This Page Last Updated: October 12, 2007 at 08:44.36 hours
The following Opinions are available for download:
Cases posted the week of 03/26/2007
State vs. Maurice Leonard & Kenneth Shondale Mason - M2006-00136-CCA-R3-CD View
Bedford County - In this consolidated appeal, the Appellants, Maurice Leonard and Kenneth Shondale Mason, appeal their convictions by a Bedford County jury. Following a joint trial, Leonard and Mason were convicted of aggravated burglary, attempted robbery, assault, and false imprisonment. As a result of these convictions, Leonard received an effective sentence of four years, as a Range I offender, and Mason received an effective sentence of sixteen years as a Range II offender. On appeal, Leonard and Mason each raise two issues for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the sentences imposed by the trial court are excessive. Following review, we affirm the judgments of conviction and resulting sentences.
State vs. Keith Lemont Farmer - M2006-00707-CCA-R3-CD View
Davidson County - The appellant, Keith Lemont Farmer, pled guilty in the Davidson County Criminal Court to robbery, possession of a weapon on school property, and assault. The plea agreement provided that the appellant would receive a total effective sentence of seven years with the manner of service to be determined by the trial court. On appeal, the appellant contests the trial court’s failure to grant full probation. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. William Marshall Coady Ferguson - M2006-00694-CCA-R3-CD View
Bedford County - The Defendant, William Marshall Coady Ferguson, was indicted by a Bedford County grand jury on three counts of burglary, three counts of theft, and three counts of vandalism. The charges arose from the Defendant’s entry into a laundromat during regular business hours and his subsequent stealing of money from video game machines and a soap dispenser on three separate occasions. The Defendant pled guilty to three counts of theft and three counts of vandalism. Following a jury trial, the Defendant was also convicted of three counts of burglary. The Defendant was sentenced as a Range I, standard offender to serve an effective sentence of ten years and six months. On appeal, the Defendant asserts that the evidence is insufficient to support his three burglary convictions because he had the effective consent of the owners to enter the building. We conclude that the evidence was insufficient to support the three convictions of burglary beyond a reasonable doubt. Therefore, the judgment of the Bedford County Circuit Court is reversed, and the three burglary charges are dismissed.
State vs. Ronnie Lee Johns - M2006-01807-CCA-R3-CD View
Rutherford County - The Defendant, Ronnie Lee Johns, appeals from the judgment of the Rutherford County Circuit Court revoking his probation and ordering that his eight-year sentence be served in the Department of Correction. On appeal, the Defendant raises a single issue for our review: whether the trial court erred by refusing his request for a transcript of a prior proceeding in his case. We find no error or abuse of discretion in the trial court’s denial of the transcript. The judgment is affirmed.
State of Tennessee vs. Quinn L. Hamilton - M2005-02748-CCA-R3-CD View
Davidson County - The petitioner, Quinn L. Hamilton, was convicted of possession with intent to sell or deliver .5 grams or more of cocaine and received a sentence of fifteen years. Subsequently, he was granted a delayed appeal by the post-conviction court. In this delayed appeal, the petitioner argues: (1) that the post-conviction court properly granted the delayed appeal; and (2) that his original motion to suppress evidence should have been granted because he was subjected to an unlawful seizure by law enforcement. Following careful review of the record and the parties’ briefs, we reverse the denial of the petitioner’s motion to suppress and vacate his conviction and sentence.
State vs. Levi Battle, III - M2006-00288-CCA-R3-CD View
Davidson County - The Defendant, Levi Battle, III, was indicted by a Davidson County grand jury for possession with the intent to sell or deliver 300 grams or more of a substance containing cocaine, a Class A felony. The Defendant filed a motion to suppress the evidence, which the trial court denied. Thereafter, the Defendant was convicted by a jury for possession of twenty-six grams or more of cocaine with the intent to sell or deliver, a Class B felony. The Defendant was sentenced as a career offender to thirty years in the Department of Correction. The Defendant’s sole issue on appeal is whether the trial court erred in denying his motion to suppress. We conclude that the trial court properly denied the motion to suppress and affirm the judgment of the trial court.
State vs. Roy Albert Ivey - E2006-00561-CCA-R3-CD View
Blount County - The defendant, Roy Albert Ivy, pled guilty to the offense of theft of property greater than $10,000 (a Class C felony) and agreed to be sentenced as a Range I offender, with the length and manner of service of the sentence to be determined by the trial court. After a sentencing hearing, the court sentenced the defendant to serve five years in the Department of Correction. The trial court found that confinement was necessary to protect society, to avoid depreciation of the seriousness of the offense, and to provide an effective deterrence to others. The trial court also found that the defendant’s criminal history and failure at past efforts for rehabilitation made it necessary to order a sentence of confinement. The trial court did mitigate the defendant’s sentence downward in the range from a sentence of six years to five years, based on his compliance with an alternative sentence in another county. After careful review, we conclude the trial court properly sentenced the defendant and find no error. We affirm the judgment of the trial court.
State vs. Jeremiah Leon Wright - E2006-00726-CCA-R3-CD View
Blount County - The defendant, Jeremiah Leon Wright, after pleading guilty to rape, a Class B felony, was sentenced to the maximum of twelve years as a Range I, violent offender. The defendant appeals, contending that the trial court erred in failing to consider the defendant’s mental health when mitigating the length of his sentence. We conclude that the new sentencing statute places greater discretion with the trial court in fashioning a sentence and that the trial court did not abuse its discretion. We affirm the judgment of the trial court.
State vs. Jacob Allen Reynolds - E2005-02768-CCA-R3-CD View
Blount County - The defendant, Jacob Allen Reynolds, pled guilty to one count of vandalism (Class C felony) and, after a sentencing hearing, was ordered to serve four years of confinement in the Department of Correction as a Range I, standard offender. Additionally, he was ordered to pay restitution to the victims in the amount of $11,407.75. On appeal, the defendant contends that the trial court erred in sentencing him to four years of confinement. After careful review, we hold that no error exists and affirm the judgment of the trial court.
State vs. Travis Young - W2005-02593-CCA-R3-CD
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Shelby County - The Defendant, Travis Young, was convicted of two counts of aggravated robbery, three counts of aggravated assault, two counts of reckless aggravated assault, and one count of intentionally evading arrest. The trial court sentenced the Defendant to an effective sixteen-year sentence. On appeal, the Defendant contends that the trial court erred when it: (1) classified him as a Range II offender; (2) enhanced the Defendant’s sentences; and (3) imposed consecutive sentences. We affirm the judgments of the trial court as modified, and we remand the case for entry of judgments consistent with this opinion.
State vs. Jeffery Yates - W2006-00969-CCA-R3-HC View
Hardeman County - The petitioner, Jeffery Yates, appeals the Hardeman County Circuit Court’s denial of his petition for habeas corpus relief from his convictions for especially aggravated kidnapping, aggravated kidnapping, and attempted aggravated robbery. He contends that his sentences are illegal and, therefore, that his judgments of conviction are void. Upon review of the record and the parties’ briefs, we affirm the trial court’s denial of the petition for habeas corpus relief.
State vs. Troy Wayne Rutledge - E2006-00954-CCA-R3-CD View
Sullivan County - The defendant’s probation officer entered a probation violation warrant for receiving a speeding ticket, committing the offense of allowing dogs to run at large, failing to report a citation for driving on a suspended license and failing to present his probation identification card. Following a hearing, the trial court revoked the defendant’s probation and ordered him to serve his originally-imposed sentence for possession of marijuana for re-sale and money laundering. We have reviewed the record on appeal and affirm the judgment of the trial court.
State vs. Michael Henderson - W2006-01798-CCA-R3-HC View
Hardeman County - The Petitioner, Michael Henderson, 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 comply with the procedural requirements for seeking habeas corpus relief and has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s dismissal.
State vs. Eric Maxie - W2006-00604-CCA-R3-CD View
Shelby County - Indicted for rape of a child, the defendant, Eric Maxie, was convicted by a Shelby County Criminal Court jury of aggravated sexual battery. He appeals and challenges the sufficiency of the convicting evidence. Because the record supports the jury’s verdict, we affirm the conviction.
State vs. William Stitts - W2006-00176-CCA-R3-PC View
Madison County - Aggrieved of his robbery convictions, the petitioner, William H. Stitts, sought post-conviction relief, which was denied by the Circuit Court of Madison County after an evidentiary hearing. On appeal, the petitioner presses his claim that appellate counsel provided ineffective assistance by failing to ensure that a trial exhibit, a videotape of one of the robberies, was included in the appellate record on direct appeal. We affirm the denial of post-conviction relief.
Cases posted the week of 03/19/2007
State vs. Robert Harrison - W2006-00483-CCA-R9-CD View
Chester County -
We have granted this Rule 9 interlocutory appeal from the Chester County Circuit Court for purposes of clarifying both the appropriate procedure to be employed and the scope of discovery with regard to obtaining the records and reports of an examining psychiatrist or expert in a competency proceeding in which the mental health expert will be called as a witness. The Defendant, Robert Jonathan Harrison, is currently charged with three counts of rape, one count of rape of a child, one count of attempt to commit rape, and one count of incest. Following an evaluation by the community mental health center, Harrison was found to be competent to stand trial. A second competency evaluation was performed by a private clinical psychologist at Harrison’s request, and he was found to be incompetent to stand trial. The State sought, and was granted, a judicial subpoena pursuant to the provisions of Tennessee Code Annotated section 40-17-123, directing that the clinical psychologist produce to the State “any and all records” related to the competency evaluation of Harrison. Harrison then filed a motion to quash the subpoena, which was denied by the trial court, and this appeal followed. After review, we conclude that the issuance of the judicial subpoena under the authority of Tennessee Code Annotated section 40-17-123 was error. Notwithstanding, and in the absence of any specific rule applicable to the issue presented, we hold that the rules of civil procedure provide appropriate procedures for obtaining disclosure of the information sought and properly define the scope of the discovery of the examining mental health expert. Accordingly, we reverse and remand to the trial court for proceedings consistent with this opinion.
State vs. Allen Ray Kennedy - M2006-00847-CCA-R3-CD View
Lincoln County -
The appellant, Allen Ray Kennedy, pled guilty in the Lincoln County Circuit Court to three counts of aggravated assault, attempted aggravated kidnapping, attempted carjacking, carjacking, reckless endangerment, carrying a handgun with the intent to go armed, and driving on a revoked license. The trial court imposed a total effective sentence of eighteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the imposition of consecutive sentencing. Upon review of the record and the parties’ briefs, we conclude that due to the trial court’s errors in sentencing and its failure to make the requisite findings of fact with regard to consecutive sentencing, the case should be remanded to the trial court for a new sentencing hearing and for correction of the judgment of conviction for driving on a revoked licence.
State vs. Christopher W. Norwood - M2006-00145-CCA-R3-CD View
Williamson County - The defendant, Christopher W. Norwood, was convicted by a Williamson County jury of conspiracy to commit aggravated robbery, a Class C felony, and evading arrest, a Class A misdemeanor. The trial court imposed a sentence of 2.7 years as a mitigated offender to be served on probation after the service of sixty days incarceration for the conspiracy offense and a concurrent sentence of eleven months and twenty-nine days for the evading arrest offense. The defendant argues on appeal that the trial court abused its discretion in denying him judicial diversion. Upon a full review of the record, arguments of counsel and applicable law, we affirm the judgments of the trial court.
State v. Kascey Marquis Campbell - W2005-02810-CCA-R3-CD View
Shelby County - A Shelby County jury convicted the Defendant, Kascey Marquis Campbell, of first degree premeditated murder, two counts felony murder, robbery, and aggravated burglary. On appeal, he contends that there was insufficient evidence to support his convictions and that he acted under duress. Finding no error, we affirm the judgments of the trial court.
State vs. Tommy Lee Henry - E2006-00466-CCA-R3-CD View
Sullivan County - The defendant, Tommy Lee Henry, was convicted by a Sullivan County jury of tampering with evidence, a Class C felony, and a third offense of possession of cocaine, a Class E felony. The defendant was sentenced as a Range I, standard offender to four years for the tampering conviction and two years for the possession conviction to be served concurrently in the Department of Correction. In this appeal, the defendant claims that the trial court erred in denying his motion to suppress. He claims that the police illegally detained him when they found him inside a parked car with two other individuals in a high-crime area at approximately 3:00 a.m. and that they illegally seized evidence during the detention. We hold that the trial court properly denied the motion, and we affirm its judgments.
State vs. Johnny Baxter - E2006-00669-CCA-R3-CD View
McMinn County - The defendant, Johnny Baxter, was convicted by a McMinn County jury of rape of a child, a Class A felony, for which he received a sentence of twenty years in the Department of Correction. In this appeal, he argues that the evidence was insufficient to sustain the conviction, that the trial court erred in failing to instruct the jury on child abuse as a lesser included offense, and that the trial court failed to account for mitigating proof in its sentencing determination. We hold that no error exists, and we affirm the judgment of the trial court.
Eric D. Wallace v. Stephen Dotson, Warden - W2006-00908-CCA-R3-HC View
Hardeman County - The petitioner, Eric D. Wallace, appeals from the circuit court’s summary dismissal of his second pro se petition for writ of habeas corpus. Following our review of the parties’ briefs and applicable law, we affirm the circuit court’s judgment.
Donnie E. Johnson v. State of Tennessee - W2006-02208-CCA-R3-PD View
Shelby County - In 1985, the Petitioner, Donnie E. Johnson, was convicted of the first degree murder of his wife, Connie Johnson. See State v. Johnson, 734 S.W.2d 154, 155 (Tenn. 1987), cert. denied, 485 U.S. 994, 108 S. Ct. 1303 (1988). The jury imposed and the trial court approved a sentence of death. Id. The conviction and sentence were affirmed on direct appeal by both the Court of Criminal Appeals and the Tennessee Supreme Court. The Petitioner later sought post-conviction relief, which was unsuccessful. See Donnie E. Johnson v. State, No. 02C01-9111-CR-00237, 1997 WL 141887, at * 1 (Tenn. Crim. App., at Jackson, Mar. 27, 1997), perm. to appeal denied, (Tenn. Sept. 8, 1997); Donnie Edward Johnson v. State, No. 02C01-9111-CR-00237, 1995 WL 603159 (Tenn., Oct. 9, 1995); Donnie Edward Johnson v. State, No. 02C01-9111-CR-00237, 1994 WL 90483, at *1 (Tenn. Crim. App., at Jackson, Mar. 23, 1994); Donnie Edward Johnson v. State, No. 02-S-01-9207-CR-00041, 1993 WL 61728, at *1 (Tenn. Crim. App., at Jackson, Mar. 8, 1993). On June 9, 2006, Petitioner Johnson filed a petition to compel testing of biological evidence as provided by the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition on October 9, 2006. Upon review of the record, we affirm the judgment of the post-conviction court.
State vs. Dodrick Losame Houston - M2006-00889-CCA-R3-CD View
Davidson County - The defendant, Dodrick Losame Houston, pled guilty to burglary and violating the motor vehicle habitual offender law, Class D and E felonies respectively. He was sentenced as a Range I, standard offender to two years for the former and one year for the latter, with the sentences to be served consecutively, for an effective sentence of three years. On appeal, he argues that the trial court erred by denying probation. Following our review, we affirm the sentences ordered by the trial court.
State vs. Wanda Overcast - M2006-01244-CCA-R3-CD View
Bedford County - The defendant, Wanda Overcast, appeals her Bedford County incarcerative sentence of nine years on her guilty-pleaded convictions of Class B narcotics sale and delivery. The defendant had sought a probationary sentence or some other form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial court’s sentencing decision, but we remand the case for merger of the judgment convictions into one judgment.
State of Tennessee v. Heath Baldwin - W2005-02906-CCA-R3-CD View
Shelby County - The defendant, Heath Baldwin, pled guilty to misdemeanor assault and received an agreed eleven month, twenty-nine day sentence with the manner of service to be determined by the trial court. Following a sentencing hearing, the court ordered that the defendant serve his sentence in confinement. On appeal, the defendant challenges the denial of an alternative sentence, specifically the denial of probation. After our review of the record and the parties’ briefs, we affirm the judgment of the Shelby County Criminal Court.
State vs. Larry Boykin - E2005-01582-CCA-R3-CD View
Cocke County - The appellant, Larry Boykin, was convicted by a jury in the Cocke County Circuit Court of first degree murder, and he received a sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant argues that the State failed to timely disclose exculpatory information, the trial court erred in failing to suppress the appellant’s statements to police due to a Miranda violation, the trial court erred in allowing evidence of a burglary to be introduced during the course of the murder trial, and the evidence is insufficient to sustain his conviction for murder. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State of Tennessee v. Edgar White, Jr. - W2006-00655-CCA-R3-CD View
Dyer County - The defendant, Edgar White, Jr., was convicted of driving under the influence (first offense) (DUI) and simple possession of marijuana, both Class A misdemeanors, and was sentenced to eleven months, twenty-nine days in jail for each, suspended to thirty days, to be served concurrently. On appeal, the defendant challenges both the sufficiency of the evidence that formed the basis of his convictions and the length of his sentence. We conclude that the evidence was sufficient to sustain both convictions, and we affirm the convictions. We also affirm the sentence imposed by the trial court.
Cases posted the week of 03/12/2007
State vs. Lee Turner - M2005-02749-CCA-R3-CD View
(Dissenting Opinion - View)
Marion County - The State charged the appellant, Lee Turner, with misdemeanor assault, and a Marion County Circuit Court jury convicted him of that offense. After a sentencing hearing, the trial court sentenced the appellant to eleven months, twenty-nine days to be served at seventy-five percent. On appeal, the appellant contends (1) that the trial court erred by giving the jury an improper “dynamite” or Allen charge after the jury announced it was deadlocked; (2) that the trial court erred by refusing to admit the victim’s prior juvenile conviction into evidence for impeachment purposes; and (3) that the trial court relied on unsubstantiated facts in determining the appellant’s sentence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
Bruce Alan Littleton vs. State - M2006-01675-CCA-R3-CO View
Humphries County - The Petitioner, Bruce Alan Littleton, filed a petition for “writ of error coram nobis and/or motion to challenge the legality of guilty plea.” The trial court summarily denied relief on the basis that the petition was time-barred. The issues raised by the Petitioner are not appropriately addressed in a petition for writ of error coram nobis and, insofar as the pleading may be considered a petition for post-conviction relief, the trial court properly determined that the statute of limitations had expired. The judgment of the Humphreys County Circuit Court summarily dismissing the petition is affirmed.
State vs. Albert Nance - M2006-01696-CCA-R3-CD 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, Rules of the Court of Criminal Appeals. The appellant has appealed the trial court’s order revoking his probation and ordering him to serve his sentence in incarceration. Upon a review of the record in this case, we are persuaded that the trial court was correct in revoking the appellant’s probation 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.
Joseph Hough vs. State - E2006-00782-CCA-R3-HC View
Johnson County - The petitioner, Joseph Hough, appeals the trial court's denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition presents no cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
State vs. Michael Hart - W2006-00783-CCA-R3-PC
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Madison County - The Appellant, Michael J. Hart, appeals the denial of his petition for post-conviction relief by the Madison County Circuit Court. Hart pled guilty to first degree felony murder, aggravated robbery, and felony evading arrest, and received an effective sentence of life without parole. On appeal, Hart contends that his pleas were not knowingly and voluntarily entered due to trial counsel’s ineffectiveness during the pre-plea proceedings. Following review, we affirm the judgment of the post-conviction court.
State vs. Ricky Hogan - W2006-01199-CCA-R3-HC
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Lauderdale County - Petitioner, Rickey Hogan, appeals the order dismissing his petition for a writ of habeas corpus, raising two issues: (1) whether his concurrent, forty-year sentences, imposed in 1985 for robbery with a deadly weapon and second degree murder, are void; and (2) whether the Department of Correction has miscalculated the expiration date of his sentences. Following our review, we affirm the habeas corpus court’s order of dismissal.
State vs. Jerome Sawyer - W2005-01813-CCA-R3-PC View
Shelby County - Following a jury trial, Petitioner, Jerome Sawyer, was convicted of aggravated sexual battery and sentenced to eighteen years in the Department of Correction as a Range II, multiple offender. This Court affirmed his conviction. Petitioner then filed a petition for post-conviction relief. After appointing counsel and conducting several hearings, the trial court denied his petition for post-conviction relief. In his appeal, Petitioner argues that he is entitled to post-conviction relief because (1) trial counsel provided ineffective assistance of counsel, and (2) the post-conviction court improperly allowed trial counsel to be examined outside of Petitioner’s presence. After a thorough review, we affirm the judgment of the trial court.
State vs. Billy Alfred Mathes - E2006-00414-CCA-R3-CD View
Greene County - The Defendant, Billy Alfred Mathes, was convicted by a Greene County jury of burglary. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of that crime and that his sentence of six years was excessive. Finding no error exists, we affirm the judgment of the trial court.
State vs. Scottie Ellis Clark - M2006-00693-CCA-R3-CD VIew
Franklin County - The Appellant, Scottie Ellis Clark, appeals the revocation of his probation by the Franklin County Circuit Court. In 2000, Clark entered a “no contest” plea to attempted aggravated sexual battery and received a six-year suspended sentence with supervised probation. In 2005, a probation violation warrant was issued alleging that Clark had violated his probation by committing new crimes. Clark asserts that the trial court abused its discretion when it revoked his probation and that the State engaged in prosecutorial misconduct which deprived him of due process during his revocation hearing. After review, we find no error and affirm the judgment.
Jerral D. Parris vs. State - M2006-00148-CCA-R3-CD View
Warren County - The Defendant, Jerral D. Parris, was indicted on two counts of extortion. A Warren County jury convicted the Defendant of two counts of attempted extortion. On appeal, the Defendant alleges the following: (1) attempted extortion is not a crime in Tennessee; (2) there was insufficient evidence to convict the Defendant of attempted extortion; (3) the trial court improperly denied a motion for a change of venue; (4) the trial court erred in refusing to allow the Defendant to test and inspect audio tape evidence; (5) the trial court erred in not declaring a mistrial after the Defendant was compared to a notorious murderer; (6) the trial court erred by failing to instruct the jury as to the affirmative defense to extortion; and (7) the trial court erred in sentencing the Defendant. After a thorough review of the record and applicable law, we determine that attempted extortion is a crime in Tennessee and that there was sufficient evidence to convict the Defendant of this crime. His conviction, however, must be reversed because the trial court improperly refused to allow a jury instruction on an applicable affirmative defense. Thus, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion.
State vs. Edgar Lewis Ries - M206-00814-CCA-R3-CD View
A Marshall County jury convicted the Defendant, Edgar Lewis Ries, of attempted first degree murder and conspiracy to commit first degree murder. The Defendant was sentenced to concurrent terms of twenty years for his convictions. On appeal, he alleges there was insufficient evidence to support his convictions and that the trial court erred when it sentenced him. Finding no error exists, we affirm the judgments of the trial court.
State vs. Christopher Richardson - M2006-01060-CCA-R3-C View
Davidson County - The Defendant, Christopher Nathaniel Richardson, pled guilty to one count of possession of a controlled substance with the intent to deliver, and he was sentenced as a Range II multiple offender to seven years of supervised probation, with the first year to be served on intensive probation. After two probation violation warrants were issued based upon two arrests and other violations, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. It is from this judgment that the Defendant now appeals, contending that, while the trial court was within its discretion to revoke his probation, his violation does not warrant the imposition of his entire sentence. Concluding there exists no error, we affirm the judgment of the trial court.
State vs. Clifford Johnson - W2006-01526-CCA-R3-CD View
Madison County - The defendant, Clifford Bryant Johnson, was convicted of one count of aggravated robbery, a class B felony, and sentenced to nine years in prison as a Range I, standard offender. The defendant appeals his conviction, claiming that the evidence is insufficient to support his conviction. We conclude that the evidence is sufficient and affirm the defendant’s conviction.
State vs. Michael Bailey - W2005-01815-CCA-R3-CD View
Shelby County - Defendant, Michael Bailey, was indicted on four counts of aggravated robbery. After a jury trial, Defendant was convicted on all four counts. Because the four counts represented four different theories of prosecution for the same criminal episode, the trial court merged the convictions and sentenced Defendant to thirty years as a career offender. After the denial of a motion for new trial, Defendant filed a timely notice of appeal. On appeal, Defendant challenges the sufficiency of the evidence, the trial court’s decision to admit evidence during rebuttal of another robbery committed by Defendant, the trial court’s refusal to instruct the jury on the lesser included offenses of theft and assault and the trial court’s decision to allow the State to impeach Defendant with evidence of his thirteen prior convictions for aggravated robbery. For the following reasons, the judgment of the trial court is reversed and the case is remanded for a new trial.
State vs. Phillip Johnson - W2006-00503-CCA-R3-CD View
Tipton County - The defendant, Phillip Eugene Johnson, was convicted by a Tipton County jury of statutory rape and sexual battery and was sentenced to an effective term of two years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and argues that prosecutorial misconduct caused the jury to render an adverse verdict. Following our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
Raymond Writer vs. State - E2006-00770-CCA-R3-PC View
Sullivan County - The Petitioner, Raymond Writer, was convicted by a Sullivan County jury of rape of a child. He was sentenced to serve twenty-five years at 100%. This Court affirmed the Petitioner’s conviction on direct appeal. The Petitioner filed a petition for post-conviction relief, asserting that he received the ineffective assistance of counsel, which the trial court denied. On appeal, the Petitioner’s sole issue is whether the trial court erred in determining that he received the effective assistance of counsel. We affirm the judgment of the trial court.
State vs. Jeffery McClennon Morris - E2006-00524-CCA-R3-CD View
Sevier County - The defendant, Jeffery McClennon Morris, was convicted of aggravated sexual battery, a Class B felony, as well as domestic assault and contributing to the delinquency of a minor, Class A misdemeanors. He was sentenced as a violent offender to fifteen years in the Department of Correction for the felony and concurrent sentences of eleven months and twenty-nine days for each misdemeanor. He raises three issues on appeal: (1) the sufficiency of the convicting evidence; (2) whether certain of his statements were admitted at trial in violation of Tennessee Rule of Criminal Procedure 16(a)(1)(A); and (3) the validity of his indictment for domestic assault. Following our review, we affirm the judgments of the trial court.
State vs. Charles Nathan Boling - E2005-02858-CCA-R3-CD View
Sullivan County - The defendant, Charles Nathan Boling, is aggrieved of his incarcerative sentence on his guilty pleas to multiple property-related offenses and a charge of attempt to obtain a controlled substance by fraud committed in Sullivan County. He insists on appeal that his age and the lack of a “long history” of criminal conduct merit suspending his sentence and placing him on probation or imposing a sentencing alternative to incarceration such as “half-way” house supervision or participation in a “boot camp” program. We disagree and affirm the trial court’s sentencing determination.
Chet Allen Walker vs. State - E2006-01188-CCA-R3-PC View
Hamilton County - Aggrieved of his convictions of first degree premeditated murder, setting fire to personal property, and abuse of a corpse, the petitioner, Chet Allen Walker, sought post-conviction relief, which was denied by the Hamilton County Criminal Court after an evidentiary hearing. On appeal, the petitioner argues that he received ineffective assistance of counsel because trial counsel failed to call a particular character witness. We affirm the denial of post-conviction relief.
State vs. Donald Michael Petty - M2006-00705-CCA-R3-CD View
Sumner County - The defendant, Donald Michael Petty, was indicted on one count of possession with intent to sell or deliver a Schedule I controlled substance, one count of possession with intent to distribute a Schedule II controlled substance, and one count of possession of drug paraphernalia. The defendant moved to suppress evidence resulting from the search warrant that led to the defendant’s arrest. The trial court granted the motion, and the state appeals. We conclude that the motion to suppress was properly granted and affirm the judgment of the trial court.
State vs. Mario Pisani - M2006-00550-CCA-R3-CD View
Rutherford County - The defendant, Mario Pisani, was convicted of seven counts of rape of a child, seven counts of rape, seven counts of aggravated sexual battery, eight counts of sexual battery by an authority figure, and seven counts of incest. The defendant was sentenced to an effective sentence of forty-two years in prison. The defendant appeals his convictions. We affirm the trial court’s convictions and sentence.
James Mario Starnes vs. State - M2006-00197-CCA-R3-PC View
Bedford County - The Petitioner, James Mario Starnes, entered an open guilty plea in the Bedford County Circuit Court to attempted second degree murder and especially aggravated robbery. He received an effective sentence of twenty-five years. He subsequently petitioned for post-conviction relief. In this appeal from the denial of post-conviction relief, the Petitioner argues (1) that he received the ineffective assistance of counsel, (2) that he entered an involuntary guilty plea, and (3) that an insufficient factual basis exists for his plea. Finding no error, we affirm the judgment of the trial court.
State vs. Chedrick Fitzgerald - E2006-00985-CCA-R3-CD View
Blount County - The defendant, Chedrick Fitzgerald, appeals from the Blount County Circuit Court’s probation revocation for his eight-year sentence for possession with intent to sell one-half gram or more of cocaine, a Class B felony. He claims that imposition of the full eight-year sentence is too harsh a punishment given the evidence. We hold that the trial court did not abuse its discretion and affirm its judgment.
State vs. Antonius Douglas - W2006-01750-CCA-R3-PC View
Hardeman County - The petitioner, Antonius C. Douglas, filed a post-conviction appeal following a guilty plea and conviction in Hardeman County Circuit Court. The trial court dismissed the petition, stating that the petition did not state a colorable claim. We conclude that the petition did state a colorable claim and therefore reverse the dismissal.
State vs. David Jimenez - W2006-00731-CCA-R3-CD View
Madison County - The Appellant, David Jimenez, appeals the Madison County Circuit Court’s revocation of his probation. In June 2000, Jimenez entered a best-interest guilty plea to Class D felony theft of property, Class D felony fraudulent use of a credit card, and to two counts of Class E felony failure to appear. As a result of these convictions, he received an effective eight-year suspended sentence. Jimenez was placed on supervised probation and allowed to return to Florida. In February 2005, a probation violation warrant was issued alleging that Jimenez had violated the terms of his probation by failing to report and by failing to pay restitution and costs. Following a revocation hearing, the trial court found Jimenez to be in violation of probation based upon a failure to report. The court subsequently revoked Jimenez’s probation and ordered that the effective eight-year sentence be served in confinement. On appeal, Jimenez argues that the evidence presented was insufficient to establish that he willfully violated the terms of his probationary sentence. After review of the record, we affirm the revocation of probation.
Cases posted the week of 03/05/2007
Edward Johnson vs. State - W2006-01409-CCA-R3-HC View
Shelby County- The petitioner, Edward Johnson, appeals the Shelby County Criminal Court’s denial of his petition for writ of habeas corpus that he filed while incarcerated awaiting trial for two counts of aggravated assault. Following our review, we affirm.
State vs. Barton Fowler - W2006-01262-CCA-R3-CD View
Dyer County - The defendant, Barton Lane Fowler, pleaded guilty to violation of the Motor Vehicle Habitual Offenders Act and was sentenced to two years in prison. On appeal, the defendant argues that the trial court erred in refusing to impose an alternative sentence. We conclude that the trial court acted properly in sentencing the defendant to prison and affirm the judgment of the trial court.
State vs. Wendell Washington - W2006-00922-CCA-R3-PC View
Shelby County- The petitioner, Wendell Daniel Washington, pled guilty in the Madison County Circuit Court to nine counts of child rape and one count of especially aggravated kidnapping and, pursuant to the plea agreement, received an effective forty-five-year sentence to be served at one hundred percent. In this appeal, he contends that he received the ineffective assistance of counsel and that he did not knowingly, intelligently, and voluntarily plead guilty. Upon review of the record and the parties’ briefs, we affirm the post-conviction court’s denial of relief.
State vs. Mark Schiefelbein - M2005-00166-CCA-R3-CD (Order) View
Amended Judgment - View
Williamson County - Mark A. Schiefelbein, through counsel, and the State of Tennessee, through the attorney general, upon the defendant’s appeal from the judgments of the Williamson County Circuit Court, where a jury convicted the defendant of seven counts of aggravated sexual battery and one count of especially aggravated sexual exploitation of a minor. Following extensive briefing, oral argument, and our review of the record and the applicable law, we modify the imposition of consecutive sentences but otherwise affirm the convictions and sentences.
State vs. Carolyn J. Nobles - M2006-00695-CCA-R3-CD View
Bedford County - The Defendant, Carolyn J. Nobles, pled guilty to three counts of check forgeries, and a jury found her guilty of sixty-eight check forgeries. The trial court sentenced the Defendant, a Range I offender, to an effective sentence of seventeen years and six months. On appeal, the Defendant contends that the evidence is insufficient to sustain her convictions and that the trial court erred when sentencing her by denying her alternative sentencing and by ordering that some of her sentences run consecutively. Concluding there exists no error, we affirm the judgments of the trial court.
Shannon Mayes vs. State - M2005-02910-CCA-R3-PC View
Wayne County - Following a jury trial, Petitioner, Shannon Mayes, was convicted of first degree murder and sentenced to life in prison. This Court affirmed his conviction on direct appeal. State v. Shannon Mayes, No. M2002-02091-CCA-R3-CD, 2004 WL 49111, at *1-4 (Tenn. Crim. App., at Nashville, Oct. 15, 2003), perm. app denied (Tenn. May 3, 2004). Petitioner then brought a petition for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court subsequently denied the petition. He now appeals that denial, arguing that he is entitled to post-conviction relief because his trial counsel was ineffective in failing to file a motion to suppress his statement to police. After a thorough review of the record, we affirm the judgment of the post-conviction court.
State vs. Stacey Joe Carter - M2005-02784-CCA-R3-CD View
Robertson County - The defendant, Stacey Joe Carter, was convicted by a Robertson County jury of vehicular homicide, a Class C felony, and driving on a suspended license, a Class B misdemeanor. The trial court imposed an effective sentence of ten years as a Range III, persistent offender to be served on probation. The state now appeals the imposition of sentence, arguing that the trial court abused its discretion in imposing the minimum sentence to be served on probation. Upon a full review of the record, arguments of counsel and applicable law, we agree and reverse the judgment of the trial court and remand the case for entry of judgment consistent with this court’s opinion.
State vs. Tyson Lee Day - M2006-00989-CCA-R3-CD View
Sumner County- The defendant, Tyson Lee Day, pleaded guilty to charges of driving under the influence (third offense) and driving on a revoked license and received sentences of 11 months, 29 days on the DUI charge and six months on the driving on a revoked license charge, both suspended to 120 days. Prior to the guilty plea, the defendant moved the court to suppress evidence taken during the traffic stop which led to the defendant’s arrest. This motion was denied; the resulting plea was taken subject to a certified question of law regarding the issue raised in the defendant’s motion. On April 28, 2006, the defendant filed this appeal. Following our review, we reverse the judgment of the trial court and dismiss the indictments.
State vs. Claude Thomas Davis - M2005-02007-CCA-R3-CD View
(Concur) - View
Putnam County - The defendant, Claude Thomas Davis, was convicted of driving under the influence, seventh offense (Class E felony); driving on a revoked license, third offense (Class A misdemeanor); and violation of the implied consent law (Class A misdemeanor) on October 26, 2004. He was sentenced to serve two years in the Department of Correction. On appeal, he contends that the trial court erred in denying his motion to suppress all evidence gathered by law enforcement at his home which is also a place of business located on the parking lot where the driving offense occurred. We affirm the judgments from the trial court.
State vs. Michael E. Lones - E2005-02777-CCA-R3-CD View
Washington County- The appellant, Michael E. Lones, pled guilty in the Washington County Criminal Court to rape, and the trial court sentenced him to eight years in confinement. On appeal, the appellant claims that the trial court erred by denying his request for probation. Upon review of the record and the parties’ briefs, we affirm the trial court’s denial of probation. However, we remand the case for entry of a corrected judgment.
Donnie W. Foulks vs. State - E2005-02558-CCA-R3-HC View
Johnson County - The petitioner, Donnie W. Foulks, petitioned the Criminal Court for Johnson County for relief from his allegedly illegal sentence. The trial court held that the petition demonstrated no basis for relief and dismissed the petition. The state moves this court to affirm the judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. We sustain the state’s motion and affirm the order of dismissal.
State vs. Thomas Edward Hogue - M2005-02874-CCA-R3-CD (Rehear Order) View
Davidson County - This cause came before the court upon the State of Tennessee’s petition for a rehearing, wherein the State posited that the court’s opinion in this cause incorrectly referred to the statutory provision for the writ of error coram nobis in civil cases when a reference to the statute governing criminal cases should have been used. We agree.
State vs. Thomas Edward Hogue - M2005-02874-CCA-R3-CD (Opinion filed/re-entered as of 2/28/07) View
Davidson County - Before the court is petitioner Thomas Edward Hogue’s appeal from the Davidson County Criminal Court’s dismissal of his October 2005 “Petition to Set Aside Guilty Plea and to Issue a Writ of Error Coram Nobis.” Based upon an untimely filing of the petition, we affirm the order of dismissal.
State vs. William Clay Bohanan, Jr. - M2006-00360-CCA-R3-CD View
Davidson County - The Appellant, William Clay Bohanan, Jr., was convicted by a Davidson County jury of felony escape and vandalism of property valued under $500, a Class A misdemeanor. On appeal, Bohanan raises two issues for our review: (1) whether the trial court erred in failing to charge the jury on the defenses of duress and necessity; and (2) whether the evidence was sufficient to support the convictions. Following review, the judgments of conviction are affirmed.
Jack Warren vs. State - M2006-00861-CCA-R3-PC View
Davidson County - The petitioner, Jack Warren, appeals the order dismissing his petition for post-conviction relief, arguing that because he received the ineffective assistance of counsel and was medicated, his guilty plea was not knowingly and voluntarily entered. Following our review, we affirm the post-conviction court’s order of dismissal.
State vs. Darrin Toni Webb - E2006-00736-CCA-R3-CD View
Hamilton County - The Defendant, Darrin Toni Webb, pled guilty in the Hamilton County Criminal Court to bribery of a public servant. Following a sentencing hearing, the trial court imposed a ten-year sentence as a Range III, persistent offender. On appeal, the Defendant argues that (1) the trial court erred in relying on Georgia convictions as prior felonies in order to classify him a Range III, persistent offender, (2) the trial court erred by ordering his sentence to be served consecutively to a prior federal sentence, and (3) his sentence amounts to cruel and unusual punishment. Although consecutive sentencing was proper and the Defendant’s sentence did not amount to cruel and unusual punishment, we must nonetheless reverse and remand the case to the trial court for resentencing because the record does not support the trial court’s finding that the Georgia convictions qualified as prior felonies for range classification purposes.
State vs. David Lynnon Alford - E2006-01101-CCA-R3-CD View
Blount County - The defendant’s probation officer obtained a probation violation warrant alleging that the defendant failed to provide his probation officer a valid address, failed to report to his probation officer, failed to pay court costs and failed to enter and complete ETHRA Domestic Violence Class. Following a hearing, the trial court revoked the defendant’s probation and ordered him to serve his originally-imposed eleven-month, twenty-nine-day sentence with a release eligibility of thirty-five percent. We have reviewed the record on appeal and affirm the judgment of the trial court.
Cases posted the week of 02/26/2007
State vs. Howard Gailand Bruff - E2006-01070-CCA-R3-CD View
Cumberland County - The defendant, Howard Gailand Bruff, was convicted of first degree premeditated murder, felony murder, and especially aggravated robbery. The murder convictions were merged, and the defendant received concurrent sentences of life and twenty-five years in prison. On appeal, the defendant contends that the evidence was insufficient to establish his convictions because the circumstantial evidence was not sufficient to prove his identity as the assailant, that he committed a theft against the victim, that he had the requisite intent to rob the victim to be convicted of felony murder, or that he killed the victim with premeditation. We conclude that the evidence is sufficient, and we affirm the judgments of the trial court.
Douglas B. Boruff vs. State - E2005-02714-CCA-R3-PC View
Blount County- The petitioner, Douglas B. Boruff, appeals the order dismissing his petition for post-conviction relief, arguing that he received the ineffective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s order of dismissal.
State vs. Calvin Fleming - W2006-00098-CCA-R3-CD View
Tipton County - The Defendant, Calvin Fleming, was convicted of attempted first degree murder and aggravated assault. The Defendant was sentenced, as a career offender, to an effective sentence of sixty years. On appeal, the Defendant contends that: (1) the trial court erred when it admitted photographs of the victim’s wounds into evidence because the State failed to authenticate them; (2) the evidence presented at trial was insufficient to support the Defendant’s convictions for attempted first degree murder because there was no proof of premeditation; and (3) his convictions for attempted first degree murder and aggravated assault violate constitutional principles of double jeopardy. Following our review, we affirm the judgment of the trial court as to the attempted murder, but we reverse the judgment as to the aggravated assault because the aggravated assault should have been merged into the attempted murder. Thus, we remand the case for the trial court to enter a judgment consistent with this opinion.
State vs. Anthony Goods - W2006-00849-CCA-R3-CO View
Lake County- The State appeals the habeas court’s grant of a petition for habeas corpus relief filed by the Petitioner, Anthony Keshun Goods. The Petitioner alleged in his petition that his sentence was illegal because he was sentenced to concurrent terms when the law required him to be sentenced to consecutive terms. On appeal, the State contends the statutory requirement of consecutive sentences does not apply to the Petitioner, his petition is not yet ripe, and the remedy set out by the habeas court is improper. Finding reversible error in the judgment of the habeas court, we reverse the judgment and dismiss the habeas corpus petition.
State vs. Raymond McKay - W2006-00920-CCA-R3-PC View
Fayette County - The Appellant, Raymond Earl McKay, appeals the dismissal of his petition for post-conviction relief by the Fayette County Circuit Court. McKay pled guilty to one count of theft of property valued between $1,000 and $10,000, a Class D felony, and was sentenced, as a career offender, to twelve years in the Department of Correction. On appeal, he asserts that his plea was not knowingly and voluntarily entered due to the ineffective assistance of counsel. After review, we conclude that McKay received erroneous advise from counsel during the plea bargaining process, which resulted in the entry of an involuntary and unknowing guilty plea. Finding both deficient performance and prejudice, the case is remanded to the trial court for withdrawal of the guilty plea.
State vs. Daniel Bradford - W2006-01166-CCA-R3-CD View
Hardin County - The Appellant, Daniel Eugene Bradford, appeals the sentencing decision of the Hardin County Circuit Court. Under the terms of a plea agreement, Bradford pled guilty to aggravated assault and misdemeanor assault, receiving concurrent sentences of three years for the felony conviction and eleven months and twenty-nine days for the misdemeanor conviction. The manner and service of the sentences were to be determined by the trial court. On appeal, Bradford challenges the trial court’s denial of probation. After review of the record, we affirm the judgment of the trial court.
State vs. John Suell Anderson - M2006-01231-CCA-R3-CD View
Putnam County - The defendant, John Suell Anderson, was arrested for driving under the influence in Putnam County. The defendant filed a motion to suppress claiming that his warrantless arrest was illegal because he had not committed a misdemeanor in the presence of the arresting officers; the trial court denied the motion. The defendant was convicted by a jury of driving under the influence, first offense, a Class A misdemeanor, and received a sentence of eleven months and twenty-nine days suspended to probation after the service of ten days in jail. The defendant now appeals the trial court’s denial of his motion to suppress. Following our review, we affirm the judgment of the trial court.
State vs. Jim Corbett Corder - M2005-02860-CCA-R3-CD View
White County - The defendant, Jim Corbett Corder, was convicted of attempted voluntary manslaughter and sentenced to four years in prison. On appeal, the defendant argues that the evidence is not sufficient to support his conviction. We conclude that the evidence is sufficient and affirm the judgment of the trial court.
Jermaine Ivory vs. State - M2006-01040-CCA-R3-HC View
Davidson County - The petitioner, Jermaine Ivory, appeals the Davidson County Criminal Court’s denial of his petition for habeas corpus relief. The trial court found that the petition failed to establish that the petitioner was entitled to habeas corpus relief. Following our review, we affirm the judgment of the trial court.
State vs. Jikinte Lashane Morris - M2005-02909-CCA-R3-CD View
Bedford County - The defendant, Jikinte Lashane Morris, was convicted of sale of a schedule II drug, fined $3,000, and sentenced to eleven years and nine months as a Range I standard offender. On appeal, Defendant argues that the evidence is not sufficient to support his convictions, and that the trial court abused its discretion by denying the jury access, as part of its deliberations, to the surveillance video introduced as evidence at trial. We conclude that the evidence is sufficient and that the trial court did not abuse its discretion regarding the surveillance video. Thus, we affirm the judgment of the trial court.
State vs. Miranda Sexton - E2006-01471-CCA-R3-CD View
Hamblen County -The defendant, Miranda Sexton, appeals from the Hamblen County Criminal Court’s denial of alternative sentencing in case numbers 05CR471, containing three counts, and 05CR472, containing five counts. The record supports the court’s order, and we affirm. However, we remand for correcting all judgments in case number 05CR471, for the correction of the judgments in counts one through four in case number 05CR472, and for the adjudication of count five in case number 05CR472.
State vs. Jermaine Rashad Carpenter - E2006-00775-CCA-R3-CD View
Sullivan County - The defendant, Jermaine Rashad Carpenter, appeals from the Sullivan County Criminal Court’s orders revoking his community corrections and probationary sentences. The record supports the orders of revocation, and we affirm the criminal court’s orders but remand for the correction of a clerical error in one judgment.
State vs. Grandon Day - M2005-01120-CCA-R3-CD View
Williamson County - Grandon Day, the defendant, after convictions on fourteen counts of aggravated kidnapping (Class B felony) and five counts of aggravated assault (Class C felony), now appeals. Specifically, the defendant contends that two aggravated kidnapping convictions should have been merged into aggravated assault convictions. Secondly, the defendant asserts that the trial court’s imposition of a fine totaling $82,500 was excessive and improper in any amount, due to the defendant’s indigency. After careful review, we have concluded that the kidnappings in question were separate and distinct offenses to the aggravated assaults. We have further determined that the fines imposed were appropriate under the sentencing guidelines and were not excessive. Accordingly, the judgments of conviction are affirmed.
State vs. Michael D. Gilliam - M2006-01528-CCA-R3-CD View
Montgomery County - The Defendant, Michael D. Gilliam, appeals from the order of the Montgomery County Circuit Court revoking his probation and ordering that his eight-year sentence be served in the Department of Correction. In December of 2003, the Defendant pled guilty to possession of .5 grams or more of cocaine for resale and received an eight-year sentence. The sentence was suspended following service of twenty days in the county workhouse, and the Defendant was placed on probation. On June 23, 2005, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original eight-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed.
State vs. Johnny L. Burns - M2005-01945-CCA-R3-CD View
Davidson County - The appellant, Johnny L. Burns, was convicted by a jury in the Davidson County Criminal Court of selling less than .5 grams of cocaine within 1,000 feet of a school zone. He was sentenced as a Range I standard offender to eleven years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s instruction on the lesser-included offense of casual exchange and the length of the sentence imposed. Upon review of the record and the parties’ briefs, we reverse the judgment of the trial court based upon erroneous jury instructions and remand for a new trial.
Richard Madkins vs. State - M2005-02873-CCA-R3-HC View
Davidson County - The petitioner, Richard Madkins, filed a February 2005 Davidson County Criminal Court petition for habeas corpus relief from his 1994 jury-tried conviction of especially aggravated robbery, for which he was originally sentenced to a term of 60 years and re-sentenced in 2003 to a term of 25 years. Before the habeas corpus court, the petitioner argued that he was illegally re-sentenced because the 1994 jury verdict and conviction were void and because, instead of re-sentencing, he should have been immediately released from custody. Following a hearing, the habeas corpus court dismissed the petition, and we affirm.
State vs. Demond Gardner - W2006-00170-CCA-R3-PC View
Shelby County - The Petitioner, Demond Gardner, filed a pro se petition for post-conviction relief claiming that he received the ineffective assistance of counsel. After appointing the Petitioner counsel and holding a hearing, the post-conviction court denied relief. The Petitioner filed this appeal, contending that he received the ineffective assistance of counsel. Finding no error, we affirm the judgment of the post-conviction court.
State vs. Jimmy Green - W2005-02623-CCA-R3-CD View
Madison County - The Defendant, Jimmy Wayne Green, was indicted for theft of property and two counts of assault. In accordance with a plea agreement, he submitted a best interest plea to one count of assault in exchange for the State dismissing the other count of assault and the theft charge. The trial court accepted the plea and sentenced the Defendant to eleven months and twenty-nine days, thirty days of which was to be served in confinement with the remainder to be served on probation. The Defendant now appeals, contending that the trial court erred when it sentenced him. Finding no error, we affirm the judgment of the trial court.
State vs. Donte Montgomery - W2006-00347-CCA-R3-CD View
Shelby County - The Petitioner, Donte Montgomery, pled guilty to one count of possession with the intent to sell more than 0.5 grams of cocaine, and the trial judge imposed a sentence of six years in the workhouse as a standard offender. The Petitioner filed a petition for post-conviction relief, which was dismissed by the post-conviction court after a hearing. On appeal, the Petitioner contends he was not afforded the effective assistance of counsel, and his guilty plea was not voluntarily entered. We affirm the judgment of the post-conviction court.
State vs. Scott W. Grammar - E2005-02604-CCA-R3-CD View
A Hamilton County jury convicted the Defendant, Scott W. Grammer, of three counts of aggravated sexual battery. The trial court sentenced the Defendant to eleven years for each conviction and ordered two of the sentences be served consecutively, resulting in an effective sentence of twenty-two years. The Defendant now appeals, asserting that: (1) the trial court erred when it permitted the victim to testify to instances of sexual abuse not included in the indictment; (2) the trial court erred when it excluded, pursuant to Rule 412 of the Tennessee Rules of Evidence, evidence of an alternative source of the victim’s sexual knowledge; (3) the trial court erred when it denied the Defendant’s motion for discovery of the victim’s medical and psychological records; (4) the Defendant’s right to a speedy trial was violated; (5) the State violated Rule 16(c) of the Tennessee Rules of Criminal Procedure by failing to provide the Defendant with some photographs and a poem written by the victim; (6) the trial court erred when it permitted the State to introduce excessive photographs of the victim into evidence; and (7) the jury’s verdict was improper. We affirm the judgments of the trial court.
State vs. Christopher Shane Harrell - E2005-01531-CCA-R3-CD View
Knox County - The Defendant, Christopher Shane Harrell, was convicted of first degree murder, attempted first degree murder, especially aggravated kidnapping, especially aggravated robbery, and evading arrest. The trial court sentenced the Defendant to life without parole plus twenty years of incarceration to be served consecutively. On appeal, the Defendant contends that: (1) the trial court erred when it instructed the jury; (2) the trial court erred when it refused his request to play his entire pretrial statement to the jury; (3) the evidence was insufficient to support his convictions; (4) the trial court erred when it admitted hearsay statements into evidence; and (5) the trial court erred when it overruled the Defendant’s objection to the State’s reference to him as a “coward” and a “murderous coward” in its closing argument. After thoroughly reviewing the record and the applicable authorities, we affirm the judgments of the trial court.
State vs. Zachary Henning - W2005-00269-CCA-R3-CD View
Lauderdale County - The defendant, Zachary V. Henning, was convicted at a jury trial in Lauderdale County Circuit Court of aggravated robbery, aggravated assault, and theft of property valued between $1,000 and $10.000. He was sentenced, as a Range I offender, to 10 years for aggravated robbery, three years for aggravated assault, and two years for theft of property. The trial court merged the conviction of aggravated assault with the aggravated robbery conviction and imposed the theft sentence to run concurrently with that for aggravated robbery, for an effective sentence of 10 years. On appeal, the defendant challenges the sufficiency of the convicting evidence and complains that his sentence is excessive. Upon our review of the record and the parties’ briefs, we conclude that the evidence is sufficient to support the jury’s guilty verdicts but that multiple convictions for aggravated robbery and theft violate double jeopardy protections. Accordingly, the defendant’s conviction judgments for aggravated assault and theft are vacated, and the jury’s “guilty verdict” for the theft is merged into the judgment of conviction of aggravated robbery. The defendant’s aggravated robbery sentence is affirmed, and we remand solely for the correction and entry of an appropriate judgment consistent with this opinion.
State vs. Frank Tate - W2004-01041-CCA-R3-CD View
Fayette County - Following a jury trial, Defendant, Frank Lee Tate, was convicted of aggravated rape, a Class A felony, and incest, a Class C felony. The trial court sentenced Defendant as a Range III, career offender, to concurrent sentences of sixty years for his aggravated rape conviction and fifteen years for his incest conviction. In his pro se appeal, Defendant challenges the sufficiency of the convicting evidence, the trial court’s evidentiary rulings, and his classification as a career offender for sentencing purposes. The State argues on appeal that the trial court erred in not sentencing Defendant to life imprisonment without the possibility of parole after finding that Defendant was a repeat violent offender. After a thorough review of the record, we affirm Defendant’s convictions and his sentence for his incest conviction. We set aside the sentence for aggravated rape, and remand this matter for a new sentencing hearing on the sole issue of whether Defendant should be sentenced as a repeat violent offender or as a career offender for his aggravated rape conviction.
Cases posted the week of 02/19/2007
State vs. Edwardo Rodriguez - M2005-02466-CCA-R3-CD View
Wilson County - The defendant, Edwardo Rodriguez, was convicted of two counts of rape of a child and two counts of aggravated sexual battery. The aggravated sexual battery convictions were merged into the rape of a child convictions, and the defendant was sentenced to consecutive terms of twenty years for each child rape conviction. On appeal, the defendant argues that the trial court erred (1) in allowing testimony regarding his viewing of pornography on the home computer, and the repeated and compounded error of allowing the state to introduce this evidence was reversible error; (2) in overruling his motions for a mistrial following testimony of other allegations of child molestation; and (3) in ordering consecutive sentencing. Upon review of the record and the parties’ briefs, we modify the defendant’s sentences to be served concurrently, rather than consecutively. In all other respects, the judgments of the trial court are affirmed.
State vs. Kenneth Workman - M2006-00441-CCA-R3-CD View
Giles County - The Defendant, Kenneth Workman, pled guilty in the Giles County Circuit Court to aggravated burglary, Class D felony theft, and Class D felony vandalism. Following a sentencing hearing, the trial court imposed an effective four-year sentence to be served in the Department of Correction and ordered restitution in the amount of $5000.00. In this appeal as of right, the Defendant argues that the amount of restitution is excessive. After a review of the record, restitution is reduced from $5000.00 to $2750.00. Otherwise, the judgments of the trial court are affirmed.
State vs. Elvin Williams - M2006-00287-CCA-R3-CO View
Davidson County - The defendant, Elvin Williams, pled guilty to the sale of less than .5 grams of cocaine and received an agreed upon sentence of six years and one month. Thereafter, the trial court ordered the defendant to serve his sentence in the Department of Correction. Following the dismissal of his motion for reduction of sentence, the defendant appealed. On appeal, the defendant argues that the trial court erred in finding that it was divested of jurisdiction pursuant to Tennessee Code Annotated section 40-35-212 and denying his motion for reduction of sentence. Following our review of the parties’ briefs and applicable law, we affirm the judgment of the trial court.
State vs. Raymond O. Long, Jr. - M2005-02960-CCA-R3-CD View
Davidson County - The defendant, Raymond O. Long, Jr., was convicted by a Davidson County jury of first and second degree murder. He was sentenced to life imprisonment for the first degree murder conviction and thirty-two years for the second degree murder conviction to be served consecutively. On appeal, he argues that the trial court erred: (1) in not allowing a complete jury voir dire; (2) in allowing testimony regarding his conduct toward the victim in violation of the rule against hearsay and Tennessee Rule of Evidence 404(b); (3) in excluding a videotape of a witness’s prior inconsistent statement; (4) in not acting as thirteenth juror because the jury verdict was against the weight of the evidence; and (5) in its sentencing determination. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
Billy Britton, III vs. State - M2006-00611-CCA-R3-PC View
Davidson County - The petitioner, Billy Britton, III, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of counsel. Following our review of the record and the parties’ briefs, we affirm the court’s denial of post-conviction relief.
State vs. Marvin Nance - E2005-01623-CCA-R3-CD View
Greene County - The Defendant, Marvin D. Nance, was convicted of aggravated sexual battery, and the trial court sentenced him to ten years in the Department of Correction. On appeal, the Defendant contends that: (1) the State failed to elect a set of facts upon which it was relying to sustain his convictions; (2) the evidence is insufficient to sustain his conviction; (3) the trial court erred by not granting him a mistrial after the State made allegedly improper argument; (4) the State committed a discovery violation; and (5) the trial court erred when it sentenced him. Finding no error, we affirm the judgment of the trial court.
State vs. Chico McCracken - W2005-01999-CCA-R3-PC View
Shelby County - The Petitioner, Chico McCracken, was convicted of one count of murder in the perpetration of a felony and one count of aggravated robbery. He petitioned for post-conviction relief claiming that he had received the ineffective assistance of counsel at trial. The post-conviction court dismissed the post-conviction petition, and we affirm that judgment.
State vs. Tarrean Nuby - W2005-02900-CCA-R3-CD View
Shelby County - The Defendant, Tarrean Nuby, was convicted by a Shelby County jury of attempted first degree murder and aggravated robbery. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of attempted first degree murder. Finding no error, we affirm the judgments of the trial court.
State vs. Artis Reese -W2006-00378-CCA-R3-CD View
Shelby County - The appellant, Artis Reese, was indicted on four counts of aggravated robbery, one count of possession of marijuana, and one count of aggravated criminal trespass. After a jury trial, the appellant was convicted of four counts of aggravated robbery and one count of aggravated criminal trespass. Following a sentencing hearing, the trial court merged two of the aggravated robbery convictions into the other two aggravated robbery convictions and imposed consecutive eight-year sentences on the resulting two convictions for aggravated robbery. The trial court sentenced the appellant to a concurrent sentence of six months for aggravated criminal trespass, resulting in an effective sentence of sixteen years. After the denial of a motion for new trial, this appeal followed in which the appellant challenges the sufficiency of the evidence. Because the evidence was sufficient to support the convictions, we affirm the judgments of the trial court.
State vs. Timothy Jowers - W2006-01487-CCA-R3-CD View
Henderson County - The appellant, Timothy Jowers, pled guilty to robbery and possession of contraband in a penal facility. As part of the plea agreement, the trial court approved a concurrent sentence of five years for each conviction. The appellant was ordered to complete a six-month inpatient treatment program for drug and alcohol abuse prior to serving the balance of his sentence on probation. Subsequently, a probation violation warrant was issued against the appellant, alleging that he failed to complete the six-month program as required by the trial court. The appellant filed a motion to revoke his own probation, asserting that he was incarcerated in Oklahoma serving a five-year sentence for a conviction in that state and admitting to the probation violation. The trial court denied the motion to revoke probation because the warrant had not yet been served on the appellant due to his incarceration in Oklahoma. After the warrant was finally served on the appellant, an amended probation violation warrant was filed and served on the appellant. The trial court held a hearing on the matter, revoked the appellant’s probation, and awarded the appellant jail credits for time served in Tennessee prior to his plea and for time served in incarceration after service of the probation violation warrant. On appeal, the appellant complains that the trial court improperly denied retroactive jail credits for time served in Oklahoma.
Fredrick L. Brown vs. State - E2005-02549-CCA-R3-HC View
Bledsoe County- The Petitioner, Fredrick L. Brown, Jr., appeals the summary dismissal of his petition for writ of habeas corpus. The Petitioner claims that the concurrent life sentences he is serving for two first degree murder convictions are illegal and void because the second offense was committed while he was out on bail for the first offense and that, under these circumstances, Tennessee law mandates consecutive sentencing. A recent decision of the Tennessee Supreme Court compels our conclusion that summary dismissal was proper. The judgment of the Bledsoe County Circuit Court is affirmed.
State v. Charles A. Green - M2006-01358-CCA-R3-CD View
Perry County- The defendant, Charles A. Green, was convicted on his guilty pleas of three counts of aggravated assault, a Class C felony. The defendant, a Range I offender, received four-year sentences, with two counts to be served consecutively, for an effective sentence of eight years. The effective sentence involved split confinement of one year in jail and seven years on probation. The trial court later found that the defendant had violated his probation by committing a new offense and revoked his probation. The defendant appeals, arguing that substantial evidence does not support that determination. We affirm the judgments of the trial court.
Andre Hicks v. State - M2006-00204-CCA-R3-PC View
Davidson County - Petitioner, Andre Hicks, appeals the order dismissing his petition for post-conviction relief, arguing that it should have been granted because he received ineffective assistance of counsel at trial. Following our review, we affirm the post-conviction court’s order of dismissal.
State vs. Danny L. Davis - E2005-02301-CCA-R3-CD View
Greene County - The defendant, Danny L. Davis, was convicted of vehicular homicide in the Criminal Court for Greene County. He was sentenced as a Range I, standard offender to six years in the Tennessee Department of Correction. On appeal, he raises the following six issues for review: (1) the trial court erred by failing to grant his motion of acquittal when the State failed to show time of death or cause of death through medical testimony; (2) the trial court erred in overruling his objection to the State’s opinion testimony regarding the speed of the defendant’s vehicle at the time of the accident; (3) the trial court erred in failing to grant a mistrial regarding the State’s opinion testimony; (4) the trial court erred in denying the defendant’s motion in limine to prohibit any testimony regarding the purchase of beer prior to the accident where consumption of alcohol was not an element of the alleged crime; (5) the trial court erred in using factors not submitted to the jury in determining the defendant’s sentence; and (6) the evidence was insufficient to support a finding of guilt for vehicular homicide. After careful review, we find no error exists and affirm the judgment of the trial court.
State v. Alvin Allen - M2005-02573-CCA-R3-CD View
Maury County - After a bench trial, the Maury County Circuit Court convicted the appellant of child rape and sentenced him to twenty years in confinement. In this appeal, the appellant claims (1) that the trial court erred by refusing to suppress his statement to police, (2) that the evidence is insufficient to support the conviction, and (3) that his sentence is excessive. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Cases posted the week of 02/12/2007
State vs. Anthony Bonds - W2006-00501-CCA-R3-CD View
Shelby County - The Appellant, Anthony Bonds, was convicted by a Shelby County jury of attempted especially aggravated robbery and sentenced to ten years in the Department of Correction. On appeal, Bonds raises the single issue of sufficiency of the evidence. Following review of the record, we conclude that the evidence is sufficient to support the verdict and, accordingly, affirm the judgment of conviction.
State vs. Barry Brown - W2005-01539-CCA-R3-CD View
Shelby County -The defendant, Barry Brown, was convicted of three counts of aggravated robbery, Class B felonies. Two of the counts of aggravated robbery were merged, and the trial court imposed a thirty-year sentence on each conviction, to be served consecutively to each other for an effective sixty-year sentence in the Department of Correction as a persistent offender. The defendant appeals claiming that: (1) the evidence was insufficient to support the verdict; (2) the trial court erred in failing to suppress pretrial statements made by the defendant; and (3) the trial court erred by granting the State’s motion to consolidate. We affirm the judgments of the trial court.
State vs. Pierre Andre Brown - W2006-01918-CCA-R3-PC View
Lake County - The Petitioner, Pierre Andre Brown, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
State vs. Eric Carter - W2006-01114-CCA-R3-HC View
Hardin County - The Petitioner, Eric Carter, appeals the trial court's order denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
State vs. Andre Neely - W2006-00601-CCA-R3-PC View
Shelby County - The Petitioner, Andre Neely, 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. After a review of the pleadings, the lower court’s order and the applicable law, this Court concludes that the lower court properly determined that the Petitioner’s claims were waived and properly dismissed the petition. Accordingly, we affirm the court’s dismissal.
Rose Marie Hernandez v. State - M2006-01123-CCA-R3-PC View
Bedford County - The Appellant, Rose Marie Hernandez, appeals the dismissal of her petition for post-conviction relief by the Bedford County Circuit Court. Hernandez pled guilty to seventy counts of forgery, which the trial court merged into thirty-five convictions of forgery, and received an effective sentence of thirty-three years and six months in the Department of Correction as a Range III persistent offender. On appeal, she asserts that her pleas were not knowingly and voluntarily entered due to the ineffective assistance of counsel. Hernandez argues that counsel was deficient in: (1) failing to adequately consult with her and failing to obtain and review discovery material; and (2) “misinform[ing] [her] about the sentencing and enhancing process.” Following review, we affirm the judgment of the post-conviction court.
Charles Wade Smith v. State - M2006-00897-CCA-R3-PC View
Perry County- Petitioner, Charles Wade Smith, III, was convicted by a Perry County jury of second degree murder and received a sentence of seventeen years as a violent offender. His conviction was affirmed on appeal. State v. Charles Wade Smith, III, No. M2001-01740-CCA-R3-CD, 2003 WL 22116629 (Tenn. Crim. App. Sept. 11, 2003). On September 9, 2004, the petitioner, through counsel, filed a petition for post-conviction relief alleging ineffective assistance of counsel related to the petitioner’s alleged impairment due to drugs or alcohol during the trial. After an evidentiary hearing, the trial court found that the petitioner had failed to prove any allegations by clear and convincing proof and denied the petition. Upon full consideration of the record, we agree and affirm the judgment of the trial court.
Michael Dwayne Edwards vs. State - M2006-01043-CCA-R3-HC View
Order denying Petition to Rehear
State vs. Douglas Sims - E2006-00380-CCA-R3-CD View
A Hamblen County Criminal Court jury convicted the appellant, Douglas Sims, of aggravated robbery, and the trial court sentenced him to sixteen years in confinement. The victim did not testify at trial. On appeal, the appellant claims that the trial court’s allowing the State to introduce a transcript of the victim’s preliminary hearing testimony into evidence violated his constitutional right to confrontation. Upon review of the record and the parties’ briefs, we conclude that the appellant is not entitled to relief and affirm the judgment of the trial court.
State vs. Bobby J. Russell - E2006-00884-CCA-R3-CD View
Anderson County - The appellant, Bobby J. Russell, pled guilty in the Anderson County Criminal Court to aggravated assault and agreed to a six-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that he serve his sentence in confinement. On appeal, the appellant claims that the trial court erred by denying his request for alternative sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State v. Kimberly Paige Smith - M2006-01221-CCA-R3-CD View
Marshall County - The appellant, Kimberly Paige Smith, pled guilty in the Marshall County Circuit Court to aggravated burglary and was sentenced as a Range I, standard offender to four years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of alternative sentencing. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State v. Jimmy D. Pickett - M2005-02434-CCA-R3-CD View
Franklin County - A Franklin County Circuit Court jury convicted the appellant, Jimmy Dale Pickett, of first degree premeditated murder and especially aggravated robbery, and the trial court sentenced him to concurrent sentences of life and twenty years, respectively. On appeal, the appellant claims (1) that he is entitled to a retrial because the State violated the rule of sequestration; (2) that the trial court erred by denying his motions to suppress his confessions; (3) that the trial court erred by allowing the jury to use a transcript, which had not been introduced into evidence, during deliberations; (4) that the trial court erred by refusing to give the jury a corpus delicti instruction; and (5) that the State committed prosecutorial misconduct during closing arguments. Finding no errors requiring reversal, we affirm the judgments of the trial court.
State vs. Donnie Thompson - W2006-00369-CCA-R9-CD View
Madison County - The appellant, Donnie Glenn Thompson, was indicted on one count of stalking his ex-wife. The appellant applied for pretrial diversion, and this request was denied by the district attorney general. The trial court denied the appellant’s petition for writ of certiorari, holding that the district attorney general had not abused his discretion by denying pretrial diversion. This Court accepted the appellant’s application for interlocutory appeal and issued a judgment in which we reversed the trial court’s decision and remanded the issue for further consideration by the district attorney general. The district attorney general denied the appellant’s application for pretrial diversion a second time. The appellant filed a second petition for writ of certiorari, which the trial court again denied. We have accepted the appellant’s second application for interlocutory appeal. Because the district attorney general considered the proper criteria when evaluating the appellant’s application for pretrial diversion, including evidence favorable to the defendant and because he articulated sufficient grounds for denying the appellant’s request for pretrial diversion, we affirm the trial court’s conclusion that the district attorney general did not abuse his discretion
State v. Alton Ray Thomas - M2006-00815-CCA-R3-CD View
Bedford County - The appellant, Alton Ray Thomas, pled guilty in the Bedford County Circuit Court to driving under the influence (DUI), fifth offense, and driving on a revoked licence, fifth offense. The trial court imposed a total effective sentence of three years, eleven months, and twenty-nine days. On appeal, the appellant challenges the trial court’s failure to grant alternative sentencing, specifically community corrections. Upon our review of the record and the parties’s briefs, we affirm the judgments of the trial court.
State v. Robert T. Downey - M2005-02335-CCA-R3-CD View
Montgomery County - The appellant, Robert Taylor Downey, was found guilty by a jury in the Montgomery County Circuit Court of especially aggravated robbery, conspiracy to commit especially aggravated robbery, aggravated burglary, and reckless endangerment. The appellant received a total effective sentence of twenty-four years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of his motion to suppress his videotaped oral and written statements, the trial court’s refusal to dismiss the indictments after a Rule 16 discovery violation by the State, the sufficiency of the evidence sustaining his especially aggravated robbery and conspiracy to commit especially aggravated robbery convictions, and the imposition of consecutive sentencing. The State concedes that the trial court failed to make the necessary findings for the imposition of consecutive sentencing and asks that the case be remanded. Upon review of the record and the parties’ briefs, we affirm the appellant’s convictions, but we remand to the trial court for a new sentencing hearing on the issue of consecutive sentencing.
Harvey Phillip Hester vs. State - E2005-01607-CCA-MR3-PC View
Hamilton County - The State appeals the Hamilton County Criminal Court’s granting the petitioner’s request for post-conviction relief from his convictions for two counts of second degree murder and one count of attempted second degree murder and effective sixty-two-year sentence. In this appeal, the State claims that the trial court erred by concluding (1) that the petitioner received the ineffective assistance of trial counsel and (2) that the petitioner did not voluntarily and knowingly waive his right to a twelve-member jury verdict. Upon review of the record and the parties’ briefs, we conclude that the trial court erred by granting the petitioner’s request for post-conviction relief and reverse the judgment of the trial court.
Roy Alvin Jenkins vs. State - E2006-01146-CCA-R3-HC View
Cumberland County- The pro se petitioner, Roy Alvin Jenkins, appeals from the summary dismissal by the trial court of his “Motion for Modification of Illegal Sentence.” We dismiss this appeal holding that Tennessee Rule of Appellate Procedure 3(b) does not authorize a direct appeal of a dismissal of a motion to correct an illegal sentence.
William Moree vs. State - E2005-02302-CCA-R3-HC View
Monroe County - The petitioner, William Moree, petitioned the Criminal Court for Monroe County for relief from his allegedly illegal sentence. Alternatively construing the pleading as one seeking habeas corpus, post-conviction, or other relief, the trial court found that it demonstrated no basis for relief and dismissed the petition. The state moves this court to affirm the judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. We sustain the state’s motion and affirm the order of dismissal.
State vs. Mark A. Schiefelbein - M2005-00166-CCA-R3-CD / M2005-02370-CCA-R10-CO View
A Williamson County Circuit Court jury convicted the defendant, Mark A. Schiefelbein, of seven counts of aggravated sexual battery and one count of especially aggravated sexual exploitation of a minor. The trial court imposed a 12-year sentence for each conviction and ordered consecutive service, thereby yielding an effective sentence of 96 years. Aggrieved of the convictions and sentences, the defendant appeals and raises the following issues: (1) the trial court erred by failing to require the State to furnish discovery materials to the defendant; (2) the trial court committed reversible error by configuring courtroom seating to shield the public from viewing certain exhibits; (3) the trial court improperly instructed the jury, sua sponte, to disregard certain truthful testimony of the defendant; (4) the trial court’s repeated questioning of State’s witnesses created an appearance of judicial bias and improperly bolstered the State’s case; (5) the trial court committed reversible error in excluding defense-proffered medical testimony that a physical examination of the victim rebutted the occurrence of sexual penetration, contact, or injury; (6) the trial court permitted the introduction of inadmissible and highly prejudicial hearsay and opinion testimony; (7) the trial court erroneously permitted the State to examine the defendant about his knowledge that a “voice stress analysis” could detect stress in an individual’s voice; (8) the trial court erroneously instructed the jury that the defendant could be guilty of aggravated sexual battery if he acted intentionally, knowingly, or “recklessly”; (9) the trial court erroneously instructed the jury that the State could prove the mental state for aggravated sexual battery in the disjunctive by showing that the defendant acted intentionally, knowingly, “or” recklessly; (10) the trial judge should be disqualified from further involvement in the case; and (11) the defendant’s effective sentence is excessive, illegal, and unconstitutional. As an adjunct to the issues raised on direct appeal, the defendant also pursues Appellate Procedure Rule 10 interlocutory review to bar future prosecution of three related child-rape charges that were severed, over his objection, from trial of the aggravated sexual battery and especially aggravated sexual exploitation of a minor offenses. After thorough review of the record and careful consideration of the parties briefs, their oral arguments, and the applicable law, we hold that none of the errors require reversal of the defendant’s convictions for aggravated sexual battery or for aggravated sexual exploitation of a minor. However, we hold that the incarcerative 96-years’ sentence is inconsistent with the purposes and principles of sentencing and does not provide a fair sense of predictability of the criminal law and its sanctions; therefore, we modify the defendant’s effective sentence from 96 years to 36 years. We order that the trial judge who presided at trial is disqualified from conducting any further proceedings in this cause. Finally, we dismiss the child-rape offenses, as improperly severed, and hold that further prosecution on such charges is barred by principles of double jeopardy
State v. Ronald S. Stric k - M2005-01990-CCA-R3-CD View
Davidson County - The defendant, Ronald S. Strick, is aggrieved of his convictions of theft of property under $500, false imprisonment, and extortion in connection with a “brawl” at a nightclub where he was supervising his security company’s employees. On appeal, he challenges the sufficiency of the convicting evidence, the introduction of the victim’s property that was the subject of the theft conviction and an officer’s testimony about that property, and the dual verdicts for theft and extortion; he also argues that prosecutorial misconduct in failing to honor an agreement never presented to the court requires dismissal of the charges. We affirm.
Cases posted the week of 02/05/2007
State v. Jamie Roskom - M2006-00764-CCA-R3-CD View
Bedford County - The Appellant, Jamie Roskom, was convicted by a Bedford County jury of violating the Sexual Offender Registration, Verification, and Tracking Act of 2004, a Class E felony. On appeal, Roskom argues that he was indicted for failing to “register” as a sexual offender, which is a violation of section 208 of the Act; however, he was convicted of failing to “report,” which is a violation of section 204. See T.C.A. § 40-39-208(1), -204(c) (Supp. 2004). As such, Roskom asserts that he was not given notice of the crime for which he was convicted, and there is “no proof that [he] [committed] the offense for which he was indicted.” After review of the record, we agree and conclude that the indicted offense of failing to “register” impermissibly varied from the proof at trial, which established the separate offense of failing to “report.” Accordingly, Roskom’s conviction for violation of the “sex offender registration act” is reversed and dismissed.
State vs. Vernita Freeman - W2005-02904-CCA-R3-CD View
Shelby County - The Appellant, Vernita Freeman, was found guilty by a Shelby County jury of first degree felony murder in the perpetration of aggravated child abuse, aggravated child abuse, and aggravated child neglect of her eleven-month-old daughter. For these convictions, Freeman received concurrent sentences resulting in an effective sentence of life imprisonment. On appeal, Freeman contends: (1) that the trial court erred in denying her motion to suppress her statement to the police; and (2) that the evidence is insufficient to support her convictions. Within her sufficiency argument, Freeman also contends that her dual convictions for aggravated child abuse and aggravated child neglect violate double jeopardy protections. After review, we conclude that Freeman’s suppression issue is without merit. Furthermore, we conclude that the evidence is legally sufficient to support her convictions of first degree felony murder and aggravated child abuse. Accordingly, those convictions are affirmed. We conclude, however, that the evidence is insufficient to support her conviction for aggravated child neglect. As such, this judgment of conviction is vacated and dismissed, and the case is remanded for entry of a corrected judgment form to reflect this holding for Department of Correction purposes.
State vs. Corey Anderson - W2006-01710-CCA-R3-HC View
Lauderdale County - The Appellant, Corey D. Anderson, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. In 1995, Anderson pled guilty to two counts of delivery of a controlled substance and received concurrent eight-year suspended sentences. In 1999, Anderson pled guilty to second degree murder, attempted especially aggravated robbery, and felon in possession of a handgun. As a result of these convictions, he received concurrent sentences of thirty-five years for second degree murder, thirteen years for especially aggravated robbery, and two years for felon in possession of a handgun. Anderson was sentenced as a Range II offender for each of the three imposed sentences, with the sentence for second degree murder to be served at 100% as a violent offender. The sentences imposed in 1999 were ordered to be served consecutively to the 1995 sentences. He is presently incarcerated in the West Tennessee State Prison. On appeal, Anderson asserts that the trial court erred in summarily dismissing his petition because he contends that his 1999 guilty pleas and resulting sentences were illegal, “as well as void,” as they were imposed outside the appropriate sentence range. Additionally, he argues that the trial court erred by failing to address his claim that his 1995 sentences for delivery of controlled substances had expired. After review, we affirm the judgment of the Lauderdale County Circuit Court.
State vs. Jerry Lynn Osborne, Jr. - E2006-01100-CCA-R3-CD View
Sullivan County - In May of 2005, the defendant,
Jerry Lynn Osborne, Jr., was indicted for one count of theft under
$500, seven counts of identity theft, and seven counts of fraudulent
use of a debit card. In July of 2005, the defendant was indicted
for one count of driving under the influence and one count of theft
over $1000. He pled guilty to all of the indicted charges and received
an effective sentence of four years in the Department of Correction.
The defendant requested an alternative sentence of either probation
or community corrections, which the trial court denied. The defendant
now argues that the trial court erred by denying his request for
an alternative sentence. We affirm the judgments of the trial court.
Jacques B. Bennett vs.
Virginia Lewis, Warden and State - E2006-01592-CCA-R3-HC View
Bledsoe County - The petitioner, Jacques B.
Bennett, pled guilty to first degree murder in 1992 and was
sentenced to life in prison. He petitioned for a writ of habeas
corpus, arguing that the judgment against him was void because
he was not present and not represented by counsel at his sentencing
hearing and because the trial court did not follow statutory
mandates in sentencing him. The trial court dismissed his petition
without a hearing. We affirm the judgment of the trial court.
State of Tennessee v. Kenneth
D. Hoover - M2006-00139-CCA-R3-CD View
Davidson County - The defendant, Kenneth D.
Hoover a.k.a. Kenneth Johnson, appeals his convictions and
sentence. The defendant was found guilty of second degree murder
(Class A felony), reckless endangerment (Class A misdemeanor),
and possession of a weapon with the intent to employ it in
the commission of a felony (Class E felony). The defendant
received an effective sentence of twenty-nine years. On appeal,
the defendant alleges that the trial court erred in admitting
certain autopsy photographs and erred in imposing an excessive sentence.
After review, we affirm the judgments of conviction and sentencing.
State of Tennessee v. Andrew Soimis - M2005-02524-CCA-R3-CD View
Putnam County - Andrew Soimis, the defendant, appeals
his conviction for second degree murder (Class A felony) on the sole ground
that the evidence was insufficient to support the conviction. After review,
we conclude that the evidence was sufficient, and we affirm the judgment
of conviction.
State vs. Gregory N. York - E2005-02642-CCA-R3-CD View
Campbell County - The defendant, Gregory
N. York, appeals from the suspension of his driver’s
license for two years as a result of violating the implied
consent law. The trial court used the defendant’s
prior Driving Under the Influence (D.U.I.) convictions that
were over ten years old to enhance the suspension from one
year to two years. The defendant urges this court to impose
the ten-year limitation contained in the D.U.I. statute to
the implied consent statute to bar the use of any prior D.U.I.
conviction more than ten years old. We decline this opportunity
and affirm the judgment from the trial court.
State v. Lindon Bottoms - M2006-00442-CCA-R3-CD View
Grundy County - The defendant, Lindon Bottoms, appeals
from the trial court’s order revoking his probation and reinstating his original sentence of three years. On appeal, the defendant presents two issues for review: (1) whether the trial court erred in allowing testimony of the defendant’s failure to report to a probation officer because this violation was not included in the probation violation warrant; (2) and whether the trial court erred in allowing hearsay testimony regarding the defendant’s criminal record. Following our review of the parties’ briefs
and applicable law, we affirm the judgment of the trial court.
State v. Emmanuel Harris - M2006-00458-CCA-R3-CD View
Dickson County - The defendant, Emanuel Lawrence Harris,
pled guilty to nine felony drug offenses and was sentenced to an effective
term of twenty-three years in the Department of Correction. On appeal,
he argues that the trial court erred in ordering that some of his sentences
be served consecutively. Upon our review of the record and the parties’ briefs,
we affirm the judgments of the trial court.
State vs. Tonya McMurray - E2006-00340-CCA-R3-CD View
Sullivan County- The defendant, Tonya McMurray, appeals
from the trial court’s denial of probation or alternative sentencing.
She pled guilty to bringing drugs into a penal institution (Class
C felony) and to delivering a Schedule IV controlled substance (Class
D felony), as a Range I offender. She received a sentence of three
years and a fine of $250 on count one, and a concurrent sentence of
three years and a $2,000 fine on count two. Although this defendant
is presumed to be a favorable candidate for alternative sentencing,
her long history of criminal conduct and failure of past efforts at
rehabilitation were more than adequate reasons to deny her any alternative
sentence. After careful review, we affirm the judgments from the trial
court.
State vs. Frank Ray Ruth - E2006-01008-CCA-R10-CD View
Hamilton County - The Defendant, Frank Ray Ruth, was
indicted for thirty-seven counts of filing false sales tax returns and
one count of Class C felony theft of property. The district attorney
general denied the Defendant’s application for pretrial diversion.
The trial court reversed, concluding that the district attorney abused
his discretion. The State obtained an interlocutory appeal from this
Court pursuant to Tennessee Rule of Appellate Procedure 10. Following
our review of the record, the judgment of the Hamilton County Criminal
Court ordering the district attorney general to grant the Defendant
diversion is reversed. This case is remanded to the trial court for
further proceedings.
State v. Jackie Lee Holliman - M2005-02139-CCA-R3-CD View
Davidson County - The defendant, Jackie Lee Holliman,
pleaded guilty in Davidson County Criminal Court to two counts of
attempted aggravated sexual battery. He agreed to two concurrent eight-year