The following Opinions are available for download:
Cases posted the week of 03/27/2006
State vs. Joanne Gelene Irwin, Alias - E2005-00908-CCA-R3-CD View
Knox County - The defendant, Joanne Gelene Irwin, was convicted of two counts of simple assault, Class A misdemeanors. See Tenn. Code Ann. § 39-13-101 (1997). After merging the two counts of simple assault, the trial court imposed a sentence of eleven months and twenty-nine days and ordered thirty days of confinement. The defendant was fined $1,000. Judicial diversion was denied. In this appeal of right, the defendant argues that she should have been permitted to introduce evidence of the juvenile record of the victim for impeachment purposes under Rule 609 of the Tennessee Rules of Evidence; that the trial court submitted erroneous instructions to the jury; that the trial court imposed an excessive sentence; and that the trial court abused its discretion by denying judicial diversion. The judgment of the trial court is affirmed.
State vs. Michael W. Belcher - E2005-00532-CCA-R3-CD View
Sullivan County- The defendant, Michael W. Belcher, was convicted by a Sullivan County jury of two counts of aggravated assault by reckless conduct, for which he received an effective 24-year sentence as a career offender. Aggrieved of his convictions, the defendant brings the instant appeal challenging the sufficiency of the evidence to support his two convictions. After a thorough review of the record and applicable law, we hold that the evidence is sufficient to support the convictions and accordingly affirm the judgments of the lower court.
State vs. Joe Shelton - M2005-01132-CCA-R3-CD View
Giiles County - The defendant, Joe Michael Shelton, appeals the Giles County Circuit Court’s order revoking his probation and denying his motion for a reduced sentence. On appeal, the defendant claims (1) that the trial court abused its discretion in revoking his probation and ordering him to serve his sentence in confinement, (2) that the trial court erred in not considering alternative sentencing, and (3) that he was denied his right to due process because the trial court did not rule on his motion to rehear addressing prosecutorial bias. We affirm the judgment of the trial court.
Ronald Gilmore vs.State- M2005-01235-CCA-R3-HC View
Davidson County - The petitioner, Ronald Eugene Gilmore, appeals the trial court's dismissal of his petition for habeas corpus relief. In this appeal, he alleges that (1) his judgment of conviction for assault with intent to commit murder is void because the indictment was defective; (2) the state failed to disclose exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (3) the trial court erred by failing to properly instruct the jury; and (4) the trial court erred by not appointing counsel. The judgment of the trial court is affirmed.
State vs. Cornelius Marshall - W2005-01170-CCA-R3-PC View
Fayette County - The petitioner, Cornelius Marshall, appeals the Fayette County Circuit Court’s denial of his petition for post-conviction relief from two counts of attempted first degree murder, one count of facilitation to commit aggravated arson, and resulting effective twenty-five-year sentence. He contends that he received the ineffective assistance of counsel and that he did not plead guilty knowingly, intelligently, and voluntarily. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Javier Soto-Hurtado - W2005-01779-CCA-R3-PC View
Henry County - The petitioner, Javier Soto-Hurtado, has filed a pro se appeal of the post-conviction court's refusal to reopen an earlier post-conviction petition which had been dismissed. He claims that he is entitled to relief based upon the ruling in Blakely v. Washington, 542 U.S. 296 (2004). The judgment is affirmed and the appeal dismissed.
State vs. Joseph Jackson - W2005-01181-CCA-R3-PC View
Shelby County - The petitioner, Joseph Jackson, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief from his convictions for two counts of attempted first degree murder and resulting twenty-year concurrent sentences. On appeal, the defendant claims that his convictions violate the Double Jeopardy provision of the federal constitution, that his indictments were constitutionally defective, and that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.
State vs. Clarice Perkins - W2005-01643-CCA-R3-CD View
Madison County - This is an appeal from the order of the trial court denying the Defendant’s motion to withdraw guilty pleas and motion to dismiss all charges. The Defendant, Clarice Perkins, was convicted of two counts of aggravated assault pursuant to entry of guilty pleas. She received an effective eight-year sentence to be served on probation. After sentencing, but before the judgments became final, the Defendant filed pro se motions to withdraw her guilty pleas and to dismiss all charges. After conducting an evidentiary hearing, the trial court denied both motions. On appeal, the Defendant raises two issues: the trial court erred in denying (1) the Defendant’s motion to withdraw her guilty pleas, and (2) the Defendant’s motion to dismiss all charges. We affirm the judgment of the trial court.
State vs. David Alan Gold - M2005-00186-CCA-R3-CD View
Davidson County - On November 19, 2004, the Appellant, David Alan Gold, pled guilty in the Davidson County Criminal Court to one count of accessory after the fact, a Class E felony, and was sentenced as provided by the terms of the plea agreement. On December 3, 2004, Gold filed a motion to withdraw his guilty plea upon grounds that his plea was entered under duress and that his plea was not knowing and voluntary. Additionally, Gold filed a motion to arrest judgment upon the ground that the criminal information failed to charge an offense. Following an evidentiary hearing, the trial court denied the motions. Finding no error in the trial court’s rulings, the judgment is affirmed.
State vs. Chester Gibson - M2005-01422-CCA-R3-CD View
Putnam County - The Defendant, Chester Dale Gibson, was found guilty of false imprisonment, especially aggravated kidnapping, and aggravated assault. The trial court sentenced the Defendant to an effective sentence of twenty years in prison. On appeal, the Defendant contends that: (1) the evidence is insufficient to prove that the victim suffered “serious bodily injury,” a necessary precursor to the jury finding him guilty of especially aggravated kidnapping and aggravated assault; and (2) the trial court erred by not merging his convictions for sentencing. We conclude that the Defendant’s conviction for false imprisonment should have merged into his conviction for especially aggravated kidnapping, and we therefore reverse that finding of the trial court. In all other respects, we affirm the judgments of the trial court.
State vs. James O. McCarson, Jr. - M2005-01094-CCA-R3-CD View
Humphries County - The Defendant, James O. McCarson, Jr., was convicted of one count of stalking, a Class A misdemeanor. The trial court sentenced the Defendant to eleven months and twenty-nine days, to be served on probation. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for stalking; and (2) the trial court erred when it denied him judicial diversion. Finding that there exists no reversible error, we affirm the judgment of the trial court.
State vs. Thomas Bradshaw - M2005-01232-CCA-R3-CD View
Davidson County - The Defendant, Thomas Earl Bradshaw, pled guilty to one count of aggravated burglary and one count of especially aggravated robbery, and the trial court sentenced him as a multiple offender to an effective sentence of thirty-six years imprisonment. The Defendant filed a motion to withdraw his guilty pleas, which the trial court denied. On appeal, the Defendant contends that the trial court erred when it denied his motion to withdraw his pleas. Finding that there exists no reversible error, we affirm the judgments of the trial court.
Cases posted the week of 03/20/2006
State vs. Laura Ann Peden - M2005-00983-CCA-R3-CD View
Marshall County - The Appellant, Laura Ann Peden, appeals the sentencing decision of the Marshall County Circuit Court. Peden pled guilty to nine counts of forgery and was sentenced, as a Range II, multiple offender, to an effective seven-year sentence. The length and manner of service of the sentences were submitted to the trial court for determination. Following a hearing, the court ordered that Peden’s sentences be served in the Department of Correction. On appeal, Peden argues that the trial court erred in denying an alternative sentence. After a review of the record, we affirm the decision of the trial court.
Manny T. Anderson vs. State - M2004-02116-CCA-R3-HC View
Wayne County - The Appellant, Manny T. Anderson, proceeding pro se, appeals the Wayne County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. In 1998, Anderson pled guilty to two counts of aggravated assault and to one count of aggravated kidnapping and was sentenced as provided by the terms of a plea agreement. Anderson alleges that in December 2003, the Davidson County Criminal Court, without his consent, amended his aggravated kidnapping conviction to reflect a conviction for attempted especially aggravated kidnapping. The State acknowledges the amended conviction, asserting, however, that even if Anderson’s allegations are true, they support only a voidable claim for which habeas corpus relief is not available. The trial court agreed and dismissed the petition. After review, we agree that Anderson is not entitled to habeas corpus relief; however, we conclude that Anderson’s petition presents a colorable claim for post-conviction relief. See T.C.A. § 40-30-105(c) (2003). Accordingly, the Circuit Court Clerk of Wayne County is directed to transfer the petition to the Davidson County Criminal Court for further proceedings as authorized by the Post-Conviction Procedure Act.
State vs. Ricky Northern - W2005-02165-CCA-R3-HC View
Hardeman County -The Petitioner, Ricky Northern,
appeals the lower court’s
denial of his petition for habeas corpus relief. The State
has filed a motion requesting that this Court affirm the
trial court pursuant to Rule 20, Rules of the Court of Criminal
Appeals. The Petitioner has failed to allege any ground that
would render the judgment of conviction void. Accordingly,
we affirm the trial court’s dismissal.
State vs. Darwin Theus - W2005-02204-CCA-R3-HC View
Lauderdale County -The Petitioner, Darwin Theus,
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. Petitioner has failed
to allege any ground that would render the judgments of conviction
void. Accordingly, we grant the State's motion and affirm the
judgment of the lower court.
State vs. Michael Bills - W2005-01107-CCA-R3-CD View
A Madison County Circuit Court jury convicted the defendant, Michael Bills, of one count of possession with the intent to sell one-half gram or more of cocaine, a Class B felony, and one count of possession with the intent to deliver one-half gram or more of cocaine, a Class B felony, and the trial court merged the defendant’s convictions and sentenced him as a Range II, multiple offender to sixteen years in the Department of Correction. The defendant appeals, claiming the evidence is insufficient. We affirm the judgment of the trial court.
State vs. Jasper Vick - W2005-00467-CCA-R3-CD View
Shelby County - Following a jury trial, Defendant was convicted of one count of especially aggravated kidnapping, a Class A felony, two counts of aggravated kidnapping, a Class B felony, and one count of sexual battery, a Class E felony. The trial court merged Defendant’s two convictions for aggravated kidnapping into his conviction for especially aggravating kidnapping. The trial court sentenced Defendant as a Range II, multiple offender, to thirty-six years for his especially aggravated kidnapping conviction and four years for his sexual battery conviction. The trial court ordered the sentences to be served consecutively, for an effective sentence of forty years. Defendant does not challenge the imposition of consecutive sentencing. In his appeal, Defendant argues (1) that the evidence is insufficient to support his convictions; (2) that the trial court erred in denying Defendant’s motion for a continuance; (3) that the trial court erred in classifying Defendant as a Range II multiple offender; and (4) that the trial erred in its application of enhancement factors. After a thorough review, we affirm Defendant’s convictions of especially aggravated kidnapping and sexual battery. However, we remand the case to the trial court for resentencing in accordance with this opinion.
State vs. Michael Burnette - E2005-00002-CCA-R3-CD View
Roane County - The Appellant, Michael Burnette,
was convicted by a Roane County jury of aggravated robbery
and sentenced to ten years in the Department of Correction.
On appeal, Burnette raises two issues for our review:
(1) whether the evidence is sufficient to support the
conviction; and (2) whether his sentence is excessive.
After review, the judgment of conviction and resulting
sentence are affirmed
State vs. Roger Alan Lawson - E2005-01388-CCA-R3-CD View
Sullivan County - The Appellant, Roger Alan
Lawson, appeals the sentencing decision of the Sullivan County
Criminal Court following the revocation of his suspended sentences.
While on supervised probation, a violation warrant was issued
alleging that Lawson had failed to obey the law by driving on
a revoked license. After a revocation hearing, Lawson was found
to be in violation of his probation, and his original effective
eight-year sentence to the Department of Correction was reinstated.
On appeal, Lawson argues that the trial court abused its discretion
by ordering confinement of the eight-year sentence instead of
reinstating his probation. After review, we find no error and
affirm the judgment of the trial court.
State vs. Johnny Mack Lamb - E2005-00809-CCA-R3-CD View
Knox County - The Appellant, Johnny Mack
Lamb, appeals the sentencing decision of the Knox County
Criminal Court which resulted in the imposition of an effective
four-year sentence of incarceration. On appeal, Lamb challenges
the trial court’s denial of alternative
sentencing. After review of the record, we affirm the judgments
of the trial court.
State vs. Everett J. Dennis - M2005-00178-CCA-R3-CD View
Marion County - The Appellant, Everett J.
Dennis, appeals his conviction by a Marion County jury
of driving a motor vehicle while his blood alcohol concentration
was .08% or more. See T.C.A. § 55-10-401(a)(2)
(2003). On appeal, he argues: (1) that the police stop of
his vehicle is not supported by “probable cause or
reasonable suspicion;” (2) that his sentence violates
Blakely v. Washington; and (3) that his conviction under
Tennessee Code Annotated section 55-10-401(a)(2), driving
under the influence per se, is unconstitutional because it
violates due process. After review, the conviction and sentence
are affirmed.
John C. Johnson vs. State -
M2004-02675-CCA-R3-CO View
Davidson County - The petitioner, John C.
Johnson, filed a petition for post-conviction relief and
a petition for a writ of error coram nobis. After an evidentiary
hearing, the post-conviction court denied the petition for
post-conviction relief. The petition for writ of error coram
nobis was dismissed without a full evidentiary hearing. In
this consolidated appeal, the petitioner challenges the post-conviction
court’s rulings
on both petitions. Upon our review of the record and the parties’ briefs,
we affirm the dismissal of the petition for a writ of error coram
nobis. However, we reverse the denial of post-conviction relief
and remand for a new trial.
State vs. Courtney Partin - E2004-02998-CCA-R3-CD View
A Campbell County Criminal Court jury convicted the defendant,
Courtney Partin, of one count of attempted first degree murder,
a Class A felony, and two counts of aggravated assault, a
Class C felony. The trial court merged one of the counts
of aggravated assault into the attempted first degree murder
count and sentenced the defendant to twenty-four years for
the attempted first degree murder and five years for the
aggravated assault to be served consecutively in the Department
of Correction for an effective sentence of twenty-nine years.
The defendant appeals, claiming that the trial court erred
in not granting his motion to suppress, that the trial court
erred in its instructions to the jury on lesser included
offenses, that his trial counsel was ineffective, and that
the trial court improperly sentenced him in violation of
Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004).
Concluding that no reversible error exists, we affirm the
judgments of the trial court.
State vs. Steve Allen Click - E2004-02655-CCA-R3-CD View
Blount County - The defendant, Steve Allen
Click, was convicted of three counts of aggravated rape and
one count of evading arrest. The trial court imposed consecutive
sentences of forty years for each aggravated rape and a concurrent
sentence of eleven months and twenty-nine days for evading
arrest. The effective sentence is, therefore, 120 years.
In this appeal, the defendant asserts (1) that the trial
court erred by failing to merge two of the aggravated
rape convictions; (2) that the evidence is insufficient
to support the convictions for aggravated rape; (3)
that the prosecutor's closing argument was improper;
and (4) that the trial court erred by imposing consecutive
sentences. The judgments of the trial court are affirmed.
State vs. Michael Bandy -
W2005-01977-CCA-R3-CD View
Tipton County - The defendant, Michael Forrest
Bandy, appeals his convictions of first degree felony murder
and aggravated child abuse, a Class A felony. The sole issue
on appeal is the sufficiency of the evidence. Upon review, we
conclude that the evidence is sufficient to support the convictions
and affirm the same.
State vs. Courtney Means -
W2005-00682-CCA-R3-CD View
Shelby County - Defendant, Courtney Means,
was convicted of three aggravated robberies and sentenced to
twelve years in each case, with two of the sentences to be served
consecutively. On appeal, he argues that the evidence is insufficient
to sustain the convictions; the trial court erred in allowing
the hearsay statement of a deceased victim to be admitted as
an excited utterance; and the court erred in sentencing. Following
our review, we affirm the judgments.
State vs. Janis Sue
Watson and Albert Eugene Brooks - E204-02145-CCA-R3-CD
View
Hamblen County - Janis Sue Watson
and Albert Eugene Brooks, the co-defendants, were
convicted of first degree premeditated murder and
conspiracy to commit first degree murder, a Class
A felony. Each co-defendant received concurrent sentences
of life in prison and twenty years, respectively. The co-defendants’ consolidated
appeals address both the convictions and sentences. Having found
no reversible error, the convictions and sentences of both co-defendants
are affirmed.
State vs. Albert Jones -
W2004-02554-CCA-R3-CD View
The defendant, Albert Jones, was convicted by a Shelby
County Criminal Court jury of first degree
premeditated murder and sentenced to life imprisonment.
In this direct appeal, he argues that the evidence was
insufficient to sustain a first degree murder conviction
and the trial court erred by denying his request for
a special jury instruction on the State’s
burden of proof. Finding no error, we affirm the judgment
of the trial court.
State vs. John W. Brewer,
III -
M2005-00302-CCA- R3-PC View
The petitioner, John W. Brewer, III, appeals from the Davidson
County Criminal Court’s dismissal of his petition
for post-conviction relief from his guilty plea to second
degree murder, a Class A felony, for which he received a
nineteen-year sentence. He contends that he received the
ineffective assistance of counsel, rendering his guilty plea
involuntary. We affirm the judgment of the trial court.
State vs. Rick Carl Davis -
M2004-00565-CCA-R3-CD View
White County - The defendant, Rick Carl
Davis, was convicted of aggravated assault, a Class C felony,
and fined $2,500. See Tenn. Code Ann. § 39-13-102
(1997). The trial court imposed a Range I sentence of six years
to be served in the Department of Correction and to be served
consecutively to a sentence for a prior probation violation. In
this appeal as of right, the defendant contends that the trial
court erred by (1) imposing an excessive sentence; (2) denying
alternative sentencing; and (3) ordering consecutive sentencing.
The judgment is affirmed.
State vs. Sabrina Renee Lewis -
M2004-02255-CCA-R3-CD View
Davidson County - The appellant, Sabrina Renee
Lewis, was indicted with a co-defendant on one count of first
degree felony murder and one count of especially aggravated robbery.
After a trial, the jury found the appellant guilty of criminally
negligent homicide and facilitation of attempted especially aggravated
robbery. As a result, the appellant was sentenced to six years
as a Range III persistent offender for criminally negligent homicide
and fifteen years as a Range III persistent offender for facilitation
of attempted especially aggravated robbery. The trial court ordered
the sentences to be served consecutively, for an effective sentence
of twenty-one years. After the denial of a motion for new trial,
the appellant seeks resolution of the following issues on appeal:
(1) whether the trial court properly admitted the appellant’s
video-taped statement into evidence; (2) whether the prosecutor’s
reference to an alibi during closing arguments was prejudicial
in light of the trial court’s
curative instruction; (3) whether the trial court properly admitted
the victim’s dying declaration into evidence; (4) whether
the trial court properly allowed an expert to testify about DNA
testing; and (5) whether the trial court properly sentenced the
appellant. For the following reasons, we affirm the judgment of
the trial court.
Patrick Thurmond vs. State -
M2005-00214-CCA-R3-PC View
The petitioner, Patrick Thurmond, appeals from the Davidson
County Criminal Court’s dismissal of his petition
for post-conviction relief from his convictions for two counts
of aggravated rape, one count of attempted aggravated rape,
one count of aggravated sexual battery, and one count of
aggravated burglary and effective sentence of fifty years.
He contends he received the ineffective assistance of counsel
because his attorney failed to remove prospective jurors
from the jury panel, failed to exclude physical evidence,
failed to object to hearsay testimony, failed to call an
alibi witness, and advised the petitioner not to testify.
We affirm the judgment of the trial court.
State vs. Ronald E. Wade -
M2004-02888-CCA-R3-CD View
Davidson County - Following a jury trial,
Defendant, Ronald E. Wade, was convicted of one count of
facilitation of possession of over twenty-six (26) grams
of cocaine for sale, a Class C felony, one count of facilitation
of possession of over one and one-half ounces of marijuana
for sale, a Class A misdemeanor, and one count of facilitation
of possession of a weapon in commission of an offense, also
a Class A misdemeanor. Defendant received a sentence of four
years for the felony conviction, suspended after thirty days
incarceration, with four years of probation, and a one thousand
dollar fine. He received a suspended sentence of eleven months
and twenty-nine days, to be served on probation, for each
misdemeanor conviction. All sentences were ordered to be
served concurrently with each other. On appeal, Defendant
argues that the trial court erred in denying his motion to
suppress all evidence obtained pursuant to a warrant authorizing
a search of his house. We affirm the judgment of the trial
court.
Craig Lamont Beene vs. State -
M2005-01322-CCA-R3-PC View
Dickson County - This is an appeal from the denial
of post-conviction relief. The petitioner, Craig Lamont Beene, pled
guilty to and was convicted of attempted first-degree murder, especially
aggravated kidnapping, and aggravated assault. Pursuant to a plea agreement,
the petitioner was sentenced to seventeen years imprisonment. The
petitioner filed for and was denied post-conviction relief. The petitioner
now appeals the trial court’s order denying
post-conviction relief, claiming his trial counsel provided ineffective
assistance of counsel which resulted in unknowing and involuntary guilty
pleas. We affirm the judgment of the trial court.
Craig Robert Nunn vs. State - M2005-01404-CCA-R3-PC View
Davidson County - The petitioner, Craig Robert Nunn,
pled guilty to four counts of aggravated sexual battery with a victim
less than thirteen years of age, and, in accordance with a plea agreement,
the petitioner was sentenced to twelve years for each conviction,
to run concurrently. Subsequently, the petitioner filed a petition
for post-conviction relief, which the trial court dismissed as time
barred. On appeal, the petitioner contends that the trial court erred
when it dismissed his petition for post-conviction relief finding that
it was time-barred by the statute of limitations. We agree that the
petitioner filed his petition after the statute of limitations had
run; however, because the petitioner may have been deprived by his
counsel of a reasonable opportunity to seek post-conviction relief,
due process considerations may have tolled the limitations period.
Because the record needs further development for this Court to decide
this issue, we remand the case to the trial court for a further evidentiary
hearing to determine the circumstances surrounding the petitioner’s
untimely filing of his post-conviction petition.
Michael Wayne Perry vs. State -
M2005-01669-CCA-R3-PC View
Wilson County - The petitioner, Michael Wayne Perry,
appeals from the denial of his petition for post-conviction relief.
On appeal, he alleges both prosecutorial misconduct and ineffective
assistance of counsel arising from the failure of the prosecutor and
trial counsel to correct numerous instances of false testimony during
his suppression hearing and at trial. Following our review of the record
and the parties’ briefs, we affirm the
judgment of the post-conviction court denying post-conviction relief.
State vs. Pamela Sue King -
M2005-00530-CCA-R3-PC View
Davidson County - The petitioner, Pamela Sue King,
appeals from the denial of her petition for post-conviction relief.
On appeal, she contends that she was denied the effective assistance
of trial counsel. Following our review of the record and the parties’ briefs,
we affirm the judgment of the post-conviction court denying post-conviction
relief.
State vs. Alfonzo Waters -
M2004-02807-CCA-R3-CD View
The defendant, Alfonzo Waters, Jr., was convicted of first-degree murder
by a Davidson County jury and sentenced to life imprisonment.
On appeal, he argues that the trial court erred in allowing the state
to present evidence that the victim was wearing “red” or “red
shoelaces.” Following our review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
Cases posted the week of 03/13/2006
State, ex rel. Dana Smith v. John Ford - W2005-00564-COA-R3-CV View
Shelby County - The trial court awarded Petitioner child support for one child in accordance with the child support guidelines. Respondent appeals, asserting the trial court erred by failing to deviate from the child support guidelines. We affirm.
State vs. Ricky Lynn Norwood - E2005-00704-CCA-R10-CD View
Knox County - This state appeal, initially
filed as a Tennessee Rule of Appellate Procedure 3 appeal,
is deemed by this court an interlocutory appeal pursuant
to Tennessee Rule of Appellate Procedure 10. The state seeks
review of the Knox County Criminal Court’s determination that, in the on-going driving under the influence (DUI) prosecution of the defendant, Ricky Lynn Norwood, a 1997 DUI conviction may not be used to enhance punishment. Because the record and the applicable law support the trial court’s
ruling, we affirm the order.
State vs. Jon Engle - W2005-01087-CCA-R3-CD
View
Chester County - Defendant, Jon A. Engle, was convicted of DUI and sentenced to eleven months and twenty-nine days, with all but ten days suspended, and a fine of $1,500 and costs. He appealed, arguing that the arresting officers did not have reasonable suspicion to stop his vehicle. However, Defendant filed neither a motion to suppress the stop in the trial court nor a motion for new trial. Accordingly, we conclude that this issue is waived and affirm the judgment of the trial court.
State vs. Shon Pierce - W2005-01493-CCA-R3-PC
View
Dyer County - The petitioner, Shon Maurice
Pierce, appeals the Dyer County Circuit Court’s denial of his petition for post-conviction relief for second degree murder and resulting twenty-year sentence. He contends that he received the ineffective assistance of counsel because his trial attorney allowed him to plead guilty before the trial court held a hearing on his motion to suppress his confession. Upon review of the record and the parties’ briefs,
we affirm the judgment of the post-conviction court.
State vs. Johnny Burroughs - M2005-00900-CCA-R3-CD View
Dickson County - The appellant, Johnny M.
Burroughs, was indicted in July of 2003 by the Dickson County
Grand Jury along with two other co-defendants on charges
of first degree murder, conspiracy to commit first degree
murder, especially aggravated robbery, conspiracy to commit
especially aggravated robbery, theft of property over one
thousand dollars and conspiracy to commit theft of property.
At the conclusion of the State’s proof, the State elected not to proceed on the charges of conspiracy to commit especially aggravated robbery and conspiracy to commit theft. As a result, the trial court granted a motion for judgment of acquittal on those charges. The jury subsequently returned a verdict of guilt for felony murder, especially aggravated robbery and theft of property over one thousand dollars. The jury sentenced the appellant to life in prison for the felony murder. The trial court sentenced the appellant to twenty years for the especially aggravated robbery conviction and two years for the theft of property conviction, to be served concurrently to the appellant’s life sentence. The appellant filed a motion for new trial, which the trial court denied. On appeal, the appellant argues that the evidence was insufficient to support the felony murder and especially aggravated robbery convictions and that double jeopardy prohibits the appellant’s
conviction for especially aggravated robbery after the trial
court granted the judgment of acquittal on the charge of
conspiracy to commit especially aggravated robbery. For the
following reasons, we affirm the judgment of the trial court.
Thaddeus Daniel Vs. State - M2005-02522-CCA-R3-PC 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, 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 Tennessee’s habeas corpus statute and certain provisions of the Tennessee Constitution violate the ex post facto prohibition of the United States Constitution. 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 without a hearing 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. Sharfyne White - M2004-03071-CCA-R3-CD View
Montgomery County - The defendant pled guilty
to four counts of aggravated robbery and two counts of vehicular
homicide by creating a substantial risk of death or serious
bodily injury. The trial court sentenced the defendant to
an effective sentence of thirty-three years as a Range I
offender. Case numbers 549 and 550 involved two aggravated
robbery convictions with sentences of nine years and six
months to be served concurrently. Case number 541 involved
one conviction of aggravated robbery with a sentence of nine
years and six months. Case number 543 involved one conviction
for aggravated robbery, Count 1, with a sentence of nine
years and six months and two convictions for vehicular homicide,
Counts 6 and 7, with sentences of four years and six months
to be served concurrently. Case numbers 549 and 550 were
ordered served concurrently, as were Counts 6 and 7 of 543,
because this was part of the defendant’s plea agreement. The trial court ordered Case number 541 to be served consecutively to the concurrent sentences in Case numbers 549 and 550. Then the trial court ordered Count 1 of Case number 543 to be served consecutively to Case number 541. Finally, the trial court ordered Counts 6 and 7, which were being served concurrently, to be served consecutively to Count 1 of Case number 543. The defendant appeals the trial court’s
judgments arguing that the trial court erred in setting the
length of sentence and in ordering the consecutive service
of the sentences. We affirm the judgments of the trial court.
State vs. Mathew Purviance - M2005-00151-CCA-R3-CD View
Montgomery County - The defendant, Mathew
Scott Purviance, was tried and convicted by a Montgomery
County jury of two counts of attempted robbery (a Class D
felony); two counts of reckless endangerment (a Class A misdemeanor);
joyriding (a Class A misdemeanor); and criminal attempt to
commit aggravated criminal trespassing (a Class B misdemeanor).
He received a total effective sentence of three years and
six months, to be served on probation. Additionally, the
trial court denied the defendant’s request for judicial diversion and imposed fines totaling $18,000, the maximum for each of the six conviction offenses. On direct appeal to this court, the defendant challenges the denial of judicial diversion; the application of enhancement factor (4) to his convictions for attempted robbery and reckless endangerment; and the trial court’s imposition of fines. Upon thorough review, we conclude that the enhancement factor was applied in error and that the trial court failed to articulate its reasoning for the imposed fines and the denial of judicial diversion on the record. Therefore, we modify the defendant’s
sentences on Counts Two and Three to the presumptive minimums
and remand the matter to the trial court for further proceedings
consistent with this opinion.
State vs. Clay Sullivan - M2004-03068-CCA-R3-CD View
Davidson county - The defendant, Clay B.
Sullivan, was convicted by a Davidson County jury of especially
aggravated robbery (a Class A felony); attempted second degree
murder (a Class B felony); and facilitation of attempted
voluntary manslaughter (a Class E felony). He received concurrent
sentences of twenty-two years, ten years, and two years for
the offenses, respectively, for a total effective sentence
of twenty-two years. Upon subsequent motion, the defendant’s twenty-two-year sentence was reduced to twenty years, based upon the Supreme Court’s holding in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). The defendant now appeals to this court, challenging the sufficiency of the evidence, the trial court’s denial of the motion for acquittal, and its failure to apply mitigating factors in sentencing. Additionally, the State requests that the original sentence be reinstated pursuant to our supreme court’s
holding in State v. Gomez, 163 S.W.3d 632 (Tenn. 2005). Upon
thorough review, we affirm the convictions and reinstate
the original sentence imposed for especially aggravated robbery.
William Jackson vs. State - M2005-00528-CCA-R3-PC View
A Davidson County jury convicted the Petitioner, William Rhea Jackson, of robbery, rape, aggravated burglary, attempted rape, aggravated kidnapping, and misdemeanor theft. This Court affirmed the convictions on direct appeal, and the Tennessee Supreme Court denied review. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court.
Gerald Johnson vs. State - M2005-01225-CCA-R3-PC View
Davidson County - Pursuant to a plea agreement, the Petitioner, Gerald E. Johnson, pled guilty to one count of possession with intent to sell or deliver under 0.5 grams of cocaine. The trial court sentenced the Petitioner to seven years as a Range II, multiple offender. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court.
Reese L. Smith vs. State - M2005-00402-CCA-R3-PC View
Davidson County - This is an appeal as of right from denial
of post-conviction relief. Upon entry of a guilty plea, the Petitioner,
Reese L. Smith, was convicted of one count of impersonating a licenced
professional, to wit: an attorney. See Tenn. Code Ann. § 39-16-302.
Pursuant to a plea agreement, the Petitioner was sentenced to a term of
eighteen months to be served on probation. The Petitioner filed a petition
for post-conviction relief. Following an evidentiary hearing, he was denied
relief. The Petitioner now appeals the denial of post-conviction relief,
arguing several issues, all of which we are unable to address because the
claims are either not proper issues for a post-conviction proceeding, not
properly preserved for review, or not reviewable due to an inadequate record.
We affirm the judgment of the trial court.
State vs. Albert Freeman Cox - E2005-01066-CCA-R3-CD View
Knox County - The defendant, Albert Freeman Cox, appeals
from the Knox County Criminal Court’s order affirming the Knox County General SessionsCourt’s revocation of his 2004 probation for driving under the influence (DUI). The record supports the order of revocation, and we affirm the criminal court’s
order.
State vs. Dale Ray Mills - E2005-00700-CCA-R3-CD View
Sevier County - Following a jury trial, Defendant, Dale
Ray Mills, was convicted of simple possession of marijuana, a Class A misdemeanor.
The trial court sentenced him to eleven months, twenty-nine days but suspended
all but 150 days of Defendant’s sentence and placed him on probation. On appeal, Defendant argues (1) that the evidence is insufficient to support the conviction and (2) that the trial court erred by considering inappropriate sentencing enhancement factors and by denying Defendant’s
request for full probation. After a review of the record, we affirm the
judgment of the trial court.
State vs. Waymon Russell - W2005-00311-CCA-R3-HC View
Hardeman County - The petitioner, Waymon Perry Russell,
filed a petition in the Hardeman County Circuit Court seeking a writ of
habeas corpus. The petitioner alleged that the trial court imposed concurrent
sentences when consecutive sentencing was mandatory. The habeas corpus
court dismissed the petition without appointing counsel or conducting an
evidentiary hearing. The petitioner challenges the dismissal. Upon our
review of the record and the parties’ briefs, we affirm the judgment
of the habeas corpus court.
State vs. Steven Fraze - M2005-01213-CCA-R3-CD View
Davidson County - The Defendant, Steven Kelly Fraze, pled
guilty to one count of rape and one count of child neglect in exchange
for an effective sentence of eight years, seven of which would be served
on probation. Subsequently, a probation violation warrant was issued, and,
after a hearing, the trial court revoked the Defendant’s probation.
The Defendant appeals, acknowledging that he violated his probation but
contending that the trial court abused its discretion when it ordered him
to serve the balance of his original sentence. Finding no reversible error,
we affirm the judgment of the trial court.
State vs. Samuel L. Giddens, Jr. - M2005-00691-CCA-R3-CD View
A Davidson County Jury convicted the Defendant of reckless
homicide, attempted especially aggravated robbery, and aggravated burglary.
The trial court sentenced the Defendant to an effective sentence of fourteen
years. On appeal, the Defendant contends that: (1) the evidence at trial
is insufficient to support the jury’s verdict; (2) the trial court improperly instructed the jury on the issue of criminal responsibility; (3) the Defendant’s convictions for attempted especially aggravated robbery and aggravated burglary violate principles of double jeopardy; (4) the trial court erred when it allowed a witness to testify as to the alleged statement made by a co-defendant; and (5) the trial court improperly enhanced the Defendant’s
sentences and improperly imposed consecutive sentences. Finding there exists
no reversible error, we affirm the judgements of the trial court.
State vs. Bobby Jenkins & Tareaun Griffin - M2005-00593-CCA-R3-CD View
Davidson County - This is a direct appeal as of right by Defendant Tareaun D. Griffin from convictions entered on a jury verdict of especially aggravated robbery and attempted second degree murder, and an appeal by Defendant Bobby Wayne Jenkins from his conviction entered on a jury verdict of especially aggravated robbery. Defendant Jenkins was sentenced to twenty years for his especially aggravated robbery conviction. Defendant Griffin was sentenced to twenty years for his especially aggravated robbery conviction and eleven years for his attempted second degree murder conviction, with the sentences to run consecutively for an effective thirty-one year sentence. On appeal, Defendant Griffin raises two issues: (1) the trial court erred in failing to charge the jury with instructions on self-defense, and (2) the court erred in imposing consecutive sentencing. Defendant Jenkins raises two separate issues: (1) the trial court erred in excluding the testimony of an expert witness, and (2) the court erred in failing to impose a mitigated sentence. We affirm the judgments of the trial court.
Michelle Allen & Mark Allen vs. State - M2005-00601-CCA-R3-PC View
The Robertson County Grand Jury indicted Mark Allen with one count of exhibition of materials harmful to a minor, one count of especially aggravated sexual exploitation, and one count of rape of a child. Michelle Allen was indicted with three counts of rape of a child. Following a jury trial, Mr. Allen was convicted of all three counts, and Mrs. Allen was convicted for two counts of rape of a child. The third count was dismissed. The trial court sentenced Mr. Allen to an effective sentence of twenty-four years and Mrs. Allen to an effective sentence of twenty-one years. The defendants appeal the judgments of the trial court. They argue that the evidence was insufficient to support their convictions and that the trial court erred in sentencing them. We affirm the judgments of the trial court.
State vs. Albert James Saavedra - M2004-02889-CCA-R3-CD View
Humphreys County - The Defendant, Albert James Saavedra, was indicted on one count of first degree murder and one count of attempted first degree murder. He was convicted for the lesser-included offense of voluntary manslaughter and for the indicted offense of attempted first degree murder. The trial court reduced the conviction for attempted first degree murder to attempted second degree murder, finding that the evidence was insufficient to prove that the Defendant acted with premeditation. The trial court also sentenced the Defendant to an effective sentence of fourteen years in the Department of Correction. The Defendant appeals, contending that: (1) the evidence is insufficient to sustain his conviction for attempted second degree murder; (2) the trial court erred by not instructing the jury on aggravated assault as a lesser-included offense of attempted first degree murder; (3) the trial court erred when it took his motion for judgment of acquittal under advisement and when it denied this motion with respect to attempted second degree murder; and (4) the trial court erred when it denied his Rule 33(f) motion. Finding that there exists no reversible error, we affirm the judgments of the trial court.
Cases posted the week of 03/06/2006
State vs. Jermeil Ralph Tarter - E2005-01013-CCA-R3-CD View
Sullivan County - The defendant, Jermeil Tarter, was convicted of one count of sale of more than .5 grams of cocaine within one thousand feet of a school, one count of delivery of more than .5 grams of cocaine within one thousand feet of a school, and one count of possession of more than .5 grams of cocaine within one thousand feet of a school. The trial court initially merged the convictions for delivery and possession of cocaine into the conviction for the sale of cocaine and then later dismissed the convictions for delivery of cocaine and possession of cocaine. The trial court imposed a Range I sentence of twenty years in the Department of Correction. In this appeal, the defendant asserts that the evidence was insufficient to support the convictions, that the trial court erred by permitting the surveillance tape to be admitted into evidence, and that the trial court erred by permitting the prosecutor to vouch for the truthfulness of the state's witnesses. The state challenges on appeal the trial court's ruling dismissing the conviction for possession of cocaine. The convictions and sentence are affirmed. The judgment of the trial court dismissing the convictions for delivery and possession of cocaine is reversed. The judgment of conviction for sale of more than .5 grams of cocaine is modified to show that the convictions for delivery of more than .5 grams of cocaine and possession of more than .5 grams of cocaine have been merged into one judgment.
State vs. Albert Freeman Cox - E2005-01066-CCA-R3-CD View
Knox County - The defendant, Albert Freeman Cox, appeals from the Knox County Criminal Court’s order affirming the Knox County General Sessions Court’s revocation of his 2004 conviction of driving under the influence (DUI).
State vs. Ronald Allen Sr. - W2005-01149-CCA-R3-PC View
Benton County - The Petitioner, Ronald Paul Allen, Sr., appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition for post-conviction relief is time-barred. Accordingly, we affirm the trial court’s dismissal.
State vs. Charles Humphries - W2005-00016-CCA-R3-CD View
Shelby County - The defendant, Charles Humphries, was convicted of first degree premeditated murder and aggravated assault (a Class C felony) and received Range II consecutive sentences of life imprisonment and ten years. On appeal, he challenges the sufficiency of the evidence to establish the element of premeditation and the imposition of consecutive sentences. Upon thorough review, we affirm the convictions and sentences of the Shelby County Criminal Court.
State vs. Corvack Shaw - W2005-01332-CCA-R3-PC View
Shelby County - The Petitioner, Corvack Shaw, appeals the lower court’s denial of his motion requesting relief from an invalid sentence. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to establish his entitlement to relief from an unconstitutional or invalid sentence. Accordingly, we affirm the trial court’s dismissal.
State vs. Mack Transou - W2005-01935-CCA-R3-HC View
Madison County - The Petitioner Mack Transou appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to comply with the procedural requirements for filing a petition for habeas corpus relief and has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State's motion and affirm the judgment of the lower court.
State vs. Frederick Leon Tucker - M2005-00839-CCA-R3-CD View
Davidson County - The defendant, Frederick Leon Tucker, was convicted by jury of rape of a child. As a result, he received a sentence of twenty-one years. On appeal, the defendant presents five issues for review: (1) whether the evidence was sufficient to convict him of rape of a child; (2) whether the trial court erred in admitting the expert testimony of the nurse practitioner who examined the victim; (3) whether the trial court abused its discretion in admitting the victim’s statements to a psychologist; (4) whether the trial court erred in admitting the rape kit because the chain of custody was not sufficiently established; and (5) whether the trial court erred in instructing the jury on child rape. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Joseph Adair - M2005-01138-CCA-R3-CD View
Clay County - Following a bench trial, the Defendant, Joseph Bryan Adair, was convicted of driving at a speed of 69 miles per hour in a 50 miles per hour speed zone, a Class C misdemeanor. The Defendant now appeals, contending that his traffic citation was invalid because it was not signed by the State Trooper who issued the ticket. Finding that there exists no reversible error, we affirm the judgment of the trial court.
State vs. Larry Whited & Williamy Rutherford - M2005-00167-CCA-R3-CD View
(Dissent) - View
Sumner County - The Defendants were convicted of second degree murder and reckless endangerment. Defendant Whited was also convicted of three counts of aggravated assault. On appeal, both Defendants argue that the trial court erred by allowing the State to introduce evidence of certain activity they engaged in after the crimes were committed, and that the evidence is insufficient to support their convictions. Defendant Whited argues that the trial court erred by denying his motion to suppress the statement he gave to the police. Both Defendants also challenge the trial court’s sentencing determination. After review, we affirm the trial court’s judgments in all respects.
State vs. James Harrell - M2005-01074-CCA-R9-CO View
(Dissent) - View
Warren County - Defendant, James N. Harrell, seeks interlocutory review of the Warren County Circuit Court’s affirmance of the State’s denial of his application for pretrial diversion. Defendant is charged with vehicular homicide by recklessness, four counts of reckless aggravated assault, underage possession and consumption of alcohol, and underage driving while impaired. After unsuccessfully requesting pretrial diversion, Defendant appealed to the trial court, who determined that the district attorney general had not abused his discretion when denying Defendant’s request. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.
State vs. Marshall Howell - M2005-02050-CCA-R3-CD View
Bedford County - The defendant, Marshall Ward Howell, entered a plea of guilty to sale of a controlled substance. The trial court imposed a sentence of eight years to be served in a community corrections program after service of a period of incarceration. Five months after his conviction, the community corrections sentence was revoked and the defendant was ordered to serve the remainder of his term in the Department of Correction. In this appeal, the single issue presented for review is whether revocation was proper. The judgment of the trial court is affirmed.
State vs. Christa Pike - M2005-00738-CCA-R3-CD View
Davidson County - The defendant, Christa G. Pike, appeals her conviction for attempted first degree premeditated murder, a Class A felony. The defendant contends she was acting in defense of a third party, an inmate, and that the evidence is insufficient to support her conviction. Finding no error at trial, we affirm the conviction.
State vs. Christopher A. Williams, A/K/A "Booger" - E2005-00493-CCA-R3-CD View
Sullivan County - Defendant, Christopher A. Williams, a/k/a “Booger,” pled guilty to three counts of selling .5 grams or more of cocaine, two counts of selling less than .5 grams of cocaine, and one count of possession of more than .5 grams of cocaine with the intent to sell. He received a total effective sentence of seventeen years. In his appeal, Defendant challenges the trial court’s denial of community corrections. After a thorough review of the record, we affirm the judgments of the trial court.
State vs. Larry Davis - W2005-01341-CCA-R3-CD View
Shelby County - The appellant, Larry Davis, was convicted by a jury in the Shelby County Criminal Court of driving under the influence (DUI), a Class A misdemeanor. He received a sentence of eleven months and twenty-nine days in the Shelby County Workhouse. On appeal, the appellant raises several issues relating to the sufficiency of the evidence. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Bernardino Lira - W2005-00683-CCA-R3-CD View
Shelby County - The defendant, Bernardino Lira, pled guilty to DUI, third offense, and driving on a revoked license, receiving concurrent sentences of eleven months and twenty-nine days and ten days, with all but four months suspended. He reserved as a certified question whether the trial court erred in denying his motion to suppress the fruits of the stop of his vehicle. We conclude that the question is properly certified and that the trial court ruled correctly in denying the motion to suppress.
State vs. Eric Berrios - W2005-01179-CCA-R9-CD View
Shelby County - Before the court is an interlocutory appeal by the State, pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The defendant, Eric Berrios, 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. Jerald Seay - W2005-01152-CCA-R3-CD View
Shelby County - The defendant, Jerald M. Seay, was found guilty by a Shelby County jury of unlawful possession of cocaine with intent to sell and unlawful possession of cocaine with intent to deliver, Class C felonies. After merging the two counts together into a single conviction for unlawful possession of cocaine with intent to sell, the trial court sentenced the defendant as a Range II, multiple offender to ten years in the Department of Correction and fined him $2,000. On appeal, he argues: (1) the evidence was insufficient to support his conviction; and (2) the trial court erred in allowing him to be impeached with stale convictions. Following our review, we affirm the judgment of the trial court.
State vs. Johnny Shields - W2004-02625-CCA-R3-PC View
Madison County - The Petitioner, Johnny Shields, appeals the post-conviction court’s dismissal of his petition for post-conviction relief as time-barred. We affirm the judgment of the post-conviction court.
Luther E. Fowler vs. State - E2005-01712-CCA-R3-PC View
Hamilton county - The petitioner, Luther E. Fowler, appeals the trial court’s order dismissing his petition for post-conviction relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The pleading is barred as a successive petition attacking the same judgment and by the statute of limitations and was properly dismissed. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
State vs. James Vanover - E2005-01192-CCA-R3-CD View
A Knox County Criminal Court jury convicted the defendant, James Vanover, of one count of rape of a child, a Class A felony, and two counts of aggravated sexual battery, a Class B felony, and the trial court sentenced him to twenty years for the rape and eight years for each aggravated sexual battery to be served consecutively at 100% for an effective sentence of thirty-six years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that his sentence is excessive. We conclude that the evidence is sufficient, but we conclude that the trial court improperly ordered consecutive sentencing. We remand the case to the trial court for resentencing.
Cases posted the week of 02/27/2006
State vs. David Wayne Neal - M2005-00763-CCA-R3-CD View
Montgomery County -The Appellant, David Wayne Neal, appeals the sentencing decision of the Montgomery County Circuit Court. Neal entered a “best interest” guilty plea to one count of aggravated burglary and a guilty plea to forgery. He was sentenced to an effective term of six years in the Department of Correction. The aggregate six-year sentence was then ordered to be served consecutively to an unserved two-year sentence resulting from a revocation of probation in a separate case. On appeal, Neal argues that the trial court erred by ordering that his sentences be served in confinement. The judgment of the trial court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals.
State vs. Paul Neil Laurent - M2005-00289-CCA-R3-CD View
(Dissent) - View
Davidson County - The appellant, Paul Neil Laurent, was indicted in 2003 for twelve counts of various crimes allegedly committed against his step-daughter and daughter. After a bench trial, the appellant was convicted of aggravated kidnapping, attempted aggravated sexual battery, aggravated sexual battery, two counts of sexual battery by an authority figure, and one count of attempted child neglect. The appellant received a total effective sentence of seventeen years. The appellant appeals, arguing that: (1) the trial court erred by denying the motion for judgment of acquittal and motion to dismiss regarding the charge of aggravated kidnapping; (2) the trial court erred in determining that the appellant was guilty of attempted aggravated sexual battery and aggravated sexual battery because the evidence was insufficient to support the convictions; and (3) the trial court erred in sentencing the appellant. For the following reasons, we affirm the judgment of the trial court.
State vs. Arthur Lee Harrison - M2004-03065-CCA-R3-CD View
Davidson County - The Appellant, Arthur Lee Harrison, was convicted by a Davidson County jury of the attempted voluntary manslaughter of his estranged wife. On appeal, Harrison argues that the evidence is insufficient to support the conviction. After review, we affirm.
State vs. Scottie D. Pennington - M2005-00320-CCA-R3-CD View
Jackson County - The Appellant, Scottie D. Pennington, was convicted by a Jackson County jury of driving under the influence (DUI) and felony reckless endangerment. As a result of these convictions, Pennington received consecutive sentences of eleven months and twenty nine days for DUI and two years for reckless endangerment. On appeal, Pennington argues that the evidence is insufficient to support his convictions. Specifically, he asserts that the State failed to prove his identity as the driver of the vehicle or that the vehicle was operated in a reckless manner. After review of the record, we affirm.
Joe Davis Martin vs. State - M2005-02143-CCA-R3-CO View
Davidson 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 dismissing the petition for writ of error coram nobis. Upon review of the record in this case, we are persuaded that the trial court was correct in dismissing the 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.
State vs. Kenneth DeAngelo Thomas - M2004-03069-CCA-R3-CD View
Davidson County - A Davidson County jury convicted the Defendant of felony murder. The Defendant appeals as of right from his conviction and contends that the indictment against him should be dismissed with prejudice due to a violation of Article IV of the Interstate Agreement on Detainers. Finding no reversible error, we affirm the judgment of the trial court.
Deanna Whitman vs. State - M2005-01321-CCA-R3-PC View
Warren County - The petitioner, Deanna Whitman, pleaded guilty to four counts of selling a schedule II drug within 1,000 feet of a school, for which she received an effective 16-year sentence to be served as a Range I offender at 100 percent. The petitioner sought post-conviction relief alleging that she received ineffective assistance of counsel and therefore unknowingly pleaded guilty to the instant crimes. At the conclusion of an evidentiary hearing, the post-conviction court denied the petition finding that the petitioner had received effective representation and had entered her pleas knowingly. Aggrieved of this ruling, the petitioner now appeals, and after a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.
State vs. Troy Robert Whipple - M2004-03047-CCA-R3-CD View
(Conur) - View
Franklin County - A Franklin County Jury found the Defendant, Troy Robert Whipple, guilty of one count of evading arrest while operating a motor vehicle, one count of reckless driving, one count of driving on a revoked license, and two counts of vandalism, and the trial court sentenced the Defendant to an effective sentence of four years. The Defendant now appeals, contending that: (1) the evidence presented at trial is insufficient to support his convictions; (2) the trial court committed plain error when it failed to instruct the jury that an unlawful arrest is a defense to a charge of evading arrest while operating a motor vehicle; (3) the trial court improperly sentenced him; and (4) the fines imposed upon him are unreasonable. After thoroughly reviewing the record and the applicable authorities, we affirm the Defendant’s convictions and sentences for evading arrest while operating a motor vehicle, reckless driving, and driving on a revoked license. We reverse the Defendant’s convictions for vandalism, and we remand the case for proceedings consistent with this opinion.
State vs. Roderick Harris - W2005-01102-CCA-R3-PC View
Shelby County -The Petitioner, Roderick Harris, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. In 2004, he pled guilty to aggravated robbery and received a sentence of ten years. On appeal, the Petitioner argues that trial counsel was ineffective for failing to seek a pretrial mental evaluation. After a review of the record, we affirm the post-conviction court’s dismissal of the petition.
State vs. Jerry Cowan - W2005-02068-CCA-R3-HC View
Lauderdale County - The petitioner, Jerry L. Cowan, pled guilty in the Blount County Circuit Court to second degree murder, and he received a sentence of thirty-five years as a Range II offender. Subsequently, he filed in the Lauderdale County Circuit Court a petition for a writ of habeas corpus, alleging that his sentence was void. The habeas corpus court dismissed the petition without the appointment of counsel or an evidentiary hearing. The petitioner appeals that dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court.
State vs. Robert Moore - W2005-01995-CCA-R3-HC View
Hardeman County - The petitioner, Robert L. Moore, filed in the Hardeman County Circuit Court a petition for a writ of habeas corpus, alleging that his 1994 conviction for possession of cocaine with intent to sell, his three 1991 convictions for sale of cocaine, and his three 1991 convictions for concealing stolen property are void. The habeas corpus court dismissed the petition without the appointment of counsel or an evidentiary hearing, and the petitioner appeals that dismissal. Upon our review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court.
Cumecus R. Cates vs. State - E2004-02945-CCA-MR3-PC View
Knox County - The Petitioner, Cumecus R. Cates, appeals from the summary dismissal of his petition for post-conviction relief. The trial court summarily dismissed the petition based on its determination that the underlying conviction was on appeal to this Court. It is from the order of dismissal that the Petitioner appeals. The State concedes that the trial court erred in summarily dismissing the petition. We reverse the judgment of the trial court and remand this case for further proceedings.
State vs. Paul Laurent - M20005-00289-CCA-R3-CD View
(Dissent) - View
Davidson County - The appellant, Paul Neil Laurent, was indicted in 2003 for twelve counts of various crimes allegedly committed against his step-daughter and daughter. After a bench trial, the appellant was convicted of aggravated kidnapping, attempted aggravated sexual battery, aggravated sexual battery, two counts of sexual battery by an authority figure, and one count of attempted child neglect. The appellant received a total effective sentence of seventeen years. The appellant appeals, arguing that: (1) the trial court erred by denying the motion for judgment of acquittal and motion to dismiss regarding the charge of aggravated kidnapping; (2) the trial court erred in determining that the appellant was guilty of attempted aggravated sexual battery and aggravated sexual battery because the evidence was insufficient to support the convictions; and (3) the trial court erred in sentencing the appellant. For the following reasons, we affirm the judgment of the trial court.
State vs. Carlito Adams - W2005-00459-CCA-R3-PC View
Shelby County - The petitioner, Carlito D. Adams, was convicted in 1995 of two counts of felony murder and two counts of attempted felony murder, with the latter being reversed and dismissed. See State v. Carlito D. Adams, No. 02C01-9608-CR-00267, 1997 Tenn. Crim. App. LEXIS 1247 (Tenn. Crim. App. Dec. 11, 1997), perm. to appeal denied concurring in results only (Tenn. Nov. 9, 1998). In November 1999, he filed a petition for post-conviction relief, which, according to the petitioner, was dismissed for failure to prosecute. Additionally, he alleges that this court denied, on January 25, 2002, his motion to reconsider the dismissal. On January 19, 2005, he filed a motion to reopen his post-conviction petition, claiming that a new right, which he sought to assert, had been recognized in Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004), and that there was new scientific evidence establishing his actual innocence. The post-conviction court denied the motion to reopen, and the petitioner appealed. Following our review, we affirm the order of the post-conviction court.
State vs. Derrick Swanson - E2004-02645-CCA-R3-CD View
Sullivan County - The Appellant, Derrick Michael Swanson, appeals the sentencing decision of the Sullivan County Criminal Court following the revocation of his community corrections sentences. In March 2004, Swanson was placed in community corrections after pleading guilty to twelve offenses stemming from two separate multi-count indictments. The convictions, which included felony and misdemeanor offenses, resulted in an effective six-year sentence. In September 2004, Swanson was charged with a violation of his community corrections supervision based upon new arrests. Following a violation hearing, Swanson’s effective six-year community corrections sentence was revoked and he was resentenced to an effective nine-year sentence to be served in the Department of Correction. At the conclusion of the hearing, Swanson was additionally convicted of criminal contempt for making an obscene gesture while leaving the courtroom. On appeal, Swanson argues that the trial court erred by: (1) ordering that his sentences be served in incarceration; (2) increasing his effective sentence to nine years; and (3) summarily finding him guilty of criminal contempt. After review, we find no error in the trial court’s sentencing decisions. Accordingly, Swanson’s effective nine-year sentence in the Department of Correction is affirmed. We conclude, however, that the record does not support the trial court’s finding of summary contempt. Accordingly, this conviction is reversed and dismissed.
Michael L. Bromley vs. State - M2005-01822-CCA-R3-PC View
Lawrence County - The petitioner pled guilty on December 11, 2000, to two counts of attempted second degree murder. He was sentenced to eight years on each conviction to be served consecutively in the community corrections program. On May 9, 2002, his community corrections sentence was revoked and the trial court ordered that the petitioner complete his original sentence in confinement with credit for time served. The petitioner never appealed either sentence. On July 8, 2005, the petitioner filed a petition for post-conviction relief. The post-conviction court summarily dismissed the petition for failure to state a claim and because it was time-barred. The petitioner appeals the post-conviction court’s decision. We affirm the decision of the post-conviction court.
State vs. Eric A. Dedmon - M2005-00762-CCA-R3-CD View
Montgomery County - The Defendant, Eric A. Dedmon, was convicted by a Montgomery County jury of two counts of aggravated child abuse. On appeal, the Defendant asserts that: (1) the evidence presented at trial was insufficient to support a conviction for aggravated child abuse because the victim did not suffer a “serious bodily injury”; and (2) the trial court improperly sentenced the Defendant in light of Blakely v. Washington, 542 U.S. 296 (2004). Finding that there exists no reversible error, we affirm the judgments of the trial court.
Timothy Hodges vs. State - M2005-01347-CCA-R3-HC View
Robertson County - The State appeals the grant of habeas relief, contending that the habeas court went beyond its authority in determining that Wisconsin did not have personal jurisdiction over the petitioner in an action to extradite him for a criminal charge of intentionally failing to support his children. Upon review, we conclude that the petitioner was properly classified as a fugitive and further agree that the habeas court’s findings went beyond the scope of permissible inquiry. Therefore, we reverse the grant of habeas relief.
State vs. James "Bo" Jones - M2005-01209-CCA-R3-CD View
Marshall - The Defendant, James William “Bo” Jones, pled guilty to one count of conspiracy to sell cocaine, and the parties agreed to a five-year sentence. The trial court denied the Defendant’s request for alternative sentencing and ordered that he serve the agreed five-year sentence in prison. On appeal the Defendant contends that the trial court erred when it denied his request for alternative sentencing. Finding no reversible error, we affirm the judgment of the trial court.
State vs. Larry Koffman - M2004-01793-CCA-R3-CD View
Robertson County - Following a jury trial, Defendant, Larry Paul Koffman, was convicted of aggravated robbery, a Class B felony, and aggravated assault, a Class C felony. The trial court sentenced Defendant as a Range II, multiple offender, to fifteen years for his aggravated robbery conviction and eight years for his aggravated assault conviction, and ordered Defendant to serve his sentences consecutively. On appeal, Defendant argues (1) that the trial court erred in not granting his motion to suppress his statement to the police; (2) that the evidence is insufficient to support his convictions; and (3) that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we find that the trial court erred in admitting Defendant’s statement into evidence, but conclude, based upon the facts presented in this case, that such error was harmless beyond a reasonable doubt. We therefore affirm the judgments of the trial court.
Stacy Maynor vs. State - M2005-00574-CCA-R3-PC View
Robertson County - The petitioner appeals the denial of his petition for post-conviction relief, alleging ineffective assistance, and that his plea of nolo contendere was not knowingly and voluntarily entered. Following thorough review, we conclude that the evidence presented on appeal does not preponderate against the post-conviction court’s findings and, therefore, affirm the denial of post-conviction relief.
Cases posted the week of 02/20/2006
State vs. Steven Murphy - W2004-02899-CCA-R3-CD View
Shelby County - The defendant, Steven Murphy, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, first degree felony murder, and two counts of theft of property over $1000, a Class D felony. The trial court merged the first degree felony murder conviction into the premeditated murder conviction, for which the defendant was sentenced to life without the possibility of parole, merged the two theft convictions, and sentenced the defendant to two years for the theft conviction, to be served concurrently with the life sentence without parole. On appeal, the defendant contends that the trial court erred in denying his motion in limine to allow hearsay statements of the victim into evidence, in denying his motion to suppress his statements to police, and in not instructing the jury on the adverse inference that could be drawn from the State’s failure to preserve the tape recording of the defendant’s statements. Having reviewed the record and found no error, we affirm the judgments of the trial court but remand for entry of a corrected judgment in Case No. 01-02751 to reflect the defendant’s conviction offense which was omitted.
State vs. Edna Phelps - W2005-00943-CCA-R3-CD View
Madison County - The defendant, Edna Phelps, was found guilty by a Madison County jury of aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to four years, all suspended except for eleven months and twenty-nine days with the balance to be served on intensive probation. On appeal, she argues the trial court erred in overruling her objections to certain questions asked by the State. Following our review, we affirm the judgment of the trial court.
State vs. Carlos Rice - W2005-01800-CCA-R3-HC View
Lauderdale County - The Petitioner, Carlos L. Rice, appeals the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal.
Gary Wayne Calhoun vs. State -
E2005-00001-CCA-R3-HC View
Carter County - The petitioner, Gary Wayne Calhoun, appeals
the Carter County Criminal Court’s order dismissing his petition for a
writ of habeas corpus. He claims his five judgments of conviction resulting
from his pleas of guilty are void because his sentences are illegal. We affirm
the judgment of the trial court with regard to four of the five challenged
judgments. We hold that the sentence for the fifth challenged judgment of
conviction is illegal, and we grant habeas corpus relief as to that conviction.
We remand the case to the Carter County Criminal Court for further proceedings
consistent with this opinion.
Grover L.
Dunigan vs. State - E2005-01574-CCA-R3-PC View
Hamilton county -
Petitioner, Grover L. Dunigan, filed a pro se petition for post-conviction
relief, alleging that he received the ineffective assistance of counsel
regarding his conviction for second degree murder. The post-conviction court
dismissed the petition without a hearing on the grounds that the petition was
time-barred. In this appeal, Petitioner argues that due process requires
tolling the statute of limitations because his trial attorney never told him
that the supreme court had denied his Rule 11 application. After a thorough
review of the record, we find that the lower court properly dismissed the
petition. Therefore, the judgment of the post-conviction court is affirmed.
Richard D. Wiggins vs. State -
M2005-00182-CCA-R3-PC View
Davidson County - The
Appellant, Richard D. Wiggins, appeals the denial of his petition for
post-conviction relief by the Davidson County Criminal Court. Wiggins pled
guilty to attempted especially aggravated robbery and, as provided by the plea
agreement, received an eight-year split confinement sentence requiring service
of one year in the county jail followed by seven years probation. On appeal,
Wiggins contends that his plea was not knowingly and voluntarily entered due to
trial counsel's ineffectiveness in: (1) failing to have Wiggins evaluated for
mental competency; (2) failing to fully investigate the case; (3) advising
Wiggins how to answer the trial court's questions during the plea colloquy; and
(4) failing to fully explain the nature and consequences of his guilty plea.
After review, we affirm the denial of the petition.
State vs. Willie R. Harris, Jr. -
M2005-00241-CCA-R3-CD View
A Coffee
County jury convicted the Defendant, Willie R. Harris, Jr., of driving
under the influence of alcohol ("DUI"). On appeal, he contends that: (1) the
evidence is insufficient to sustain his conviction; and (2) the trial court
erred when it admitted the results his blood alcohol content test into
evidence. Finding no reversible error, we affirm the judgment of the trial
court.
Marty Williams vs. State -
M2005-00169-CCA-R3-PC View
Davidson County -
Following a jury trial, Petitioner, Marty Dale Williams and his co-defendant,
Daryl Lee Madden, were convicted of felony murder, especially aggravated
robbery, and second degree murder. The trial court merged the second degree
murder conviction with the felony murder conviction. Madden received an
effective sentence of life plus 25 years; Petitioner received an effective
sentence of life. On direct appeal, a panel of this court affirmed the
judgments of the trial court. See State v. Madden, 99 S.W.3d 127 (Tenn. Crim.
App. 2002). Petitioner filed a timely petition for post-conviction relief which
the trial court subsequently denied after a hearing. Petitioner now appeals
from the trial court's denial of post-conviction relief. In this appeal,
Petitioner argues that the trial court erred in finding that Petitioner failed
to establish that his trial counsel was per se ineffective and that trial
counsel was ineffective under the totality of the circumstances. The judgment
of the post-conviction court is affirmed.
Hugh & Kenneth Bondurant vs. State -
M2004-02882-CCA-R3-PC View
Giles
County - This is an appeal from the dismissal of post-conviction
petitions due to a finding of unfavorable DNA analysis results. The
Petitioners, Hugh Peter Bondurant and Kenneth Patterson Bondurant, challenge
the trial court's dismissal of their petitions for DNA testing and analysis
filed pursuant to the Post-Conviction DNA Analysis Act of 2001. After ordering
DNA testing, the trial court found the results of the DNA analysis were not
favorable to the Petitioners and dismissed both of their petitions for
post-conviction relief. See Tenn. Code Ann. § 40-30-312. The Petitioners
now appeal to this Court, alleging that their DNA analysis is incomplete and
therefore they are now entitled to additional serological testing. We affirm
the judgments of the trial court.
State vs.
Jason Johnson - M2003-03060-CCA-R3CD View
Wilson County -
Following a jury trial, Defendant, Jason Curtis Johnson, was convicted of one
count of first degree premeditated murder and one count of second degree murder
for the killing of Christy Waller and her unborn child, respectively. Defendant
was sentenced to life imprisonment for his first degree murder conviction and
twenty-five years for his second degree murder conviction, with the sentence
for second degree murder conviction to be served consecutively to his life
sentence. On appeal, Defendant argues (1) that the trial court erred in denying
his motion to suppress; (2) that the trial court erred in admitting into
evidence autopsy photographs of the victim's fetus; (3) that the evidence was
insufficient to support Defendant's convictions; and (4) that the trial court
erred in its sentencing determinations. After a thorough review of the record,
we affirm the judgments of the trial court.
State vs. Dorris Markum - M2004-02884-CCA-R3-CD View
Warren County -
The appellant, Dorris Lee Markum, was indicted on two counts of aggravated
burglary, two counts of arson and two counts of theft of property under five
hundred dollars. After a jury trial, the appellant was convicted of all
charges. As a result, he was sentenced as a Range II multiple offender to an
effective sentence of twenty years. After the denial of a motion for new trial,
the appellant appeals, arguing that the evidence was insufficient to support
his arson convictions and that the trial court improperly instructed the jury
on arson. For the following reasons, we affirm the judgment of the trial court.
State vs. James Martens -
M2005-00688-CCA-R3-CD View
Humphries County - The
defendant, James Wesley Martens, was convicted by a Humphreys County jury of
aggravated robbery and evading arrest. The defendant was sentenced to
concurrent sentences of fourteen years and three years, respectively, in the
Tennessee Department of Correction as a Range II multiple offender. On appeal,
the defendant challenges the trial court's denial of his request for a
continuance and the sufficiency of the convicting evidence. Following our
review of the record and the parties' briefs, we affirm the judgment of the
trial court.
State vs. Kamal
Muhammad - M2004-03067-CCA-R3-CD View
Davidson County -
The appellant, Kamal Muhammed, was indicted with second offense driving under
the influence. After a jury trial, the appellant was convicted of the indicted
offense. As a result, he was sentenced to eleven months and twenty-nine days.
All but seventy-five days of the sentence were suspended. The appellant
challenges his conviction on appeal, arguing that the State failed to prove
venue and that he received ineffective assistance of counsel. We affirm the
judgment of the trial court.
Barry
Sotherland vs. State - M2005-00565-CCA-R3-HC View
Marshall
County - The petitioner filed a writ of habeas corpus in Marshall
County, the county in which he was convicted. He is incarcerated in Wayne
County. The trial court dismissed his petition for writ of habeas corpus
because it was not filed in the county in which he is located and because the
petition did not state sufficient grounds. We affirm the decision of the habeas
corpus court.
Simon Villagomez vs.
State - M2004-03064-CCA-R3-PC View
Davidson County -
The Appellant, Simon Avalos Villagomez, appeals the Davidson County Criminal
Court's denial of his petition for post-conviction relief. On appeal,
Villagomez argues that his guilty plea for felony possession of seventy pounds
or more of marijuana for resale was not knowing and voluntary due to the
ineffective assistance of counsel. After review of the record, we affirm the
denial of post-conviction relief.
Jason Earl
Hill vs. State - E2005-00968-CCA-R3-PC View
Hamilton County - The
Appellant, Jason Earl Hill, proceeding pro se, appeals the Hamilton County
Criminal Court's summary dismissal of his petition for post-conviction relief.
In 1995, Hill pled guilty to aggravated burglary and received a three-year
suspended sentence. In February 2005, Hill filed a pro se petition for
post-conviction relief collaterally attacking the 1995 conviction. While
acknowledging that the petition was filed outside the statute of limitations,
Hill asserts that due process requires that the statute be tolled and that his
claims of ineffective assistance of counsel and an unknowing and involuntary
guilty plea be addressed. The post-conviction court summarily dismissed the
petition as time-barred without addressing the merits of Hill's substantive
claims. On appeal, Hill asserts that the court erred in: (1) dismissing the
petition as untimely; (2) dismissing the petition without addressing the whole
subject matter as to all causes of action involved; and (3) dismissing the
petition because due process requires vacating the conviction due to his
innocence. After review, we conclude that the facts of this case do not warrant
tolling the post-conviction statute of limitations. Accordingly, we affirm the
post-conviction court's summary dismissal of the petition.
Cases posted the week of 02/13/2006
State vs. Kelvin Dowell -
W2005-00588-CCA-R3-CD View
Tipton County - The defendant, Kelvin Jermaine
Dowell, was convicted by jury of first degree murder and abuse of a corpse, see
Tenn. Code Ann. §§ 39-13-202(a)(1), -17-312 (2003), for which he
received a life sentence. Aggrieved of his convictions, the defendant brings
the instant appeal challenging the sufficiency of the evidence and the trial
court’s denial of his request for a continuance. After a thorough review
of the record and applicable law, we affirm the judgments of the lower
court.
State vs. David Lee
Kestner - M2004-02478-CCA-R3-CD View
Davidson
County - The defendant, David Lee Kestner, pled guilty to felony
murder, aggravated burglary, and especially aggravated robbery, in exchange for
concurrent sentences of life, three years, and fifteen years, respectively. As
a condition of his guilty plea, the defendant reserved three certified
questions of law concerning the denial of his motions to suppress and dismiss.
Upon our review of the record and the parties’ briefs, we conclude the
questions regarding the denial of the defendant’s motion to suppress are
not dispositive of the case, and therefore cannot be reviewed by this court. We
further conclude that the trial court did not err in denying the
defendant’s motion to dismiss the indictment. Accordingly, we affirm the
judgments of the trial court.
State vs.
Carlos Hardy and Atlanta Hardy - M2004-02249-CCA-R3-CD View
Davidson County - The appellants, Carlos and Atlanta Hardy, were convicted by a jury of second
degree murder. As a result, the trial court sentenced Atlanta Hardy as a career
violent offender to sixty years at one hundred percent to be served
consecutively to the sentence she was already serving. Carlos Hardy was
sentenced to twenty-five years at one hundred percent to be served
consecutively to the sentence he was already serving for a probation violation.
Both appellants filed timely motions for new trial. The trial court denied the
motions, and the appellants appealed. On appeal, Carlos Hardy challenges the
sufficiency of the evidence, the trial court’s failure to declare a
mistrial after a State’s witness mentioned a lie detector test, the trial
court’s failure to sever his case from Atlanta Hardy’s case, and
his sentence. Atlanta Hardy challenges the sufficiency of the evidence and the
trial court’s failure to declare a mistrial. For the following reasons,
we affirm the judgments of the trial court.
State vs. John Marshall Mayes -
M2005-01469-CCA-R3-CD View
Marshall County - The defendant pled guilty to driving while
under court order not to operate a motor vehicle because he had been declared
an habitual motor offender. The trial court sentenced the defendant to six
years as a Career Offender. The defendant appeals, arguing that the trial court
erred in not granting him probation and in sentencing him as a career offender.
We affirm the judgment of the trial court.
State vs. Paul O. Dickens, Sr. -
M2005-00571-CCA-R3-CD View
The
defendant, Paul O. Dickens, Sr., was convicted by a Rutherford
County jury of attempted voluntary manslaughter (a Class D felony),
reckless endangerment (a Class E felony), and two counts of coercion of a
witness (a Class D felony). On direct appeal to this court, the defendant
contends that: (1) the evidence was insufficient to support the verdict; and
(2) his convictions for attempted voluntary manslaughter and reckless
endangerment violate the constitutional prohibition against double jeopardy.
Upon review of the record, briefs of the parties, and applicable law, we affirm
the judgments of the trial court.
State vs. Jerry N. Eldridge -
M2004-01080-CCA-R3-CD View
Stewart County - Following a revocation hearing, the trial
court revoked the probation of defendant, Jerry Eldridge, and ordered him to
serve the remainder of his sentence in confinement. In his appeal, defendant
argues that his trial counsel rendered ineffective assistance during the
revocation hearing, and that the trial court erred in finding that he had
violated the terms of his probation. After a review of this matter, we affirm
the judgment of the trial court.
State vs. Dorothy Pryor -
M2005-00890-CCA-R3-CD View
The
defendant, Dorothy Pryor, appeals the sentencing decision of the Sumner
County Criminal Court. The defendant pled guilty to five counts of
burglary and three counts of Class D felony theft. Pursuant to the plea
agreement, she received an effective eight-year sentence for the burglary
convictions and an effective eight-year sentence for the theft convictions.
Following a sentencing hearing, the trial court ordered the burglary and theft
sentences to be served consecutively to one another and consecutively to a
prior eight-year sentence, for a total sentence of twenty-four years in the
Department of Correction as a Range III, persistent offender. On appeal, the
defendant argues that consecutive sentencing was improper. After a review of
the record, we affirm the sentencing decision of the trial court.
Johnnie W. Reeves vs. State -
M2004-02642-CCA-R3-PC View
Davidson County - Petitioner appeals the dismissal of his
petition for post-conviction relief in which he contended (1) that trial
counsel failed to cross-examine the six-year-old victim as to his competency as
a witness prior to the victim’s testimony at trial; (2) that trial
counsel failed to effectively cross-examine witnesses and make timely
objections; (3) that trial counsel failed to effectively investigate the case
and subpoena necessary documents and witnesses; and (4) that the trial court
failed to instruct the jury on all lesser-included offenses. After a thorough
review of the record, we conclude that petitioner has failed to show that his
trial counsel’s representation was deficient or that he was prejudiced by
his trial counsel’s performance. We accordingly affirm the judgment of
the post-conviction court.
State
vs.Thomas Davis Rosa - M2005-00148-CCA-R3-CD View
Giles
County - The appellant, Thomas David Rosa, appeals the revocation of
his probation by the Giles County Circuit Court. On August 27, 2004, Rosa was
granted probation and placed on supervision for the balance of an effective
eight-year sentence for burglary and theft of property convictions. Prior to
the commencement of the revocation hearing, Rosa was removed from the courtroom
based upon the trial court’s finding of “unruly behavior.”
The hearing then proceeded in Rosa’s absence. Following the State’s
introduction of proof, the trial court found Rosa in violation of the
conditions of his probation based upon his committing new offenses and failing
to pay restitution. On appeal, Rosa argues: (1) that his removal from the
courtroom violated his fundamental right of due process in that he was
precluded from confronting witnesses, presenting proof in his own behalf, and
assisting counsel in his defense; and (2) the evidence was insufficient to
revoke his probation. Because we conclude that Rosa’s due process rights
were violated, we reverse the judgment of the trial court and remand for a new
revocation hearing.
State vs.
Tyler Stout Smith - M200403048-CCA-R3-CD View
Putnam
County - Following a jury trial, defendant, Tyler Stout Smith, was
convicted of vehicular homicide by recklessness. Defendant was ordered to pay a
fine of ten thousand ($10,000) dollars and was sentenced to four (4) years in
the Department of Correction. On appeal, defendant argues that (1) the evidence
presented was insufficient to establish the element of recklessness beyond a
reasonable doubt; (2) defendant's due process rights were violated when the
trial court did not allow him to present evidence that the victim was
influenced by an intoxicant which may have influenced her ability to avoid the
collision; and (3) the trial court improperly increased the defendant's
sentence from three years to four years. We affirm the judgment of the trial
court.
State vs. Willie Wilson -
W2005-00680-CCA-R3-CD View
Shelby County - Following a jury trial, defendant, Willie
Wilson, was found guilty of two counts of aggravated robbery. He received
concurrent sentences of nine years for each conviction. In his appeal,
defendant challenges the sufficiency of the evidence. After a thorough review
of the record, we conclude that the aggravated robbery convictions should be
merged into a single conviction and the case remanded for entry of corrected
judgments consistent with this opinion. In all other respects, the judgment of
the trial court is affirmed.
State vs.
Joseph Cole - W2005-01895-CCA-R3-CD View
Gibson County -
After a bench trial, the defendant was convicted of burglary, a Class D felony,
and theft of property under the value of five hundred dollars, a Class A
misdemeanor. See Tenn. Code Ann. §§39-14-402, -103, -105(1). After
conducting a sentencing hearing, the defendant was sentenced as a Range III,
persistent offender to serve ten years in the Department of Correction for his
burglary conviction. He received a concurrent sentence of eleven months and
twenty-nine days in the county jail for his theft conviction. In this appeal,
the defendant argues that the evidence is insufficient as a matter of law to
support his convictions and that the trial court erred by ordering him to serve
a mid-range sentence for the burglary conviction. We affirm the judgments of
the trial court.
State vs. Chuncy
Hollis - W2005-00807-CCA-R3-PC View
Madison County - The petitioner, Chuncy L. Hollis,
originally pled guilty to possession of cocaine greater than .5 grams with
intent to sell, a Class B felony, in exchange for a sentence of eight years.
Thereafter, he filed and was denied post-conviction relief. The petitioner now
appeals the post-conviction court’s order, claiming that his trial
counsel provided ineffective assistance of counsel which resulted in an
unknowing and involuntary plea. Upon review of the record in this case, we
conclude that the evidence does not preponderate against the post-conviction
court’s finding that trial counsel rendered effective assistance and that
the petitioner’s plea was knowingly and voluntarily entered. Based upon
the foregoing, we affirm the denial of post-conviction relief.
State vs. Johnny Porter -
W2005-01389-CCA-R3-CD View
Hardin County - The defendant, Johnny E. Porter, was convicted
of possession of over .5 grams of a Schedule II controlled substance (cocaine)
with intent to sell, a Class B felony, and possession of marijuana, a Class A
misdemeanor. He received concurrent sentences of nine years and eleven months,
twenty-nine days on the charges, respectively. On appeal, the defendant
contests the sufficiency of the evidence and contends that the trial court
erred in enhancing his sentence on Count One from eight years to nine years
based solely upon his prior criminal record. Upon review, we affirm the
conviction and sentence.
State
vs. Tammy Marie Wilburn - E2005-01009-CCA-R3-CD View
Blount
County - The defendant, Tammy Marie Wilburn, pled guilty to one count
of attempted aggravated arson, a Class B felony. The Blount County Circuit
Court sentenced her to an eight-year sentence as a Range I, standard offender
to be served in the Department of Correction. The defendant appeals, contending
the trial court erred in denying her alternative sentencing. We affirm the
judgment of the trial court.
State vs.
Shirley Rudd - W2005-01022-CCA-R3-CD View
Obion County - The
Defendant, Shirley A. Rudd, was convicted by an Obion County jury of sale of a
controlled substance. On appeal, the Defendant asserts that: (1) the trial
court erred when it did not declare a mistrial because two witnesses made
improper and prejudicial statements about the Defendant's prior bad acts; (2)
there was insufficient evidence to support her conviction; and (3) the trial
court erred when it denied the Defendant's counsel the right to question a
witness about her motive for testifying. Finding that there exists no
reversible error, we affirm the judgment of the trial court.
Cases posted the week of 02/06/2006
State vs. Bradley Noble -
E2005-00011-CCA-R3-CD View
Knox
County - The State appeals the Knox County Criminal Court's dismissal
of a presentment charging the defendant, Bradley Noble, with the rape of a
five-year-old child at a day care center. The presentment charged the
defendant, a former employee of the center, with digitally penetrating the
victim's anus on an unspecified day in March 1999. In a subsequent bill of
particulars, the State narrowed the time of the offense to between 3:20 and
5:29 p.m. on March 10, 1999. During the defendant's first trial, which ended in
a mistrial, defense counsel revealed in opening arguments that he intended to
prove that the defendant had not been alone with the victim during the time
alleged in the bill of particulars. Following the mistrial, the State filed a
"Superceding Bill of Particulars," which reverted back to t