
corpus. Following our review, we reverse the circuit court’s dismissal of
the habeas corpus petition and remand for further proceedings consistent with
this opinion.
State vs. Donnie
Thompson - W2005-00658-CCA-R9-CD View
Madison County -
The Defendant, Donnie Glenn Thompson, was indicted for one count of stalking
his former wife, Kimberly McClinsey. The Defendant subsequently submitted an
application for pretrial diversion on this charge, see Tenn. Code Ann. §
40-15-105. The district attorney general denied the Defendant’s request
for pretrial diversion. The Defendant sought review by the trial court, and the
trial court found no abuse of discretion by the district attorney general. The
Defendant now appeals from the trial court’s ruling. Finding that the
district attorney general abused his discretion in analyzing the
Defendant’s application for pretrial diversion, we reverse the judgment
of the trial court and remand this matter to the district attorney general for
further consideration.
Juan
Alfonzo Hill vs. State - E2004-02915-CCA-R3-PC View
Washington
County - The petitioner appeals from the denial of his petition for
post-conviction relief. On appeal, he contends that: (1) he was denied the
effective assistance of trial counsel, and (2) the post-conviction court and
the district attorney general erred in failing to comply with the Post
Conviction Procedure Act, which caused him prejudice. Following our review, we
affirm the judgment of the post-conviction court denying post-conviction
relief.
State vs. Nathaniel
Robinson, Jr. - E2004-02191-CCA-R3-CD
View
Sullivan
County - The defendant, Nathaniel Robinson, Jr., stands convicted of
driving under the influence (DUI), third offense and driving on a revoked
license, second or subsequent offense. For these convictions, the trial court
imposed two consecutive sentences of 11 months and 29 days. The court ordered
that the sentence for driving on a revoked license be suspended upon service of
the sentence for driving under the influence; that the defendant be eligible
for release after 75 percent service; and that fines imposed by the jury be
reduced to $1,000 for each offense. After the defendant’s motion for a
new trial was denied, he timely filed a notice of appeal. On appeal, he
challenges the validity of a pretrial hearing, the denial of a motion to
dismiss, jury instructions on the state’s duty to preserve evidence, and
the denial of alternative sentencing. Following our review, we affirm the
judgments of the lower court.
State vs.Jeffery Scott Sherrill -
E2004-02914-CCA-R3-CD View
Rhea
County - The defendant, Jeffery Scott Sherrill, pleaded guilty to
second degree murder. After conducting a sentencing hearing, the trial court
sentenced the defendant to serve a 25-year sentence as a Range I violent
offender. Aggrieved of his sentence, the defendant brings the instant appeal
challenging his sentence as excessive. After a thorough review of the record
and applicable law, we affirm the judgment of the lower court.
Aaron T. Burton vs. Virginia Lewis, Warden -
E2004-02380-CCA-R3-HC View
Bledsoe County - The petitioner, Aaron T. Burton, appeals from
the trial court's order dismissing his petition for writ of habeas corpus. The
state has filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish that he is entitled to habeas
corpus relief. Accordingly, the state's motion is granted and the judgment of
the trial court is affirmed.
State
vs. Jerry Tigner Jr. - W2004-01935-CCA-R3-CD
View
Shelby County
- The defendant, Jerry Dale Tigner, Jr., was indicted for second degree murder,
a Class A felony, and was convicted by a jury as charged and sentenced as a
Range I, violent offender to seventeen years in confinement. The defendant
appeals his conviction and sentence, claiming that: (1) the evidence is
insufficient to support the conviction; (2) the sequential jury instructions on
second degree murder and voluntary manslaughter are unconstitutional; (3) the
trial court erred in sentencing by failing to consider all mitigating factors;
and (4) the State committed Brady violations with regard to a witness. Upon
review, we find no reversible error and affirm the conviction and sentence.
State vs. Darnell Welch -
W2004-01515-CCA-R3-CD View
Tipton County - The defendant, Darnell Lavelle Welch, was
indicted for premeditated first degree murder. A jury convicted the defendant
as charged, and he was sentenced to life in prison. The defendant now appeals
his conviction, alleging that the evidence was insufficient to support the
conviction in two respects: (1) that self-defense was not rebutted beyond a
reasonable doubt; and (2) that premeditation was not proven. Upon review, we
conclude that the jury was justified in rejecting self-defense and in finding
that the defendant acted with premeditation in killing the victim. Therefore,
the defendant’s conviction is affirmed.
State vs. Xavier Todd -
W2005-00681-CCA-R3-HC View
Shelby County - The Petitioner, Xavier S. Todd, 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. After
review, we conclude that the Petitioner is statutorily prohibited from seeking
state habeas corpus relief as he is in federal custody and is being restrained
under an order of a federal court. Accordingly, the State's motion is granted
and the judgment of the trial court is affirmed.
Cases posted the week of 09/12/2005
State vs. Christopher Lynn
Hoosier - M2004-03054-CCA-R3-CD
View
A
Montgomery County Circuit Court jury convicted the defendant,
Christopher Lynn Hoosier, of possession with the intent to sell one-half gram
or more of cocaine, a Class B felony, simple possession of marijuana, a Class A
misdemeanor, and possession of drug paraphernalia, a Class A misdemeanor, and
the trial court sentenced him as a Range II, multiple offender to concurrent
terms of twenty years for the cocaine conviction and eleven months and
twenty-nine days for each of the misdemeanor convictions. The defendant
appeals, claiming the trial court erred in sentencing him by finding
enhancement factors that were not submitted to a jury or proven beyond a
reasonable doubt and by failing to apply a factor in mitigation. We affirm the
judgments of the trial court.
Steven L. Crawley vs. State -
M2004-01928-CCA-R3-PC View
Davidson County - In January 2003, the petitioner, Steven L.
Crawley, pled guilty to possession of over .5 grams of cocaine for resale and
was sentenced, as a Range I offender, to eight years confinement, which was to
be served consecutively to an identical sentence for another conviction for the
same offense but occurring at an earlier date, both of which were to be served
concurrently to a thirty-day sentence for resisting arrest. Subsequently, he
filed a petition for post-conviction relief, alleging that trial counsel was
ineffective for failing to interview the petitioner’s codefendant as to
whether the cocaine in question was his and the petitioner’s cousin,
Barbara Crawley, who would have testified, inter alia, that the petitioner had
been invited to her residence on the day of his arrest and for failing to file
a motion to suppress evidence of an illegal search of him by police officers or
a motion to sever his case from that of his codefendant. Following an
evidentiary hearing, the post-conviction court dismissed the petition, and we
affirm that action.
State vs William
T. Davis - M2004-03060-CCA-R3-CD View
Rutherford
County - The defendant, William T. Davis, pled guilty to one count of
cruelty to animals, a Class A misdemeanor, and was sentenced to eleven months,
twenty-nine days, suspended to probation. On appeal, he raises issues
concerning the trial court’s denial of his motion to suppress evidence
that was acquired during a warrantless search of his private residence. As a
condition of his guilty plea, the defendant reserved two certified questions of
law that are dispositive of the case. We conclude that the certified questions
are properly before this court and that the first warrantless entry into the
defendant’s residence was justified under the exigent circumstances
exception and the second entry was a continuation of the first to collect
evidence that was in the plain view of the officers. We, therefore, affirm the
trial court’s denial of the defendant’s motion to suppress.
Brian Val Kelly vs. State -
M2004-01158-CCA-R3-PC View
The
petitioner appeals the denial of his post-conviction petition, contending
specifically that: (1) the term “wrongfulness” as used in the
insanity statute should have been defined to the jury so as to encompass moral
wrongfulness; (2) the evidence was insufficient to support the verdict and
sufficient to sustain the defense of insanity; (3) trial counsel rendered
ineffective assistance; and (4) Tennessee Code Annotated section 39-11-501 is
unconstitutional as applied to the petitioner. Following our review, we
conclude that the issues presented were either previously determined, waived,
or without merit and that the term wrongfulness as used in the insanity statute
encompasses both moral and legal wrongfulness. Therefore, we affirm the denial
of post-conviction relief.
State vs.
Stephan M. Reynolds - E2004-01830-CCA-R3-CD
View
Knox County -
The defendant was indicted for possession with intent to sell over one-half
ounce of marijuana within 1000 feet of a school (a Class D felony); possession
with intent to deliver over one-half ounce of marijuana within 1000 feet of a
school (a Class D felony); and possession of drug paraphernalia (a Class A
misdemeanor). The trial court granted the defendant’s motion to suppress
after a hearing. The State now appeals the suppression of evidence. After
careful review, we affirm the trial court’s order of suppression.
State vs. Mickey Lee Williams -
E2004-01617-CCA-R3-CD View
The
Appellant, Mickey Lee Williams, was convicted by a Grainger
County jury of second degree murder and arson and received an
effective sentence of twenty-three years imprisonment. On appeal, Williams
raises the following issues for our review: (1) whether the trial court erred
by allowing the State to introduce character evidence of his propensity for
violence; (2) whether the testimony of a prosecution witness should have been
excluded due to the State’s untimely notice to the defense that the
witness would be testifying at trial; (3) whether the trial court misinstructed
the jury on self-defense; (4) whether the evidence was sufficient to support
his convictions; and (5) whether his sentences violate Blakely v. Washington.
After review of the record, we conclude that because Williams’ motion for
new trial was not timely filed, issues (1), (2), and (3) are waived. After
review of issues (4) and (5), we find no error and affirm the judgments of
conviction. Notwithstanding our holding of no error, the record reflects that
the trial court, on June 7, 2004, initially imposed an effective sentence of
twenty-four years for second degree murder. On November 8, 2004, the trial
court reduced this sentence by one year. As asserted by the State on appeal,
because Williams’ sentence for second degree murder became final thirty
days after its entry, the trial court was without jurisdiction to modify or
reduce the sentence. Accordingly, we remand for reinstatement of
Williams’ initial sentence of twenty four years for second degree murder.
Williams’ sentence of five years for arson is affirmed.
State vs. Bobby Hurley -
W2004-02487-CCA-R3-CD View
Hardin County - Convicted by a jury of possession of cocaine
with intent to manufacture, sell, or deliver, a Class B felony, and sentenced
to a Department of Correction term of ten years as a Range I offender, the
defendant, Bobby Shane Hurley, appeals, challenging the sufficiency of the
evidence, the severity of his sentence, and the failure of the trial court to
grant a sentencing alternative to incarceration. We affirm the judgment of the
trial court.
State vs. Eric Rice -
W2004-03054-CCA-R3-CD View
Madison County - The defendant, Eric Rice, pled guilty to one
count of statutory rape, a Class E felony, and applied for judicial diversion
pursuant to Tennessee Code Annotated section 40-35-313. The trial court denied
the application for judicial diversion and sentenced the defendant as a
standard offender. On appeal, the defendant argues that the trial court erred
in denying judicial diversion. After our review, we affirm the judgment of the
trial court.
State vs. Darrell Toomes
- W2004-02335-CCA-R3-CD View
Lauderdale County - Following a jury trial, Defendant, Darrell
Toomes, was convicted of delivery of less than 0.5 grams of cocaine. He was
sentenced to seven years in the Department of Correction as a Range II,
multiple offender. The trial court denied Defendant’s motion for new
trial. On appeal, Defendant argues that the evidence presented at trial was
insufficient to establish his guilt beyond a reasonable doubt. After a thorough
review of the record, we affirm the judgment of the trial court.
State vs. Robert Hood -
W2004-01678-CCA-R3-DD View
Shelby County - Capital Defendant, Robert Hood, appeals as of
right his conviction of first degree murder and sentence of death resulting
from the 2001 murder of Toni Banks. A Shelby County grand jury charged the
defendant by indictment with one count of felony murder, one count of
premeditated murder, two counts of misdemeanor theft of property, and two
counts of especially aggravated kidnapping. On May 6, 2004, a Shelby County
jury found the defendant guilty of both counts of homicide and guilty as to
both counts of misdemeanor theft. The jury acquitted the defendant on both
counts of aggravated kidnapping. After a separate sentencing hearing, the jury
unanimously found the presence of one statutory aggravating circumstance, that
the defendant had previously been convicted of a violent felony offense. The
jury further determined that this aggravating circumstance outweighed any
mitigating circumstances beyond a reasonable doubt and imposed a sentence of
death. The trial court approved the sentencing verdict. The defendant appeals
presenting for our review the following issues: (1) whether the trial court
erred by denying the defendant’s request to proceed pro se, (2) whether
the trial court erred by refusing to permit defense counsel to withdraw, (3)
whether the presence of uniformed detention response team members sitting on
either side of the defendant throughout trial was prejudicial error, (4)
whether the evidence is sufficient to support a verdict of premeditated murder,
(5) whether the trial court erred in admitting evidence involving prior bad
acts of the defendant, (6) whether the trial court’s instruction that the
defendant’s prior offenses were offenses whose statutory elements
involved the use of violence violated the United States Constitution, (7)
whether the death penalty imposed in this case violated due process because the
indictment failed to allege the aggravators relied upon by the state, and (8)
whether Tennessee’s death penalty scheme is unconstitutional. Finding no
error requiring reversal, we affirm the defendant’s conviction and
sentence of death.
State vs. Jerry Bell
- W2004-01355-CCA-R3-CD View
The
appellant, Jerry Bell, was convicted by a jury in the Shelby
County Criminal Court of two counts of aggravated robbery and one
count of aggravated burglary. The appellant received a total effective sentence
of twenty years incarceration in the Tennessee Department of Correction. On
appeal, the appellant challenges the sufficiency of the evidence supporting his
convictions and the sentences imposed for those convictions. Upon review of the
record and the parties’ briefs, we affirm the judgments of the trial
court.
State vs. Eric Blakemore
- W2004-01578-CCA-R3-PC View
Shelby County - The petitioner appeals the denial of his
post-conviction petition, in which he asserted that trial counsel was
ineffective in: (1) failing to secure an independent mental evaluation; and (2)
failing to demand a speedy trial. Upon review, we conclude that the evidence
does not preponderate against the findings of the post-conviction court;
therefore, we affirm.
State vs.
Anthony Moore - W2004-02039-CCA-R3-PC
View
Madison
County - The petitioner, Anthony Leon Moore, appeals from the
post-conviction court’s denial of post-conviction relief. On appeal, he
contends that the post-conviction court erred in finding that he received the
effective assistance of counsel. Following our review, we affirm the denial of
post-conviction relief.
State
vs. Shirley Rudd - W2004-02065-CCA-R3-CD View
An Obion
County jury found the defendant, Shirley Annette Rudd, guilty of
facilitating the manufacture of methamphetamine, possession of methamphetamine
with intent to sell or deliver, and conspiracy to manufacture methamphetamine.
See Tenn. Code Ann. §§ 39-11-403, -12-103, -17-417 (2003). Pretrial,
the defendant had moved to suppress methamphetamine seized from her person. The
trial court conducted an evidentiary hearing and concluded that the evidence
had been legally seized. The defendant challenges that ruling on appeal. After
reviewing the record, applicable authorities, and the briefs of the parties, we
affirm the judgments of the trial court.
State vs. Christopher Taylor -
W2004-02107-CCA-R3-PC View
The Appellant, Christopher Jerome Taylor, appeals the Fayette
County Circuit Court’s denial of his petition for
post-conviction relief. On appeal, Taylor argues that he was denied his Sixth
Amendment right to the effective assistance of counsel. After review of the
record, we affirm the denial of post-conviction relief.
State vs. Ronnie Woodall -
W2004-02358-CCA-R3-CD View
The
defendant, Ronnie Woodall, was convicted of rape of a child by a Shelby
County jury and sentenced as a violent offender to twenty-two years in
the Tennessee Department of Correction at one-hundred percent. On appeal, the
defendant challenges: (1) the sufficiency of the convicting evidence, and (2)
the trial court’s application of a sentencing enhancement. Following our
review of the record and the applicable law, we affirm the judgment of the
trial court.
Donaven Brown vs. State
- M2005-00419-CCA-R3-HC View
Hickman County - This matter is before the Court upon the
State’s motion to affirm the judgment of the trial court by memorandum
opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The
petitioner has appealed the trial court’s order summarily dismissing the
petition for writ of habeas corpus. Upon a review of the record in this case,
we are persuaded that the trial court was correct in summarily dismissing the
habeas corpus petition and that this case meets the criteria for affirmance
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly,
the State’s motion is granted and the judgment of the trial court is
affirmed.
Derick Bailey vs.
State - M2004-02434-CCA-R3-PC View
The petitioner, Derick Bailey,
appeals from the Davidson County Criminal Court's denial of
post-conviction relief. Presenting issues of trial error and the ineffective
assistance of counsel, the petitioner appeals. We affirm the post-conviction
court’s order.
State vs.
Rodney J. Campbell - M2004-02088-CCA-R3-CD
View
Davidson
County - The defendant, Rodney J. Campbell, was indicted for
premeditated first degree murder, felony murder, and especially aggravated
kidnapping. He was convicted by jury of kidnapping and two counts of second
degree murder. As a result of these convictions, he was sentenced to a total
effective sentence of thirty-one years in the Department of Correction. On
appeal, the defendant raises four issues for our review: (1) whether the trial
court erred in denying his motion for judgment of acquittal; (2) whether the
evidence is insufficient to support his convictions; (3) whether the trial
court properly instructed the jury; and (4) whether the trial court erred in
imposing an excessive sentence. Upon review, we affirm the judgments of the
trial court.
Andrew Christian vs
State - M2004-02793-CCA-R3-PC View
Davidson County
- The petitioner appeals the denial of his petition for post-conviction relief
in which he asserted various instances of ineffective assistance of counsel.
Upon review, we conclude that the evidence does not preponderate against the
findings of the post-conviction court. Therefore, we affirm.
Wayford Demonbreun, Jr. vs Ricky Bell,
Warden - M2005-00563-CCA-R3-HC View
Davidson County
- The Petitioner, Wayford Demonbreun, Jr., appeals from the dismissal of his
petition for the writ of habeas corpus. The State has filed a motion requesting
that the Court affirm the trial court’s denial of relief pursuant to Rule
20, Rules of the Court of Criminal Appeals. We find the State’s motion
has merit. Accordingly, the motion is granted and the appeal is affirmed
pursuant to Rule 20, Rules of the Court of Criminal Appeals.
State vs. Gregory T. Harwood -
M2004-01811-CCA-R9-CO View
Davidson County - This interlocutory appeal presents a
challenge to the constitutionality of Tennessee’s child exploitation
statute. Upon thorough review, we conclude that: (1) the term “knowingly
possess” provides fair warning of the conduct prohibited by the statute
and does not allow for the prosecution of individuals who innocently possess
child pornography; (2) the term “material,” as used in the statute,
does not encompass protected speech such as virtual pornography or images that
only “appear” to depict minors; and (3) the permissive inference
contained in subsection (b) of the subject statute neither broadens the scope
of the statute nor shifts the burden of proof but, rather, allows the jury to
deem circumstantial evidence sufficient to meet the State’s burden of
proof beyond a reasonable doubt. For these reasons, we hold that Tennessee Code
Annotated section 39-17-1003 is constitutional on its face and affirm the trial
court’s denial of the motion to dismiss.
State vs. Timothy Johnson -
M2005-00168-CCA-R3-HC View
The
petitioner, Timothy L. Johnson, appeals from the Davidson
County Criminal Court’s dismissal of his petition for habeas
corpus relief. Because we agree with the criminal court’s action, we
affirm.
State vs. Brenda Kay Mayhew
- M2004-00218-CCA-R3-CD View
Davidson County - The Defendant, Brenda Kay Mayhew, pled
guilty to one count of the sale of a schedule II controlled substance,
Dilaudid, and, pursuant to a plea agreement, the trial court sentenced the
Defendant to a six-year sentence, as a Range II offender. The trial court
ordered that the Defendant’s sentence run consecutively to an eight-year
sentence that she was currently serving. On appeal, the Defendant contends that
the trial court erred when it ordered that the Defendant’s sentences run
consecutively. Finding no reversible error, we affirm the judgment of the trial
court.
State vs. Karl Blake -
M2004-02731-CCA-R3-CD View
The
Appellant, Karl Blake, was convicted by a Rutherford County
jury of three counts of child rape and one count of aggravated sexual battery,
resulting in an effective forty-year sentence. On appeal, Blake raises the
following issues for our review: (1) whether the trial court erred in excluding
a statement made by the victim at an in camera hearing; (2) whether the trial
court should have granted a mistrial based on juror misconduct; (3) whether the
trial court should have granted a new trial based on newly discovered evidence;
and (4) whether his sentence violates Blakely v. Washington. After review of
the record, we affirm.
Larry W.
Timberlake vs. State - M2004-02734-CCA-R3-CD
View
Davidson
County - The defendant, Larry W. Timberlake, appeals his probation
revocation and imposition of his original seven-year sentence. After a thorough
review of the record and applicable law, we affirm the judgment of the trial
court.
State vs. Ellen Colleen
Smith - E2004-02448-CCA-R3-CD View
Hamilton
County - This is a direct appeal as of right challenging the sentence
imposed for convictions on ten counts of identity theft, ten counts of forgery,
and nine counts of theft of property. The Defendant submitted a petition to
enter an open guilty plea to all twenty-nine offenses, stemming from ten
separate incidents. She was sentenced as a Range I, standard offender to
partial consecutive sentences totaling twenty years, with four years to be
served in confinement and the remainder on supervised probation. On appeal, the
Defendant argues only that the trial court erred in running the sentences
consecutively. Because it appears from the record that the Defendant’s
guilty pleas were never entered in open court, this cause is remanded to the
trial court for further proceedings.
Cases posted the week of 09/05/2005
William Patrick Roberson v. State -
W2005-00163-CCA-R3-PC View
Carroll County -
The petitioner, William Patrick Roberson, appeals from the post-conviction
court's denial of post-conviction relief. On appeal, he contends that his
statements to police were taken in violation of his constitutional rights under
Miranda v. Arizona, 384 U.S. 436 (1966), and that he received the ineffective
assistance of counsel. Following our review, we affirm the judgment of the
post-conviction court denying post-conviction relief.
Dexter L. Williams vs. State -
E2004-01267-CCA-R3-PC View
Blount County -
Petitioner, Dexter Williams, was convicted of first degree murder and sentenced
to life imprisonment. This Court affirmed his conviction on appeal. State v.
Dexter Lee Williams, No. 03C01-9312-CR-00390, 1995 Tenn. Crim. App. LEXIS 9
(Tenn. Crim. App., at Knoxville, Jan. 9, 1995). A Tennessee Rules of Appellate
Procedure Rule 11 application for permission to appeal was filed ten months
later, but was dismissed as time-barred. Petitioner's pro se petition for
post-conviction relief was also dismissed without a hearing. On appeal, this
Court remanded the case for an evidentiary hearing. Dexter L. Williams v.
State, No. E1999-00871-CCA-R3-PC, 2000 Tenn. Crim. App. LEXIS 22 (Tenn. Crim.
App., at Knoxville, Jan. 11, 2000). On appeal to the Tennessee Supreme Court,
the State argued that the petition was untimely and should have been dismissed.
The Supreme Court affirmed the Court of Criminal Appeals and remanded the case
to the trial court for a further evidentiary hearing to determine the
circumstances surrounding Petitioner's untimely filing of his post-conviction
petition, holding that due process concerns might prevent strict application of
the statute of limitations. Williams v. State, 44 S.W.3d 464 (Tenn. 2001).
Following an evidentiary hearing, the trial court again dismissed the petition
for post-conviction relief. After a thorough review of the record, we affirm
the judgment of the trial court.
State vs.
Craig Everett Shears - E2004-00797-CCA-R3-CD
View
Knox County -
Following a jury trial, Defendant, Craig Everett Shears, was convicted of first
degree felony murder and especially aggravated robbery. Defendant was sentenced
to life imprisonment for the first degree felony murder conviction. Following a
sentencing hearing, the trial court sentenced Defendant as a Range I, standard
offender, to twenty years for the especially aggravated robbery conviction, and
ordered Defendant to serve this sentence concurrently with his life sentence.
In this appeal, Defendant argues (1) that the trial court erred in denying
Defendant's motion to suppress his statement to police officers and (2) that
the evidence was insufficient to support Defendant's convictions. After a
thorough review of the record, we affirm the judgments of the trial court.
State v. Roosevelt Morris -
W2004-02277-CCA-MR3-CD View
Shelby County - The
Defendant, Roosevelt Morris, was convicted by a jury of two counts of attempted
first degree premeditated murder. The trial court sentenced the Defendant as a
Range I, standard offender to two consecutive terms of twenty-five years in the
Department of Correction for an effective sentence of fifty years. In this
direct appeal, the Defendant challenges the sufficiency of the evidence and
contends that his sentence is excessive. We affirm the Defendant's convictions.
We modify the Defendant's effective sentence to forty-seven years.
Shannon Wade Jacobs vs. State -
M2004-00966-CCA-R3-PC View
Giles
County - The petitioner, Shannon Wade Jacobs, filed a petition for
post-conviction relief from his 2000 jury conviction of second degree murder in
the Giles County Circuit Court, for which he received a sentence of 23 years in
the Department of Correction. After the post-conviction court appointed counsel
for the petitioner and conducted an evidentiary hearing, the court dismissed
the petition. The petitioner appeals. Upon our review, we affirm the denial of
post-conviction relief.
State vs. Jared C.
Brown - M2004-02101-CCA-R3-CD View
Davidson County -
The appellant, Jared C. Brown, pled guilty in the Davidson County Criminal
Court to possession of over ten pounds of marijuana with the intent to sell or
deliver, and he received a sentence of two years. As a condition of his plea,
the appellant reserved a certified question of law regarding the validity of a
search warrant. Upon review of the record and the parties' briefs, we conclude
that the question is not dispositive of the appellant's case and affirm the
judgment of the trial court.
State vs.
Bill Vaughn Halton - M2004-02738-CCA-R3-CD
View
Cheatham County
- The Defendant, Bill Vaughn Halton, pled guilty to three counts of sexual
battery and to one count of sexual assault. The Defendant filed a petition to
suspend fees and court costs. After a hearing, the trial court waived the
Defendant's counseling and probation fees, but concluded that it had no
authority to waive the Defendant's court costs. On appeal, the Defendant
contends that the trial court erred when it refused to waive court costs. After
thoroughly reviewing the record and the applicable authorities, we remand this
case to the trial court to consider whether or not the Defendant's court costs
should be waived.
James Earl Kenner vs. Ricky
Bell - M2005-00622-CCA-R3-HC View
Davidson County -
Petitioner, James Earl Kenner, filed a petition for writ of habeas corpus in
the Circuit Court of Davidson County. Defendant was convicted in 1994 of five
counts of aggravated burglary, five counts of Class D felony theft, and one
count of unlawful possession of weapon. His petition sought relief on the basis
that all of his sentences were imposed in violation of his right to a jury
trial as set forth in Blakely v. Washington, 542 U.S. 296 (2004). The trial
court summarily dismissed the petition without an evidentiary hearing on the
grounds that the judgments were not void on their face, and Blakely v.
Washington was not to be retroactively applied. Petitioner timely appealed to
this court and the State has filed a motion for this Court to affirm the
dismissal pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal
Appeals. Finding merit in the motion, we grant same and affirm the judgment of
the trial court.
State vs. Darryl Eugene
Watts - M2004-01958-CCA-R3-CD View
Davidson County -
Pursuant to a plea agreement, the defendant, Darryl Eugene Watts, pled guilty
to rape, furnishing alcohol to a minor, and exposing a minor to pornography. He
was sentenced to an effective eight-year sentence in confinement. On appeal,
the defendant argues that the trial court erred in denying alternative
sentencing. Following our review, we affirm the judgments of the trial court.
Gerald D. Stover vs. Kevin Myers -
M2005-00276-CCA-R3-HC View
Wayne
County - Following his plea of guilty to aggravated burglary, the
petitioner was sentenced to twelve years. After serving a period of time, the
length of which is unclear from the record, he was paroled and, on February 19,
1999, was convicted in Alabama for trafficking cocaine. Apparently, a parole
violation warrant was issued on January 25, 1999, for his Tennessee sentence,
as to which he was declared on the same day to be delinquent. Presumably
because the petitioner was incarcerated in Alabama, the warrant was not served
on him until March 1, 2004. His parole was revoked on April 1, 2004, following
a hearing that same day. He filed a petition for writ of habeas corpus on
September 29, 2004, seeking relief because, by his analysis, his sentence had
expired and the revocation hearing had not been timely. The trial court
dismissed the petition and, following our review, we affirm the dismissal.
State vs. Jeremy P. Smith -
M2004-02740-CCA-R3-CD View
Dickson County - The
appellant, Jeremy P. Smith, pled guilty in the Dickson County Circuit Court to
arson and received a sentence of five years. The trial court granted the
appellant community corrections. Subsequently, the trial court revoked the
appellant's community corrections and ordered the appellant to serve one year
in confinement before again being released into community corrections. On
appeal, the appellant contests the revocation. Upon review of the record and
the parties' briefs, we affirm the judgment of the trial court.
Rhynuia
L. Barnes vs. State - M2004-01557-CCA-R3-PC
View
Davidson County
- The petitioner appeals the denial of post-conviction relief, alleging various
instances of ineffective assistance of counsel as well as a violation of his
rights under the Confrontation Clause. Upon review of the claim under the
Confrontation Clause, we conclude that counsel was not ineffective and that the
statement did not prejudice the petitioner. We further conclude that the
evidence does not preponderate against the post-conviction court's finding that
counsel rendered effective assistance of counsel. Therefore, we affirm the
post-conviction court's denial of relief.
State vs. Sergio F. Cano - M2004-02639-CCA-R3-CD
View
Davidson County -
The defendant, Sergio F. Cano, was convicted of four counts of aggravated
sexual battery. See Tenn. Code Ann. § 39-13-504(a)(4). The trial court
ordered concurrent, Range I sentences of eleven years. In this appeal as of
right, the defendant argues that the evidence was insufficient to support his
convictions. The judgments of the trial court are affirmed.
Ronald L. Davis vs. State - M2003-
02302-CCA-R3-CO View
Maury
County - The Petitioner, Ronald L. Davis, appeals the trial court's
denial of his petition for writ of error coram nobis. 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. We find the
State's motion has merit. Accordingly, the motion is granted and the appeal is
affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Jeffrey Wayne Haithcote vs. State -
M2004-02196-CCA-R3-PC
View
Bedford County - The petitioner, Jeffrey Wayne
Haithcote, appeals the trial court's denial of post-conviction relief. The
single issue presented for review is whether the petitioner was denied the
effective assistance of counsel. The judgment is affirmed.
State vs. Robert Lee Smartt -
M2005-00176-CCA-R3-C0 View
Coffee County -
The Petitioner, Robert Lee Smartt, appeals the trial court's denial of his
petition for writ of error coram nobis which asserted that newly discovered
evidence existed that may have resulted in a different judgment at trial. 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.
We find the State's motion has merit. Accordingly, the motion is granted and
the appeal is affirmed pursuant to Rule 20, Rules of the Court of Criminal
Appeals.
Joe L. Utley vs. State -
M2003-02415-CCA-R3-CO View
Davidson County -
The Petitioner, Joe L. Utley, appeals the trial court's denial of his petition
for writ of error coram nobis which asserted that newly discovered evidence
existed that may have resulted in a different judgment at trial. 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. We find the
State's motion has merit. Accordingly, the motion is granted and the appeal is
affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
Kenneth Gaines v. State -
W2004-01940-CCA-R3-PC View
Shelby County - The
petitioner, Kenneth Gaines, appeals from the Shelby County Criminal Court's
denial of post-conviction relief. Because we discern no error in the
post-conviction court's proceedings and because the record supports that
court's determinations, we affirm.
State v.
Michael Nash - W2004-03005-CCA-R3-CD View
Shelby County - The
Defendant, Michael Nash, was convicted by a jury of one count of aggravated
robbery. After a hearing, the trial court sentenced him as a Range II, multiple
offender to twelve years in the Department of Correction. In this appeal as of
right, the Defendant challenges the sufficiency of the evidence and contends
that he should have been sentenced as a Range I, standard offender. We affirm
the Defendant's conviction. We reverse the order of the trial court sentencing
the Defendant as a Range II, multiple offender. We remand this matter for a new
sentencing hearing.
State v. Brandon
McCaslin - W2004-02539-CCA-R3-CD View
Dyer County - This
is a direct appeal as of right from a jury verdict of guilty of two counts of
theft of property over $1,000, both Class D felonies. The Defendant was
sentenced to four years of confinement as a Range II, multiple offender. On
appeal, the Defendant argues only one issue: there is insufficient evidence to
find him guilty beyond a reasonable doubt of the offenses for which he was
convicted. We affirm the judgments of the trial court.
Steven Van Tucker v. State -
W2004-02693-CCA-R3-PC View
Lauderdale County -
In case number 7563, the petitioner, Steven Van Tucker, pled guilty in the
Lauderdale County Circuit Court to theft of property valued between five
hundred and one thousand dollars, and the trial court sentenced him to four
years and six months in confinement. In case number 7577, the petitioner pled
guilty to burglary, car burglary, theft of property valued more than one
thousand dollars but less than ten thousand dollars, and two counts of
misdemeanor theft, and the trial court sentenced him to an effective sentence
of four years in confinement. The trial court ordered that the sentence in case
number 7577 be served consecutively to the sentence in case number 7563 for an
effective sentence of eight years and six months. Subsequently, the petitioner
filed a petition for post-conviction relief, claiming that he received the
ineffective assistance of trial counsel and that his guilty pleas were not
voluntarily and intelligently entered. The trial court denied the petition for
post-conviction relief. Upon review of the record and the parties' briefs, we
affirm the judgment of the post-conviction court.
State vs. Phillip W. Dailey -
E2004-01984-CCA-R3-CD View
Blount County - The
Appellant, Phillip W. Dailey, appeals the sentencing decision of the Blount
County Circuit Court, which resulted in the imposition of an effective
three-year sentence of incarceration. On appeal, Dailey challenges the trial
court's denial of alternative sentencing. After review of the record, we affirm
the judgment of the trial court.
State vs.
David B. Walker - E2005-00234-CCA-R3-CD View
Cocke County - The
Appellant, David B. Walker, appeals the sentencing decision of the Cocke County
Circuit Court. Walker pled guilty to reckless vehicular homicide, a Class C
felony, and was sentenced as a Range I standard offender to three years in the
county jail. On appeal, Walker argues that the trial court should have imposed
an alternative sentence. After review of the record, we find that the State has
failed to rebut the presumption of Walker's entitlement to an alternative
sentence. Accordingly, we remand the case to the trial court for the imposition
of an appropriate alternative sentence.
Jessica Richards vs. State & Jennifer Horine
vs. State - E2004-02326-CCA-R3-PC View
Cumberland County
- In this consolidated appeal, the petitioners challenge the denial of
post-conviction relief, contending that their respective trial counsel were
ineffective in failing to advise them of authority that indicated that their
conduct fell outside the scope of the statute. On appeal, the State concedes
that the petitioners received ineffective assistance of counsel. Following
thorough review, we agree. Therefore, we reverse the denial of post-conviction
relief, set aside the judgments, and remand the matter to the trial court.
Cases posted the week of 08/29/2005
State vs. Allen Baldwin -
W2004-02715-CCA-R3-CD View
Shelby County - A
Shelby County Criminal Court jury convicted the appellant, Allen D. Baldwin, of
aggravated robbery, a Class B felony, and robbery, a Class C felony. The trial
court merged the robbery conviction into the aggravated robbery conviction and
sentenced the appellant to ten years in the Department of Correction. On
appeal, the appellant claims that the trial court erred by ruling that the
State could impeach him with his prior convictions for robbery and theft if he
chose to testify. Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court.
State vs. Billy Montgomery -
W2004-02968-CCA-R3-CD View
Tipton County -
The appellant, Billy Mac Montgomery, pled guilty in the Tipton County Circuit
Court to driving under the influence (DUI), a Class A misdemeanor. The trial
court sentenced him to eleven months and twenty-nine days in the county jail,
to be suspended after serving forty-eight hours, and imposed a three hundred
fifty dollar fine. Pursuant to the plea agreement, the appellant reserved the
right to appeal a certified question of law challenging the trial court's
denial of his motion to suppress. The State contends that the question
presented is not dispositive and, therefore, that this court is without
jurisdiction over the appeal. Upon review of the record and the parties'
briefs, we conclude that the appeal should be dismissed.
State vs. Gerald Buchanan - W2004-02849-CCA-R3-HC
View
Hardeman County -
The petitioner, Gerald Buchanan, appeals the Hardeman County Circuit Court's
summary dismissal of his petition for habeas corpus relief from his conviction
for first degree murder and resulting sentence of life imprisonment. He claims
his judgment of conviction is void because it classifies his release
eligibility status as thirty percent in violation of our statutory sentencing
scheme. We affirm the trial court.
State
vs. Ken Childress - W2004-01170-CCA-R3-CD View
Shelby County - The
appellant, Ken Childress, was convicted by a jury of attempted first degree
murder and aggravated criminal trespass. The trial court sentenced the
appellant to an effective sentence of twenty-five (25) years. On appeal, the
appellant challenges the sufficiency of the evidence and his sentence as
improper in light of the United States Supreme Court's decision in Blakely v.
Washington, 542, U.S. 296, 124 S. Ct. 2531 (2004). Because the evidence is
sufficient to support the convictions and the Tennessee Supreme Court has
determined that Blakely has no effect in Tennessee, we affirm the judgments of
the trial court.
State vs. Roy Wilson
- W2004-01256-CCA-R3-PC View
Shelby County - The
petitioner, Roy Wilson, pled guilty to four (4) counts of aggravated rape,
eleven (11) counts of especially aggravated kidnapping, seven (7) counts of
aggravated robbery, and two (2) counts of aggravated burglary, for convictions
stemming from multiple indictments. As a result of the guilty pleas, the
petitioner received a fifteen (15) year sentence for one (1) of the aggravated
rape convictions that was ordered to run consecutive to all of the other
convictions, which ran concurrent to each other for a total of fifteen (15)
years, for a total effective sentence of thirty (30) years. The petitioner
filed a pro se petition for post-conviction relief based upon ineffective
assistance of counsel with respect to his guilty plea on one (1) of the
aggravated rape convictions. After an evidentiary hearing, the post-conviction
court denied the petition. On appeal, the petitioner challenges the trial
court's denial of the petition. Because the petitioner failed to prove that he
received ineffective assistance of counsel or that his guilty plea was
involuntary, we affirm the judgment of the post-conviction court.
State vs. Brian Woods - W2004-02220-CCA-R3-PC
View
Dyer County - The
Appellant, Brian L. Woods, appeals the Dyer County Circuit Court's denial of
his petition for post-conviction relief. On appeal, Woods argues that he was
denied his Sixth Amendment right to the effective assistance of counsel. After
review of the record, we affirm the denial of post-conviction relief.
State vs. Travis Young -
W2004-02426-CCA-R3-CD View
Shelby County - The
appellant, Travis Young, was convicted by a jury of especially aggravated
kidnapping, especially aggravated robbery, and criminal attempt to commit
second degree murder. As a result, the appellant was sentenced to an effective
sentence of twenty (20) years. After the denial of a motion for new trial, the
appellant appealed. On appeal, the following issues are presented for our
review: (1) whether the evidence is sufficient to sustain the jury verdict; (2)
whether the trial court improperly refused to dismiss the especially aggravated
kidnapping charge; and (3) whether the trial court improperly instructed the
jury with regard to especially aggravated kidnapping and especially aggravated
robbery. After a thorough review of the record and applicable authority, we
affirm the judgment of the trial court.
State vs. Jerome Hester Robinson -
E2004-01890-CCA-R3-CD View
Blount County -
The defendant, Jerome Hester Robinson, was convicted of delivery of less than
0.5 grams of cocaine. See Tenn. Code Ann. § 39-17-417 (2003). The trial
court imposed a three-year sentence, with nine months to be served in jail and
the remainder in a community corrections program. Following a revocation
hearing based upon violations of the terms of his sentence, the trial court
increased his three-year sentence to a Range I five-year sentence. The
defendant was ordered to serve one hundred and twenty additional days in jail.
In this appeal as of right, the defendant argues that the trial court erred by
increasing his sentence from three years to five years. The judgment is
affirmed.
James M. Loveday vs. State -
E2005-00336-CCA-R3-PC View
Sevier County - The
petitioner, James M. Loveday, appeals the dismissal of his petition for
post-conviction relief, arguing that the post-conviction court erred in finding
he received the effective assistance of trial counsel. Because the record
reveals that the petitioner filed his petition outside the one-year statue of
limitations, we conclude that this case is not properly before this court.
Accordingly, we dismiss the appeal for lack of jurisdiction.
State vs. Darryl J. Leinhart, II -
E2004-02070-CCA-R3-CD View
Anderson County -
The defendant, Darryl J. Leinart, II, was indicted on one (1) count of
possession of marijuana and one (1) count of possession of drug paraphernalia.
The defendant filed a motion to suppress the evidence against him contending
that the warrantless search of his residence was illegal. The trial court
granted the motion to suppress and the State filed this appeal. We find the
State failed to carry its burden in the trial court of proving that the
warrantless search of the defendant's residence was valid. The judgment of the
trial court is therefore affirmed.
State
vs. Aleta Renee Souder - E2004-02190-CCA-R3-CD
View
Sullivan County -
The defendant, Aleta Renee Souder, appeals her Sullivan County effective
incarcerative sentence of 18 months on her guilty-pleaded convictions for
possession of more than one-half ounce of marijuana for resale, a Class E
felony, two counts of possession of drug paraphernalia, a Class A misdemeanor,
and unlawful possession of a switchblade knife, a Class A misdemeanor. The
defendant had sought a probationary sentence or some form of alternative
sentencing, which the trial court rejected. Our review of the record discloses
no basis to disturb the trial court's sentencing decision, and we affirm the
judgments.
State vs. Cortez Hubbard -
W2004-01937-CCA-R3-CD View
Shelby County - The
Appellant, Cortez D. Hubbard, appeals the sentencing decision of the Shelby
County Criminal Court which resulted in the imposition of an effective
eight-year sentence of incarceration. On appeal, Hubbard challenges the trial
court's denial of alternative sentencing. After review of the record, we affirm
the judgment of the trial court.
State vs.
James Rimmer - W2004-02427-CCA-R3-PC View
Shelby County - The
petitioner, James Rimmer, appeals from the Shelby County Criminal Court's
denial of his petition seeking post-conviction relief on the ground of
ineffective assistance of counsel. After a thorough review of the issues and
applicable law, we affirm the judgment of the lower court.
State vs. Mandell Benton - W2002-02257-CCA-R3-CD
View
Shelby County -
The defendant, Mandel Benton, who was originally charged with statutory rape,
was convicted of attempted statutory rape. The trial court imposed a sentence
of one hundred and eighty days to be served in the county jail. In this appeal,
the defendant asserts that the evidence is insufficient to support the
conviction. The judgment is affirmed.
State vs. Kevin Smith - W2004-02225-CCA-R3-CD
View
Madison County -
The defendant, Kevin Smith, was convicted of two counts of spousal rape and one
count of aggravated assault, both Class C felonies. After merging the
aggravated assault conviction with one of the spousal rape convictions, the
trial court sentenced the defendant as a Range I, standard offender to six
years for each rape conviction, to be served consecutively, for an effective
sentence of twelve years. The issues on appeal are whether the trial court
properly concluded that the defense would open the door for the victim to
testify about the defendant's prior bad acts if asked why she did not resist
the assault and whether the trial court properly sentenced the defendant.
Following our review, we affirm the trial court's judgments.
Chad James Powell vs. State -
E2004-02694-CCA-R3-CO View
Sullivan County - On
June 23, 2000, a judgment by default was entered against the Appellant, Chad J.
Powell, by the Sullivan County Criminal Court declaring him to be a Motor
Vehicle Habitual Offender (MVHO). See Tenn. Code Ann. § 55-10-613(a)
(2003). In September 2004, Powell filed a motion to set aside the MVHO judgment
pursuant to Tenn. R. Civ. P. 60. As grounds for his motion, Powell alleged
various procedural errors including noncompliance with Tenn. R. Civ. P. 58.
Powell's motion to vacate the default judgment was denied by the trial court.
After review, we conclude that Powell's issues are without merit. Moreover, we
conclude that Powell's motion, which was filed in September of 2004, was not
within a "reasonable time," as required by Tenn. R. Civ. P. 60.02. Accordingly,
the judgment of the trial court is affirmed.
State vs. Thomas Allen Franks, II -
E2005-00292-CCA-R3-CD View
Knox
County - The defendant, Thomas Allen Franks, II, was convicted of
aggravated burglary, aggravated assault, evading arrest, and resisting arrest.
The trial court imposed consecutive sentences of ten years for aggravated
burglary and six years for aggravated assault. There were concurrent sentences
of eleven months and twenty-nine days each for misdemeanor evading arrest and
resisting arrest. The effective sentence is, therefore, sixteen years. In this
appeal as of right, the single issue presented for review is whether the trial
court erred by declining to grant a continuance or other relief when the state
filed notice of its intent to use impeaching convictions just before the
beginning of the trial. The judgments are affirmed.
James O. Martin vs. State -
E2004-01908-CCA-R3-PC View
Knox County - The
Appellant, James O. Martin, appeals the denial of his petition for
post-conviction relief by the Knox County Criminal Court. Martin is currently
serving a twenty-two year sentence as a result of his jury conviction for
aggravated arson. On appeal, Martin argues that the trial court erred "by
failing to grant post-conviction relief." Specifically, he argues that his
conviction was unlawfully obtained as a result of juror misconduct and bias of
the juror at his trial. After review of the record, the denial of
post-conviction relief is affirmed.
State
vs. Gary Lee Silcox - E2004-02420-CCA-R3-CD
View
Campbell County
- The Defendant, Gary Lee Silcox, was convicted of criminally negligent
homicide, aggravated assault, and theft of property valued over $1000. The
trial court sentenced the Defendant to an effective sentence of ten years. On
appeal, the Defendant contends that: (1) the evidence is insufficient to
sustain his conviction for criminally negligent homicide; and (2) the trial
court improperly ordered that the Defendant's sentences run consecutively.
Finding no reversible error, we affirm the judgments of the trial court.
Cases posted the week of 08/22/2005
James Edward Mitchell vs State -
M2005-00962-CCA-R3-PC View
Davidson County - The Defendant, James Edward Mitchell,
appeals from the order of the trial court dismissing his petition for
post-conviction relief as time-barred. The State has filed a motion requesting
that this Court affirm the judgment of the trial court pursuant to Rule 20 of
the Rules of the Court of Criminal Appeals. We grant the State’s motion
and affirm the judgment of the trial court.
State vs Jason J. Melton -
M2004-00714-CCA-R3-CD View
A
Cannon County Circuit Court jury convicted the appellant,
Jason J. Melton, of aggravated robbery, aggravated burglary, and escape, and
the trial court sentenced him to ten, six, and two years, respectively, in the
Department of Correction (DOC). The trial court ordered the appellant to serve
the ten-year and six-year sentences consecutively but ordered that he serve the
two-year sentence for escape concurrently to the other two sentences for an
effective sentence of sixteen years in the DOC. In this appeal, the appellant
claims (1) that the evidence is insufficient to support the convictions and (2)
that he should have been tried for the escape charge separately from the
remaining charges. Upon review of the record and the parties’ briefs, we
affirm the appellant’s convictions. However, because the sentence for
escape must be served consecutively to the other two sentences, we remand the
case for entry of a corrected judgment as to that offense.
State vs Christopher Lonnie Hudgins -
M2004-02131-CCA-R3-CD View
Davidson County - The State appeals the trial court’s
dismissal of its prosecution of the appellee, Christopher Lonnie Hudgins, for
driving under the influence of an intoxicant (DUI), second offense, and
violating the implied consent law. It contends the trial court erred by
concluding the appellee’s right to a speedy trial had been violated. Upon
review of the record and the parties’ briefs, we affirm the judgment of
the trial court as to the dismissal of the DUI charge. However, we reverse the
dismissal of the implied consent law violation and remand the case to the trial
court in order for it to make a determination as to whether the
appellant’s due process rights were violated.
State vs Calvin Lewis Hill -
M2004-02199-CCA-R3-CD View
A
Marshall County Circuit Court jury convicted the appellant of
burglary and theft over $500. The trial court sentenced him to concurrent
sentences of six years, ten months for the burglary conviction and three years
for the theft conviction. In this appeal, the appellant claims (1) that the
evidence is insufficient to support the convictions and (2) that the trial
court erred by refusing to allow a defense witness to testify and by refusing
to allow him to present extrinsic proof concerning the witness’ prior
inconsistent statement. Upon review of the record and the parties’
briefs, we affirm the judgments of the trial court.
State vs Senad Toporan -
M2004-00561-CCA-R3-CD View
Davidson County - The defendant, Senad Toporan, was indicted
on two counts for: (1) felony first degree murder during the perpetration of
aggravated child abuse; and (2) aggravated child abuse (a Class A felony). The
defendant was convicted as charged by a jury and sentenced to life imprisonment
for the felony murder conviction and to twenty-five years for the aggravated
child abuse, to be served consecutively. The defendant’s motion for new
trial was filed untimely but was heard and denied. The defendant now appeals,
asserting that: (1) the evidence was insufficient to support the convictions
beyond a reasonable doubt, and (2) the trial court erred in allowing testimony
of domestic assault by the defendant in contravention of Tennessee Rule of
Evidence 404. After careful review, we conclude that the evidence was
sufficient to support the defendant’s convictions. The defendant, by his
untimely filing of the motion for new trial, has waived the issue on evidence
admitted in alleged contravention of Tennessee Rule of Evidence 404. We affirm
the convictions.
State vs Cayle Wayne
Harris - M2004-00049-CCA-R3-CD View
Giles County -
The defendant, Cayle Wayne Harris, was convicted of three counts of rape of a
child, a Class A felony, involving two victims, and received an effective
sentence of forty-two years in the Department of Correction. In this delayed
appeal, he asserts the trial court erred by (1) not severing each of the three
counts; (2) seating a disqualified juror; and (3) not requiring the State to
elect offenses. Finding merit in the defendant’s severance argument, we
reverse and remand for new trials.
State
vs. Gregory Mullins - E2004-02314-CCA-R3-CD
View
(Dissent) - View
Sullivan County -
The defendant, Gregory Mullins, was convicted of two counts of violating the
vehicle registration law, two counts of driving on a suspended license, two
counts of criminal impersonation, one count of speeding, one count of
misdemeanor evading arrest, and one count of felony evading arrest. The trial
court imposed a Range III, career offender sentence of six years for the felony
evading arrest offense; concurrent terms of forty-five days for each of the
driving on a suspended license offenses; eleven months, twenty-nine days for
the misdemeanor evading arrest offense; and forty-five days for each of the
criminal impersonation offenses. In addition, the defendant was fined $50 for
each of the vehicle registration offenses; $50 for the speeding offense; $500
for each of the driving on a suspended license offenses; $3,000 for the felony
evading arrest offense; $2,500 for the misdemeanor evading arrest offense; $500
for one of the impersonation offenses; and $250 for the remaining impersonation
offense. In this appeal, the defendant asserts that the evidence is not
sufficient to support several of his convictions and that the dual convictions
for misdemeanor evading arrest and felony evading arrest violate principles of
double jeopardy. Because the convictions for felony and misdemeanor evading
arrest violate the principles of double jeopardy, the conviction for
misdemeanor evading arrest must be merged into the conviction for felony
evading arrest. Otherwise, the judgment of the trial court is affirmed.
State vs. John Dillihunt -
E2004-02691-CCA-R3-CD View
Sullivan County - The defendant, John Dillihunt, was convicted
of delivery of less than .5 grams of cocaine within 1000 feet of a school, a
Class B felony, for which he was sentenced as a Range I, standard offender, to
eight years in the Department of Correction to be served at 100% and fined
$7500. On appeal, although the defendant raises four issues, we believe they
can be condensed into one: whether the evidence was sufficient to support his
conviction. Following our review, we affirm the judgment of the trial court but
remand for entry of a corrected judgment.
State vs. Reginald Baldon vs. State -
W2004-01575-CCA-R3-PC View
Lauderdale County - The petitioner challenges the denial of
his post-conviction petition, which asserted various instances of ineffective
assistance of counsel. Upon review, we conclude that the evidence does not
preponderate against the post-conviction court's findings; therefore, we
affirm.
C.S.O. Norvell vs. State
- W2004-02580-CCA-R3-HC View
Tipton County - Petitioner, C.S.O. Norvell, Jr., filed a
petition for writ of habeas corpus, attacking his conviction for second degree
murder in the Tipton County Circuit Court. The petition was summarily dismissed
by the trial court without an evidentiary hearing. Petitioner has appealed,
arguing that his conviction is void because he received an illegal sentence.
After a thorough review, we affirm the judgment of the trial court.
Wilson Tucker vs. State -
W2004-02969-CCA-R3-HC View
Hardeman County - The petitioner, Wilson H. Tucker, filed a
petition for writ of habeas corpus in the Hardeman County Circuit Court. 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 habeas corpus court.
Lloyd Williams vs. State -
W2005-00050-CCA-R3-CO View
Lake County - Petitioner, Lloyd Earl Williams, filed his
second petition for writ of habeas corpus relief in the Lake County Circuit
Court, attacking judgments of conviction entered against him in the Washington
County Criminal Court. In 1993, Petitioner was convicted and sentenced in
abstentia, following a jury trial, of sale of cocaine, one count of possession
of cocaine with intent to sell, and one count of conspiracy to sell cocaine,
with an effective sentence of fifty-four (54) years. He was taken into custody
in 2001. A petition for post-conviction relief was dismissed for not being
filed within the applicable statute of limitations. His first petition for writ
of habeas corpus attacked the convictions based upon his being tried and
sentenced in abstentia. Dismissal of that petition was affirmed on appeal. See
Lloyd Earl Williams v. State, No. W2003-02348-CCA-R3-HC, 2004 WL 948370 (Tenn.
Crim. App., at Jackson, April 29, 2004), perm. to appeal denied (Tenn.
September 2, 2004). In this second petition for habeas corpus relief,
Petitioner alleges that he is entitled to habeas corpus relief because the
sentences were imposed, both as to length and consecutive service, by a judge
and not the jury in violation of Blakely v. Washington, 542 U.S. 296, 125 S.
Ct. 2531, 159 L. Ed. 2d 403 (2004) and Apprendi v. New Jersey, 530 U.S. 466,
120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000). The trial court summarily dismissed
the petition without an evidentiary hearing. Upon review, we affirm the
judgment of the trial court.
State vs.
Earnest Humphrey - M2003-01489-CCA-R3-CD View
(Concur) - View
White County - The
appellant, Earnest Gwen Humphrey, was convicted by a jury in the White County
Criminal Court of second degree murder. The trial court imposed a sentence of
twenty-two years incarceration in the Tennessee Department of Correction. On
appeal, the appellant raises multiple issues for our review, including
challenges to the voir dire of the jury, the sufficiency of the evidence,
prosecutorial misconduct, and the jury instructions. Upon our review of the
record and the parties' briefs, we affirm the judgment of the trial court.
State vs. Samuel Cravens -
M2004-01710-CCA-R3-CD View
Fentress County - The defendant, Samuel T. Cravens, was
convicted by a Fentress County jury of two counts of vehicular assault and one
count of assault. The defendant argues on appeal that the evidence fails to
support the convictions because the witness testimony upon which the
convictions are based is inherently impossible and irreconcilable with the
physical evidence and because the state failed to prove that the defendant's
intoxication was the proximate cause of the victims' injuries. After thoroughly
reviewing the record and applicable authorities, we find sufficient evidence to
support the convictions and, therefore, affirm the trial court's judgments.
State vs. Larry Dale Driver -
M2004-02569-CCA-R3-CD View
The
Robertson County Circuit Court convicted the defendant, Larry Dale
Driver, of assault, a Class A misdemeanor, following a bench trial. The trial
court imposed a sentence of eleven months, twenty-nine days, with probation
following 180 days in jail. On appeal, the defendant contends that the evidence
was insufficient to support his conviction and that the trial court erred by
denying him judicial diversion. We affirm the trial court.
State vs. Lawrence Ralph, Sr. -
M2004-02293-CCA-R3-CD View
Warren County - Following a jury trial, Defendant, Lawrence
Ralph, Sr., was convicted of failure to display a driver's license, a Class C
misdemeanor; resisting arrest, a Class B misdemeanor; and simple possession of
a Schedule III controlled substance, a Class A misdemeanor. The trial court
sentenced Defendant to concurrent terms of thirty days for his failure to
display a driver's license conviction, six months for his resisting arrest
conviction, and eleven months, twenty-nine days for his simple possession
conviction, for an effective sentence of eleven months and twenty-nine days.
The trial court suspended all but 120 days of Defendant's effective sentence,
and placed Defendant on probation. Defendant does not challenge the sufficiency
of the evidence supporting his conviction for simple possession. On appeal,
Defendant argues that: (1) the trial court erred in denying his motion to
suppress; (2) the evidence was insufficient to support his convictions for
resisting arrest and failure to display a driver's license; and (3) the trial
court erred in determining the percentage of Defendant's effective sentence
which must be served in confinement. After a review of the record, we affirm
the judgments of the trial court.
Willie
L. Hicks, Jr. vs. State - E2004-02921-CCA-R3-HC
View
Sullivan County -
The petitioner, Willie L. Hicks, appeals from the trial court's order
dismissing his petition for writ of habeas corpus. The state has filed a motion
requesting that this court affirm the trial court's denial of relief pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has
failed to establish that he is entitled to habeas corpus relief. Accordingly,
the state's motion is granted and the judgment of the trial court is affirmed.
State vs. Marlon Avery Bussell -
E2004-01239-CCA-R3-CD View
Knox County - Defendant, Marlon Avery Bussell, was indicted
for first degree felony murder in count one, and for attempted especially
aggravated robbery in count two. Following a jury trial, Defendant was found
guilty of the lesser included offense of criminally negligent homicide, a Class
E felony, in count one, and of the lesser included offense of attempted
robbery, a Class D felony, in count two. The trial court sentenced Defendant as
a Range I, standard offender to two years for his criminally negligent homicide
conviction and four years for his attempted robbery conviction, and ordered the
sentences to be served concurrently. The trial court denied Defendant's request
that he be granted alternative sentencing, and ordered Defendant to serve his
sentences in confinement. On appeal, Defendant challenges the length of his
sentences and the trial court's denial of alternative sentencing. He does not
challenge the sufficiency of the convicting evidence. Following a thorough
review of the record, we affirm the judgments of the trial court.
State vs. Roger Gene Davis -
E2004-02673-CCA-R3-CD View
Knox County - The defendant, Roger Gene Davis, stands
convicted of aggravated assault and robbery, for which he was ordered to serve
an effective six-year sentence. Aggrieved of his convictions and sentences, the
defendant brings this instant appeal challenging the sufficiency of the
evidence to support his convictions and the trial court's imposition of
consecutive sentences. After reviewing the record, we affirm the judgments of
the lower court.
State vs. Jessie
Tharpe - W2005-00224-CCA-R3-CD View
Henry County - The Appellant, Jessie Levent Tharpe, was
convicted by a Henry County jury of evading arrest, possession of drug
paraphernalia, and Class B felony possession of cocaine. He was subsequently
sentenced to an effective eight-year sentence, which was suspended upon
conditions of probation. On appeal, Tharpe raises the single issue of
sufficiency of the evidence. Specifically, Tharpe challenges his convictions
based upon inconsistencies in the testimony of the State's witnesses. After
review of the evidence presented, we find the evidence sufficient and affirm
the judgments of conviction.
State vs.
George Wade - W2004-00214-CCA-R3-PC View
Obion County - The
petitioner challenges the denial of his post-conviction petition, in which he
contended, inter alia, that counsel was ineffective in failing to object to the
composition of the jury pool. Upon review, we conclude that the petitioner
failed to demonstrate that the venire was violative of his Sixth Amendment
rights. As such, he has likewise failed to prove that counsel's failure to
object to the venire amounted to deficient performance or resulted in prejudice
to him. We affirm the judgment of the post-conviction court.
State vs. Timothy Lloyd - M2005-00184-CCA-R3-CD
View
Putnam County -
This is a direct appeal from a conviction on a jury verdict of driving under
the influence of an intoxicant (DUI), third offense, a Class A misdemeanor. The
trial court sentenced the Defendant, Timothy Lloyd, to eleven months and
twenty-nine days, with 120 days to be served in the county jail. The Defendant
now appeals, contending that the evidence submitted at trial was insufficient
to support his DUI conviction. We affirm the judgment of the trial court.
State vs. Charles E. Robinson -
M2004-01163-CCA-R3-CD View
Williamson County - The defendant, Charles E. Robinson, stands
convicted of possession of a handgun by a convicted felon, see Tenn. Code Ann.
§ 39-17-1307(b)(1)(B) (2003), for which he received a three-year sentence.
The defendant now brings this direct appeal of his conviction, alleging that
the evidence is insufficient to support his conviction, that the trial court
erred by allowing the state to introduce evidence that he is a convicted felon,
and that he was denied a fair trial by the false testimony of a prosecution
witness and by statements made by the prosecution during closing arguments that
are tantamount to prosecutorial misconduct. After reviewing the record and
applicable law, we affirm the judgment of the lower court.
State vs. Morgan Roa - M2004-02560-CCA-R3-CD
View
Davidson County -
The defendant, Morgan Roa, pled guilty pursuant to a plea agreement in the
Davidson County Criminal Court to aggravated assault, a Class C felony. The
defendant was sentenced as a Range I, standard offender to six years with the
trial court to determine the manner of service of the sentence. After a
sentencing hearing, the trial court ordered that the defendant serve his
sentence in confinement. The defendant appeals, claiming that the trial court
erred in denying him alternative sentencing. We affirm the judgment of the
trial court.
Felix Tyrone Smith vs.
State - M2004-02098-CCA-R3-CD View
Davidson County - Defendant, Felix Tyrone Smith, pled guilty
to one count of aggravated assault and one count of possession of more than 0.5
grams of cocaine with intent to sell. Defendant was sentenced to an effective
eight-year sentence on supervised probation. In 2002, Defendant was found to be
in violation of the conditions of his probation but the trial court reinstated
Defendant's probation. Approximately two years later, after the filing of
another probation violation warrant, the trial court revoked Defendant's
probation and ordered Defendant to serve the original eight-year sentence in
confinement. On appeal, Defendant argues that the trial court erred by relying
on evidence not included in the record when revoking Defendant's probation.
After a thorough review of the record, we affirm the judgment of the trial
court.
Thomas Braden vs. State -
M2004-01381-CCA-R3-HC View
(Dissent) - View
Davidson County -
The petitioner appeals the denial of his habeas petition, contending that the
judgments reflect thirty percent release eligibility rather than the
statutorily mandated one hundred percent service required of multiple rapists.
Because the petitioner was convicted by a jury, as opposed to pleading guilty,
we conclude that the trial court was required to impose the one hundred percent
service requirement. Therefore, the trial court's failure to properly mark the
judgments does not render the judgments void but should be amended as a
clerical error, pursuant to Tennessee Rule of Criminal Procedure 36. We affirm
the denial of habeas relief.
State vs.
Martez Towen Fitts - M2005-00164-CCA-R3-CD View
Sumner County - The
defendant, Martez Towen Fitts, pled guilty to sale of cocaine over .5 grams and
was sentenced as a Range I, standard offender to eight years, all suspended
except for forty-eight hours and the balance to be served on probation, with
the first six months on intensive probation. Additionally, he was ordered to
comply with alcohol and drug assessment programs, obtain his GED, and pay a
$2000 fine. The trial court subsequently revoked the defendant's probation, and
he appealed. Following our review, we affirm the judgment of the trial
court.
Calvin O. Tankesly vs. State
- M2004-01440-CCA-R3-CO View
Davidson County - The petitioner, Calvin O. Tankesly, appeals
the denial of his petition for writ of error coram nobis, arguing that the
trial court should have granted him relief on the basis of newly discovered
evidence allegedly showing that extraneous prejudicial information was imparted
to the jury at his trial. Following our review, we affirm the order of the
trial court denying the petition.
State vs. Brian Eric McGowen,a.k..a. Brad Lee
O'Ryan - M2004-00109-CCA-R3-CD View
Davidson County -
The appellant, Brian Eric McGowen, a.k.a. Brad Lee O'Ryan, was convicted by a
jury in the Davidson County Criminal Court of first degree felony murder,
especially aggravated robbery, and attempted especially aggravated robbery. The
trial court sentenced the appellant to life imprisonment in the Tennessee
Department of Correction for his murder conviction, to forty years
incarceration for his especially aggravated robbery conviction, and to twenty
years incarceration for his attempted especially aggravated robbery conviction.
On appeal, the appellant raises numerous issues for our review, including the
sufficiency of the evidence supporting his convictions, evidentiary issues,
jury instructions, and sentencing. Upon our review of the record, we merge the
appellant's conviction for attempted especially aggravated robbery into his
conviction for especially aggravated robbery. We affirm the judgments of the
trial court in all other respects.
State vs. Michelle Tipton -
E2004-01278-CCA-R3-CD View
Sevier County - The Appellant, Michelle Tipton, was convicted
by a Sevier County jury of the first degree felony murder and second degree
murder of Pamela Hale. The trial court merged the second degree murder
conviction with her first degree felony murder conviction, resulting in a
sentence of life imprisonment. On appeal, Tipton raises the following issues
for our review: (1) whether the evidence was sufficient to support the
verdicts; (2) whether the District Attorney General's office should have been
disqualified from prosecuting the case based upon Appellant's co-counsel's
subsequent employment with the State; (3) whether the testimony of two
witnesses should have been excluded due to disclosure violations; (4) whether
the trial court abused its discretion in admitting into evidence certain
photographs of the deceased and a portion of the deceased's skull; (5) whether
the State's closing argument was proper; (6) whether the trial court erred in
admitting her co-defendant's statement; and (7) whether the trial court should
have instructed the jury with regard to parole eligibility. After a review of
the record, we reverse Tipton's conviction for second degree murder based on
the trial court's failure to instruct the jury concerning the natural and
probable consequences rule. However, a review of the issues raised on appeal
reveals no error. Accordingly, Tipton's conviction and sentence for first
degree felony murder are affirmed.
State
vs. Jonathan Taylor - E2004-02866-CCA-R10-CD
View
Anderson County
- As a result of the shooting death of his wife, the Anderson County Grand Jury
indicted the Defendant, Jonathan Ray Taylor, for second degree murder and
reckless homicide. A plea agreement was reached in which the second degree
murder count would be dismissed and the Defendant would plead guilty to
reckless homicide and receive a two year sentence. The trial court rejected
this plea agreement. The State then attempted to nolle prosequi the second
degree murder charge, and the trial court refused to allow the nolle prosequi.
We granted the Defendant's application for interlocutory appeal to address
whether the trial court erred: (1) when it rejected the proposed plea
agreement; (2) when it denied the State's request to enter a nolle prosequi on
the charge of second degree murder; and (3) when it refused to recuse itself.
Finding that there exists no reversible error, we affirm the judgment of the
trial court.
State vs. Justin Bruce -
E2004-02325-CCA-R3-CD View
Anderson County - Before the court is an appeal by the
State as of right pursuant to Rule 3(c) of the Tennessee Rules of Appellate
Procedure. The defendant, Justin Paul Bruce, moved to suppress evidence seized
during a search of his automobile. The trial judge concluded that the evidence
had been illegally seized and granted the motion to suppress. We affirm the
judgment of the trial court and remand this case for further proceedings.
State vs. Larry Walcott -
E2004-02705-CCA-R3-CD View
Rhea County - The Defendant, Larry Walcott, was convicted by a
jury of aggravated assault. The trial court sentenced the Defendant as a Range
I, standard offender to five and one-half years in the Tennessee Department of
Correction. In this appeal as of right, the Defendant raises four issues: 1)
whether the trial court erred in refusing to recuse itself; 2) whether the
trial court erred in refusing to sequester the jury; 3) whether the evidence is
sufficient to support his conviction; and 4) whether the trial court erred in
ordering the Defendant to serve his sentence in confinement. Finding no
reversible error in the issues raised by the Defendant, we affirm the judgment
of the trial court.
State vs. Jeremiah E.
Hayes - E2005-00196-CCA-R9-CD View
Rhea County - The State has appealed to this Court pursuant to
Rule 9 of the Tennessee Rules of Appellate Procedure from an interlocutory
order of the trial court suppressing evidence resulting from a search and
seizure. The question presented for our review is whether the defendant had
standing to contest the search of an outbuilding located on property near his
premises. Upon review of the record, we affirm the trial court's findings that
the defendant had a reasonable expectation of privacy in the outbuilding but
not in the area surrounding the outbuilding.
State vs. Larry Vaughn - E2004-03013-CCA-R3-CD
View
Hamilton County
- The defendant, Larry Vaughn, alias Demertruis Moore, appeals the revocation
of his community corrections sentence by the Hamilton County Criminal Court. He
argues that the record does not contain sufficient evidence to support the
revocation. We affirm the judgment of the trial court.
Leroy Hall, Jr. vs. State - E2004-01635-CCA-R3-PD
View
Hamilton County -
In 1992, a jury convicted the Petitioner, Leroy Hall, Jr., of first degree
premeditated murder and aggravated arson, and it sentenced him to death for the
first degree murder conviction. The trial court imposed a consecutive
twenty-five year sentence for the aggravated arson conviction. On direct
appeal, the Tennessee Supreme Court affirmed the Petitioner's convictions and
sentences. See State v. Hall, 958 S.W.2d 679 (Tenn. 1997), cert. denied, 524
U.S. 941 (1998). The Petitioner filed a pro se petition for post-conviction
relief, which was subsequently amended by appointed counsel. After an
evidentiary hearing, the post-conviction court dismissed the petition. The
Petitioner appeals that judgment, contending that: (1) his trial counsel
rendered ineffective assi