Beginning October 2007 the AOC began posting opinions only as PDF files. We no longer post Word Perfect or other word processing files. If you do not have Adobe Acrobat Reader, click here to go to the Adobe site and download the FREE Acrobat Reader.
This Page Last Updated: November 08, 2007 at 10:52.49 hours
The following Opinions are available for viewing or download in PDF format:
Cases posted the week of 3/24/2008
State vs. Martha Ann Freeman and Rafael DeJesus Rocha-Perez -
M2006-02751-CCA-R3-CD
View
Davidson County - A Davidson County jury convicted the Defendants, Martha Ann Freeman and Rafael DeJesus Rocha-Perez, of the first-degree murder of Martha Freeman’s husband. On appeal, Freeman alleges that the trial court erred by: (1) admitting a nude photograph of Rocha-Perez; (2) refusing to allow Freeman to play a recording of a 911 call; and (3) refusing to grant her motion to sever. Rocha-Perez alleges the trial court erred by allowing a police officer to testify concerning a statement Freeman made in violation of the Confrontation Clause. Both Defendants allege there was insufficient evidence to support their convictions. After a thorough review of the record and applicable law, we affirm the judgments of the trial court.
State vs. David Wayne Jones and Helen O. Bonner - M2007-01163-CCA-R3-CD View
Warren County - The defendants, David Wayne Jones and Helen O. Bonner, entered pleas of guilty to one count of the attempted manufacture of methamphetamine. See T.C.A. § 39-17-417(a)(1), -12-101 (2003). Pursuant to Rule 37 of the Tennessee Rules of Criminal Procedure, each of the defendants reserved a certified question for appeal: “Did the Search Warrant and accompanying Affidavit that led to the search of the Defendant’s residence violate the United States and Tennessee Constitutions, as well as Tennessee Rule of Criminal Procedure 41(c), so as to render all of the evidence seized pursuant thereto, illegal and inadmissible?”. Because the warrant does not comply with the requirements of Rule 41, the judgment of the trial court is reversed, and the charges are dismissed.
State vs. Michael Finnell - E2007-01294-CCA-R3-HC VIew
Bledsoe County - In 1996, the Petitioner, Michael Finnell, pled guilty to two counts of aggravated rape and one count of aggravated burglary. For the aggravated rape convictions, the trial court imposed concurrent twenty-three year sentences, to be served at eighty-five percent. For the aggravated burglary conviction, the trial court imposed a five year sentence to be run at thirty percent, consecutive to the aggravated rape convictions. The Petitioner filed a petition for habeas corpus relief claiming the judgments were void because his two aggravated rape convictions should have statutorily been served at one-hundred percent. The habeas court agreed and granted relief as to the sentence. The Petitioner now appeals complaining that the eighty-five percent service was a “bargained-for” provision of his guilty plea, and, thus, his guilty pleas should also be set aside. After a thorough review of the record and applicable law, we affirm the judgment of the habeas court.
State vs. Christopher Cooper - E2007-01071-CCA-R3-CD View
Blount County - The defendant, Christopher Cooper, pleaded guilty to a charge of theft of property worth $10,000 or more but less than $60,000 and was sentenced in the Blount County Circuit Court to a sentence of four years, with 30 days to be served incarcerated on consecutive weekends and the balance to be served through supervised probation. On April 16, 2007, the court revoked the probation and ordered the defendant to serve six months in confinement and extended his subsequent probation period by one year. From that order, the defendant appeals and claims a lack of evidence to support revocation. Upon review, we affirm the judgment below.
State vs. James Harold Nelson - E2007-01648-CCA-R3-CD View
Sevier County - The Petitioner pled guilty to rape of a child, leaving the length of the sentence to be determined by the trial court. Following a sentencing hearing, the court enhanced the Petitioner’s sentence to twenty-five years based on a previous criminal conviction, previous criminal conduct, and abuse of a position of trust. The Petitioner appeals that decision, claiming the trial court should have mitigated his sentence because he pled guilty and allowed the victim and her family to avoid re-living the incident at trial. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.
State vs. Anthony Dustin Desanto - E2007-01009-CCA-R3-CD View
Sevier County - The Defendant, Anthony Dustin DeSanto, pled guilty to burglary and theft over $10,000, and the trial court sentenced him to a period of confinement and then probation. After seven months in jail, the Defendant was placed on probation. A probation violation warrant was then issued less than two years later, and, after a hearing, the trial court revoked the Defendant’s probation. On appeal, the Defendant alleges the trial court erred in this decision. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.
State vs. Glen Cook - W2006-01514-CCA-R3-PC View
Shelby County - The petitioner, Glen Cook, appeals the denial of his petition for post-conviction relief and argues that he received ineffective assistance of counsel and that he was sentenced improperly. Specifically, he argues that counsel failed to interview witnesses, never discussed trial strategy with the petitioner, and failed to file proper motions. After careful review, we affirm the judgment from the post-conviction court.
State vs. Scott Houston Nash - M2007-00792-CCA-R3-CD View
Dickson County - The Defendant, Scott Houston Nash, was convicted by a Dickson County jury of driving under the influence (fourth offense), a Class E felony, and sentenced to serve two years in the Department of Correction as a Range I, standard offender. In this direct appeal, the Defendant raises three issues for our review: (1) whether the trial court abused its discretion by failing to grant a mistrial after a witness spontaneously made hearsay statements regarding the Defendant’s prior convictions for driving under the influence; (2) whether it was an abuse of discretion for the trial court to allow a judicial commissioner to testify for the State about the Defendant’s drunken appearance the day he was arrested; and (3) whether recalling his jury for the latter part of his bifurcated trial—three days after it had been discharged without admonition by the trial court—violated his right to be free from double jeopardy as guaranteed by the United States Constitution. Following our review of the appellate record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Algie Lavell McClure - E2006-02556-CCA-R3-CD View
Hamilton County - The defendant, Algie Lavell McClure, appeals as of right his jury convictions in the Hamilton County Criminal Court for first degree premeditated murder, first degree felony murder, reckless endangerment, and aggravated burglary. The trial court imposed Range I sentences of two years and three years for the reckless endangerment and aggravated burglary counts, respectively. The two year sentence is to be served consecutively to the life sentence for the merged first degree murder conviction, with all other sentences to be served concurrently. The defendant contends on appeal that there is insufficient evidence to support his convictions, that the trial court erred in admitting evidence of numerous prior bad acts of the defendant through multiple witnesses, that the trial court erred in admission of impeachment evidence, and that the trial court erred by not giving a credibility instruction relative to expectations of favorable treatment certain witnesses may have had in exchange for their testimony. Following our review, we affirm the judgments of the trial court.
Adrian Wilkerson vs. Howard Carlton, Warden - E2007-00382-CCA-R3-HC View
Johnson County - The petitioner, Adrian Wilkerson, appeals from the denial of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Antonio Beasley, Sr. vs. State - E2007-01795-CCA-R3-PC View
Hamilton County - The petitioner, Antonio J. Beasley, Sr., appeals the Hamilton County Criminal Court’s dismissal of his June 21, 2007 “motion [for] writ [of] error coram nobis,” through which the petitioner apparently attacked a 1990 conviction of attempt to commit arson. The State of Tennessee has moved this court to summarily affirm the criminal court’s order pursuant to Rule 20 of the Tennessee Rules of the Court of Criminal Appeals. We agree that the case is appropriate for disposition via Rule 20, and we affirm the order of the criminal court.
State vs. Timothy Laron Lattimore - E2007-00204-CCA-R3-CD View
Blount County - A Blount County jury found the Defendant, Timothy Laron Lattimore, guilty of one count of second degree murder, one count of attempted second degree murder, one count of attempted first degree murder, one count of especially aggravated kidnapping, and one count of aggravated kidnapping. The trial court sentenced him to an effective sentence of forty years. The Defendant appeals on the ground that the jury improperly rejected his insanity defense. Finding no error, we affirm the trial court’s judgment.
State vs. Shawn Blair - M2006-02694-CCA-R3-CD View
Rutherford County - The Appellant, Shawn Blair, was convicted by a Rutherford County jury of possession of 300 grams or more of cocaine with intent to sell or deliver, a Class A felony, and simple possession of marijuana, a Class A misdemeanor. Following a sentencing hearing, Blair was sentenced to concurrent sentences of eighteen years and eleven months and twenty-nine days for the respective convictions. On appeal, Blair raises three issues for our review: (1) whether the evidence is sufficient to support the felony conviction, specifically whether he knowingly possessed 300 grams or more of cocaine; (2) whether the trial court erred in refusing to instruct the jury on the lesser-included offenses of (a) facilitation of a felony and (b) possession of 26 grams of cocaine or more, a Class B felony; and (3) whether the State improperly commented upon Blair’s right to remain silent during closing arguments. Following review, we conclude that failure to instruct on Class B felony possession of cocaine was error. Accordingly, we reverse and remand for a new trial.
Lorenzo Dupree Marthel vs. State - M2007-00459-CCA-R3-PC View
Davidson County - Petitioner, Lorenzo Dupree Marthel, appeals the post-conviction court’s denial of his petition for post-conviction relief in which he alleged that his plea of guilty to the offense of second degree murder was not voluntarily and knowingly entered into, and that his trial counsel rendered ineffective assistance. After a thorough review of the record, we affirm the judgment of the post-conviction court.
State vs. Frank Bennie Jackson, Jr. - E2006-02733-CCA-R3-CD View
Hamilton County - A Hamilton County grand jury indicted the defendant, Frank Bennie Jackson, Jr., for possession of cocaine for resale, driving without a license, and failure to stop at a traffic signal. The defendant filed a motion to suppress alleging that the search of his vehicle incident to a custodial arrest was illegal because he should have received a citation in lieu of arrest for driving without a license and running a red light, both class C misdemeanors. At the hearing on the motion to suppress, the trial court agreed and suppressed all evidence seized as a result of the search incident to arrest. It is from this order that the state now appeals. Following our review, we reverse the judgment of the trial court.
State vs. Maurice Nash - W2007-00321-CCA-R3-CD View
Tipton County - The Appellant, Maurice Lashaun Nash, appeals the sentencing decision of the Tipton County Circuit Court. Under the terms of a plea agreement, Nash entered guilty pleas to six felonies and one misdemeanor and received an effective ten-year sentence. The agreement provided that the ten-year sentence would run consecutively to an effective ten-year sentence which Nash was serving at the time of sentencing. The terms of the plea agreement also provided that the manner of service of the ten-year sentence would be determined by the trial court. Following a sentencing hearing, the trial court denied Nash’s request for alternative sentencing, which Nash now asserts was error. After review, the judgments of the trial court are affirmed.
State of Tennessee v. Brandon Thomas - M2007-00440-CCA-R3-CD View
Warren County - The defendant, Brandon D. Thomas, was convicted of one count of resisting arrest, a Class B misdemeanor; and three drug offenses including possession with intent to sell a Schedule II controlled substance (cocaine), a Class B felony; possession with intent to sell a Schedule III controlled substance (dihydrocodeinone), a Class D felony; and simple possession of marijuana, a Class A misdemeanor. He was sentenced to ten years in the Tennessee Department of Correction for the cocaine offense, eleven months and twenty-nine days on each of the other drug offenses and six months for the conviction for resisting arrest, with all the sentences to run concurrently for a total effective sentence of ten years as a Range I, standard offender. On appeal, he argues that the evidence was insufficient to support his cocaine conviction and that he was sentenced improperly. After careful review, we find that the defendant was sentenced improperly but not for the issues on which he appeals. The sentence of eleven months and twenty-nine days for the Class D felony conviction is illegal because the minimum sentence for a Class D felony is two years. We remand to the trial court for entry of a corrected judgment reflecting the minimum sentence and affirm the trial court as to the other raised issues.
State of Tennessee v. Gerry Hoover - M2007-01595-CCA-R3-CD View
Coffee County - A Coffee County jury convicted the Defendant, Gerry Hoover, of three counts of rape of a child, and the trial court sentenced him to an effective sentence of forty-eight years in prison. On appeal, the Defendant raises three issues: (1) the trial court erred by allowing a psychologist to testify about the child victim’s statements to her; (2) the evidence was insufficient to support his convictions; and (3) the sentence imposed was excessive. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.
State of Tennessee v. James Avery Stewart - M2007-01309-CCA-R3-CD View
Bedford County - The defendant, James Avery Stewart, pled guilty to four counts of selling Schedule II controlled substances. He was sentenced to ten years probation. The trial court revoked the defendant’s probation after he tested positive for controlled substances. The defendant was ordered to serve the balance of his sentences in confinement. On appeal, the defendant argues that the trial court improperly required the defendant to serve the balance of his sentences in confinement. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgments of the trial court.
State vs. Andre Anthony - W2007-00532-CCA-R3-PC View
Shelby County - The petitioner, Andre Anthony, was convicted by a Shelby County jury of criminal attempt to commit first degree murder, a Class A felony; especially aggravated robbery, a Class A felony; forgery over $1000, a Class D felony; and two counts of forgery over $500, a Class E felony. He received an effective total sentence of forty-six years. He seeks post-conviction relief and argues that he received the ineffective assistance of counsel. The trial court denied relief, and we affirm that judgment.
State vs. Shamarcus Hunt - W2007-01767-CCA-R3-CD View
Gibson County - The defendant, Shamarcus Antwan Hunt, was convicted of the sale of cocaine under .5 grams, a Class C felony, and possession of cocaine over .5 grams with intent to manufacture, deliver, or sell, a Class B felony. He was sentenced, respectively, to eight years and twelve years in the Department of Correction, to be served consecutively. On appeal, he argues that the evidence was insufficient to support his convictions and that the trial court should have declared a mistrial following allegedly improper remarks by the prosecutor during closing arguments. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgments to reflect that the defendant’s sentences are to be served consecutively, rather than concurrently.
Fallon Tallent v. State of Tennessee - M2007-01336-CCA-R3-PC View
Wilson County - The petitioner, Fallon Lynn Tallent, was convicted of two counts of first degree murder and received consecutive life sentences. The petitioner’s convictions were affirmed on appeal. The petitioner filed a post-conviction petition for relief which was dismissed. The petitioner appeals the decision of the post-conviction court. On appeal, she argues that she received the ineffective assistance of trial counsel and that her constitutional right to due process was violated because she was denied a preliminary hearing. Upon review of the record and the parties’ briefs, we reverse the decision of the post-conviction court and remand for appointment of counsel.
State of Tennessee v. Charles L. Rochell - M2007-00367-CCA-R3-CD View
Davidson County - The defendant, Charles L. Rochelle, was convicted of aggravated robbery and aggravated assault. Prior to trial, he pled guilty to felony evading arrest while operating a motor vehicle. The defendant was sentenced to twelve years for aggravated robbery, ten years for aggravated assault, and to eight years for evading arrest. The defendant’s sentences were ordered to run consecutively for a total effective sentence of thirty years. On appeal, the defendant argues: (1) that insufficient evidence existed to support his convictions, (2) that the trial court erred by permitting the state to enter the classified section of a local newspaper as rebuttal evidence, (3) that his sentences were excessive in length, and (4) that the trial court erred by imposing consecutive sentencing. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgments of the trial court.
Cases posted the week of 3/17/2008
State vs. Gary Joseph Latham - E2006-02262-CCA-R3-CD View
Cumberland County - The defendant, Gary Joseph Latham, was convicted by a Cumberland County Criminal Court jury of aggravated child abuse and sentenced to serve twenty-two years in the Department of Correction as a Violent Offender. In his appeal, he claims that the trial court erred in (1) denying the motion for judgment of acquittal, (2) admitting evidence of his prior acts toward the victim, (3) admitting a statement he made at the victim’s bedside in violation of the clergy-penitent privilege, and (4) admitting opinion testimony from two of the state’s expert witnesses. Concluding no error exists, we affirm the judgment of the trial court.
State of Tennessee v. John Biaselli - M2007-00129-CCA-R3-CD View
Bedford County - Appellant, John W. Biaselli, pled guilty to two counts of possession for resale of a Schedule II controlled substance. He was sentenced to eleven years in prison. On appeal, Appellant contends that the trial court erred in sentencing him to incarceration rather than an alternative sentence involving community corrections. It appears to this Court that Appellant is ineligible for community corrections under Tennessee Code Annotated section 40-36-106(c), the so called “special needs” provision of the Community Corrections Act, because he is ineligible for probation pursuant to Tennessee Code Annotated section 40-35-303. Moreover, Appellant is not eligible for a routine community corrections placement pursuant to Tennessee Code Annotated section 40-35-106(c) because he was found in possession of a weapon at his residence when found in possession of drugs. Finally, Appellant’s conduct demonstrated such a lack of potential for rehabilitation that he would not be entitled to community corrections even if he were statutorily eligible.
State of Tennessee v. Shundell Lynn Dickerson - M2006-02021-CCA-R3-CD View
Davidson County - The defendant, Shundell L. Dickerson, was convicted of facilitation of first degree murder (Class A felony) and sentenced as a Range III, persistent offender to sixty years in prison. He appeals his conviction and sentence. He argues the trial court erred in: (1) precluding him from entering into evidence an anonymous letter mailed to the police in which other persons were named as responsible for the crime; (2) limiting the questioning of a witness regarding his expectations of favorable treatment in exchange for his testimony; and (3) allowing the prosecutor to make improper remarks during closing argument. Finally, the defendant argues enhancement factors were improperly applied to increase his sentence. After careful review, we affirm the trial court with regard to the letter, the questioning of the witness, and the remarks of the prosecution. However, we remand to the trial court with regard to the issue of sentencing.
Claude Sharkey v. State of Tennessee, Cherry Lindawood, Warden -
M2007-00709-CCA-R3-HC View
Wayne County - The petitioner, Claude Sharkey, pro se, appeals the summary dismissal of his petition for habeas corpus relief. He claims that his indictments were deficient and that his sentences were improper. After review, we conclude his judgments are facially valid with no jurisdictional defect or illegal sentences. The summary dismissal is affirmed.
State vs. Alex L. Vance - M2007-01083-CCA-R3-CD View
Warren County - The Defendant, Alex L. Vance, pled guilty to reckless aggravated assault, a Class D felony, and reckless endangerment, a Class A misdemeanor. Sentencing was left to the discretion of the trial court. The trial court sentenced him to three years for the felony conviction and ordered that he serve four months in the county jail, with the remainder to be served on probation. He was also sentenced to a concurrent term of eleven months and twenty-nine days for the misdemeanor offense. On appeal, the Defendant argues that the trial court erred by denying his request for judicial diversion and by ordering a sentence of split confinement rather than full probation. Following our review, we affirm the sentences imposed by the trial court.
State vs. Lloyd Montgomery - M2007-00489-CCA-R3-CD View
Montgomery County - The Defendant, Lloyd Montgomery, appeals the judgment of the Montgomery County Circuit Court revoking his community corrections sentence and imposing confinement. The Defendant twice pled guilty to possession of less than .5 grams of cocaine and, consequently, he was placed in the Community Corrections Program. He was subsequently arrested on new drug charges, and a violation warrant was issued. The trial court ultimately suppressed the evidence underlying the new charges but revoked the Defendant’s community corrections sentence, concluding by a preponderance of the evidence that the Defendant illegally possessed drugs in violation of the conditions of his community corrections sentence. The Defendant appeals the revocation of his sentence, arguing that there was no evidence presented at the motion to suppress hearing to support the trial court’s finding that he possessed illegal drugs. The State concedes error on the merits of the issue. The trial court’s order of revocation is reversed, and the case is remanded for further proceedings consistent with this opinion.
State vs. Nicholas Shawn Marshall - M2007-00425-CCA-R3-CD View
Marshall County - The appellant, Nicholas Shawn Marshall, pled guilty in the Marshall County Circuit Court to three counts of aggravated burglary, and he received a total effective sentence of eight years incarceration 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 judgments of the trial court but remand for an entry of a corrected judgment reflecting that case number 17365 is to be served consecutively to case number 17364.
State vs. Alec Joseph Mesot - M2006-02599-CCA-R3-CD View
Separate Opinion, part Concurring, part Dissenting - View
Montgomery County - The Appellant, Alec Joseph Mesot, was convicted by a Montgomery County jury of five counts of rape of a child and one count of sexual exploitation of a minor. On appeal, Mesot challenges only his convictions for rape of a child, asserting: (1) that the evidence is insufficient to support the convictions because: (a) the State failed to sufficiently corroborate his confessions in order to independently establish the corpus delicti of the offenses and (b) the State failed to prove the element of penetration; and (2) that the trial court erred by failing to sua sponte provide a limiting instruction with regard to the introduction of pornographic images recovered from Mesot’s computer. Following review of the record, we conclude that the State has failed to produce independent evidence to corroborate Mesot’s confessions, which alone support the corpus delicti of the crimesof rape of a child. Accordingly, the evidence is insufficient with regard to those convictions. As such, the judgment of the trial court is reversed, and the five convictions for rape of a child are dismissed. Mesot’s remaining issues are without merit.
State vs. Edward Poe - M2007-01714-CCA-R3-CD View
Marion County - A Marion County Circuit Court jury convicted the defendant, Edward Poe, of one count of manufacturing a controlled substance, one count of attempted possession of a controlled substance with intent to sell, and one count of felony possession of drug paraphernalia. On appeal, he alleges that a directed verdict should have been granted based on the insufficiency of evidence as a whole, as well as based on insufficient evidence for the paraphernalia charge because there was no proof of intent to deliver the paraphernalia. He also alleges that the convictions for manufacturing a controlled substance and felony possession of drug paraphernalia were inconsistent and that the court should not have excluded testimony from a court clerk regarding the filing of the January 23, 2002 search warrant. Upon review, we affirm the judgments as modified.
State vs. Gary Shane Howell - M2007-00987-CCA-R3-CD View
White County - Defendant, Gary Shane Howell, was charged in a five-count indictment with the following offenses: (1) possession with intent to sell or deliver more than 0.5 grams of methamphetamine, a schedule II controlled substance; (2) possession with intent to sell or deliver diazepam, a schedule IV controlled substance; (3) possession of drug paraphernalia; (4) misdemeanor evading arrest; and (5) unlawful felonious possession of a handgun after being convicted of a felony drug offense. Defendant subsequently filed a “Motion to Dismiss and/or Suppress Evidence.” Following an evidentiary hearing, the trial court announced from the bench, “the Motion to Dismiss in this case is granted.” An order was later entered in which the trial court stated, “the defendant’s Motion to Suppress the evidence herein is granted.” The State appealed the trial court’s order pursuant to Tennessee Rule of Appellate Procedure 3(c). After a thorough review of the record and arguments of the parties, we affirm in part and reverse in part.
State vs. Thomas M. Sullivan - M2006-02039-CCA-R3-CD View
Williamson County - The defendant, Thomas M. Sullivan, was convicted of reckless homicide, a Class D felony. He requested judicial diversion or probation, but the court denied those motions and imposed a sentence of two years in confinement. On appeal, he contends that the trial court erred in denying his request for judicial diversion or alternative sentencing. After careful review, we conclude no error exists and affirm the judgment from the trial court.
State vs. Lamont Brown - W2007-00827-CCA-R3-CD View
Madison County - The Appellant, Lamont Christopher Brown, appeals the order of the Madison County Circuit Court revoking his probation. In January 2006, in two separate cases, Brown entered guilty pleas to misdemeanor possession of cocaine, misdemeanor possession of a Schedule IV controlled substance, Class C felony sale of cocaine, and two counts of Class B sale of .5 grams or more of cocaine and received an effective sentence of ten years in the Department of Correction. The sentences were suspended, and Brown was placed on supervised probation. In September 2006, a probation violation warrant was filed, in both cases, alleging numerous violations of the terms of Brown’s probation. Following a hearing, Brown’s probation was revoked, resulting in the reinstatement of his original sentences, which were ordered to be served in confinement. On appeal, Brown argues that “the trial court erred in revoking [Brown’s] probation and ordering that [Brown] serve his sentence.” Finding no abuse of discretion, the judgment of the trial court is affirmed.
State vs. Corey Finley - W2007-02321-CCA-RM-CD View
Shelby County - The Tennessee Supreme Court has remanded this case for further consideration of the defendant’s sentencing in light of State v. Gomez, 239 S.W.3d 733 (Tenn., Oct. 9, 2007). Although the defendant’s original 23-year sentence involved the use of enhancement factors that violated the defendant’s Sixth Amendment right to a jury trial, we hold that the sentence of 23 years is not plain error. Accordingly, the 23-year sentence is affirmed.
State vs. Maurice Nash - W2007-01203-CCA-R3-PC View
Tipton County - The petitioner, Maurice Lashaun Nash, 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. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed.
State vs. Rachel Michelle Langley - E2007-01343-CCA-R3-CD View
Blount County - The Defendant, Rachel Michelle Langley, pled guilty to identity theft and received a two-year sentence to be served on probation. Less than five months after her guilty plea, a probation violation warrant was issued alleging various violations. After a hearing, the trial court revoked the Defendant’s probation and ordered that she serve her sentence in jail. The Defendant appeals this judgment. Upon a thorough review of the record and applicable law, we affirm the trial court’s judgment.
State vs. Roger "Buck" Jones - E2007-01597-CCA-R3-CD View
Cocke County - The Defendant, Roger “Buck” Jones, pled guilty to one count of vehicular homicide, three counts of vehicular assault, one count of driving under the influence (“DUI”), one count of violating the registration law, one count of failure to obey traffic control devices, and one count of violating the financial responsibility law. The trial court sentenced him to eight years in prison as a Range I offender. The Defendant appeals only his sentence. Upon a thorough review of the record and applicable law, we affirm the trial court’s judgment.
State vs. Lonnie T. Lawrence and Patrick D. Pickett - E2007-00114-CCA-R9-CD View
Blount County - The appellant, the State of Tennessee, charged the appellees, Lonnie T. Lawrence and Patrick D. Pickett, with manufacturing methamphetamine, possession of methamphetamine, and vandalism. In this interlocutory appeal, the State argues that the trial court erroneously suppressed eighteen photographs of evidence discovered at the crime scene, an alleged methamphetamine laboratory. Upon review of the record and the parties’ briefs, we affirm the trial court’s order in part, reverse in part, and remand the case for trial.
Cases posted the week of 3/10/2008
State vs. Rufus Lamar Montgomery - E2007-01401-CCA-R3-CD View
Blount County - The defendant, Rufus Lamar Montgomery, pleaded guilty to possession of less than .5 grams of cocaine with intent to sell in exchange for a three-year sentence to be served as 90 days’ incarceration followed by probation. Within three months, the trial court had twice revoked the defendant’s probation. Upon the second revocation, the trial court ordered the defendant to fully serve the balance of his sentence. The defendant concedes that he violated the terms of probation but argues that the trial court erred by ordering him to serve the balance of the sentence in the Department of Correction. Discerning no error, we affirm the judgment of the trial court.
State vs. Ronald Frank Webb - E2006-01793-CCA-MR3-CD View
Cumberland County - The defendant, Ronald Frank Webb, was convicted by a Cumberland County Criminal Court jury of driving under the influence, third offense, a Class A misdemeanor, for which the court sentenced him to eleven months and twenty-nine days, with 120 days to be served in jail at seventy-five percent release eligibility. The defendant claims on appeal that the trial court erred in giving lengthy and confusing instructions to the jury and in commenting that the instructions were confusing. We affirm the judgment of the trial court pursuant to Tennessee Court of Criminal Appeals Rule 20.
State vs. Xavier Parks - W2007-00142-CCA-R3-PC View
Hardeman County - On August 10, 2006, Petitioner, Xavier C. Parks, pleaded guilty in Hardeman County to a single count of aggravated burglary and he was sentenced to six years of incarceration as a Range I Standard Offender. Petitioner did not appeal the sentence. On November 6, 2006, Petitioner filed a pro se post-conviction petition. He used a form post-conviction petition provided by the State of Tennessee and simply checked the boxes beside two common grounds alleged in post-conviction proceedings: (1) “conviction was based on unlawfully induced guilty plea or guilty plea involuntarily entered without understanding of the nature and consequences of the plea;” and (9) “denial of effective assistance of counsel.” The petition contained no facts which would support these alleged grounds for collateral relief, and the post-conviction judge dismissed the petition for that reason. We are constrained to agree with the post-conviction court and, therefore, affirm the dismissal.
Asata Lowe vs. State - E2006-02028-CCA-MR3-PC View
Blount County - A Blount County jury convicted the Petitioner, Asata Lowe, of two counts of first degree murder and one count of especially aggravated robbery, and he was sentenced to two concurrent life sentences without the possibility of parole. This Court affirmed his convictions and sentences on appeal. The Petitioner filed a petition for post-conviction relief claiming he was entitled to relief because he discovered new exculpatory evidence, the State failed to secure and disclose evidence favorable to him, and he did not receive the effective assistance of counsel. The post-conviction court denied the petition for relief. On appeal, the Petitioner raises the same claims, and, additionally, he asserts that the post-conviction court erred in refusing to allow him to redraft an amended petition in accordance with Holton v. State, 201 S.W.3d 626 (Tenn. 2006), and in failing to appoint expert witnesses during the post-conviction proceedings. The Petitioner also asserts that the cumulative effect of these errors, along with the harmless errors found in this Court’s opinion on direct appeal, constitute a deprivation of due process. After a thorough review of the record of proceedings, including the direct appeal, we conclude the post-conviction court did not err in denying the petition for post-conviction relief. We, therefore, affirm the judgment of the post-conviction court.
Jerry Dickerson vs. Howard Carlton, Warden - E2007-01967-CCA-R3-HC View
Johnson County - The pro se petitioner, Jerry Dickerson, appeals as of right the Johnson County Criminal Court’s summary dismissal of his petition for a writ of habeas corpus. The petition and subsequent amendments make various allegations regarding the sufficiency of the evidence to support his convictions, the trial court’s jury instructions, the state’s failure to disclose exculpatory evidence, defects in the indictment, and errors in the convicting court’s evidentiary rulings. The habeas court summarily dismissed the petition for failure to state a cognizable claim. Following our review, we affirm the judgment of the habeas court.
State vs. Randy Bray - M2007-01301-CCA-R3-CD View
Grundy County - A Grundy County jury convicted the Defendant, Randy Bray, of two counts of first-degree murder, and he was sentenced to two life sentences. On appeal, the Defendant alleges that: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when it instructed the jury on flight. After a thorough review of the applicable record and law, we affirm the judgments of the trial court.
Jerry Wayne Pointer vs. State - M2007-00384-CCA-R3-PC View
Davidson County - The petitioner, Jerry Wayne Pointer, appeals the denial of his petition for post-conviction relief. On appeal, he argues that he received ineffective assistance of counsel and specifically contends that counsel failed to: request funds for an expert witness, fully investigate in preparation for trial, challenge evidence, move for a mistrial, develop and request a jury instruction for an alibi defense, and conduct an effective cross-examination of the detective’s statement. After careful review, we affirm the judgment from the post-conviction court and conclude that counsel was not ineffective in his representation of the petitioner.
William Earl Wilson vs. State - M2007-00505-CCA-R3-PC View
Davidson County - The petitioner, William Earl Wilson, appeals the denial of his petition for post-conviction relief and argues that his guilty plea was not entered into knowingly and voluntarily and that he did not receive effective assistance of counsel. On December 8, 2005, the petitioner entered a plea of guilty to aggravated robbery, a Class B felony, and was sentenced to twenty years as a career offender. Specifically, the petitioner argues that his level of education and history of mental illness should invalidate his guilty plea and that counsel should have had him evaluated for competency prior to entering the guilty plea. After careful review, we affirm the judgment from the post-conviction court.
State vs. Noah Chris Russ - M2007-00676-CCA-R3-CD View
Lawrence County - Appellant, Noah C. Russ, pled guilty in Lawrence County to nineteen counts of TennCare Fraud and twenty counts of Obtaining Drugs by Fraud. The trial court placed Appellant on probation. His probation was subsequently revoked and reinstated with the condition that Appellant attend the drug court program. Appellant failed to meet the drug court program requirements and was terminated from the program. The trial court revoked Appellant’s probation and ordered him to serve his original six-year sentence in incarceration. Two years later, Appellant filed a motion requesting that the trial court give him sentencing credits for the time he spent in the drug court program. The trial court denied the request. On appeal, Appellant argues that the trial court erred in denying his request. Because the denial of a request for sentencing credits is not a proper ground for appeal under Rule 3(b) of the Tennessee Rules of Appellate Procedure, we dismiss the appeal.
Walter Ray Smith, Jr. vs. State - M2007-00376-CCA-R3-PC View
Rutherford County - Petitioner, Walter Ray Smith, Jr., was convicted by a Rutherford County jury of five counts of child rape. The trial court sentenced Petitioner to an effective sentence of forty years. Petitioner was unsuccessful on appeal. State v. Walter Ray Smith, Jr., No. M2003-01291-CCA-R3-CD, 2004 WL 112879, at *1 (Tenn. Crim. App., at Nashville, Jan. 23, 2004), perm. app. denied, (Tenn. June 21, 2004). Petitioner subsequently filed a petition for post-conviction relief in which he alleged he did not receive the effective assistance of counsel. The post-conviction court dismissed the petition following a hearing. Petitioner has appealed the dismissal. Petitioner argues that his trial counsel was ineffective in several ways. He argues that trial counsel failed to properly pursue the victim’s allegedly contradictory testimony and to contact two potential witnesses. He also argues that trial counsel failed to interview and prepare a third witness to testify. Petitioner also argues that trial counsel failed to preserve his right to speedy trial and to effectively communicate with Petitioner. In addition, Petitioner argues that the cumulative effect of these errors entitles him to a new trial. We have thoroughly reviewed the record on appeal and conclude that Petitioner has not met his burden establishing that trial counsel’s representation of Petitioner was in any way deficient. For this reason, we affirm the decision of the post-conviction court.
Ellis Junior Burnett vs. State - M2007-00572-CCA-R3-PC View
Separate Concurring Opinion - View
Cannon County - In 2001, a Cannon County jury convicted the Petitioner, Ellis Junior Burnett, of aggravated arson, and he received a twenty-three-year sentence. The conviction was affirmed by this Court on direct appeal. Subsequently, the Petitioner filed a petition for post-conviction relief, which was heard by the post-conviction court and denied. The Petitioner now appeals, claiming the post-conviction erred when it: (1) failed to give him a full and fair post-conviction evidentiary hearing; (2) denied his claim of ineffective assistance of counsel; (3) denied his claim that the trial court failed to properly instruct the jury as to lesser included offenses; and (4) denied his claim that the trial court failed to properly instruct the jury on circumstantial evidence. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.
State vs, Jeremy C. Watkiss - M2005-01003-CCA-R3-CD View
Jackson County - The defendant, Jeremy C. Watkiss, was convicted of passing a forged instrument in an amount greater than $10,000 but less than $60,000, a Class C felony. He was sentenced as a Range I standard offender to three years and ordered to serve ninety days in jail and six years on supervised probation. On appeal, the defendant argues that the trial court erred by admitting an affidavit of forgery into evidence in violation of the Confrontation Clauses of the Tennessee and United States Constitutions, and in violation of the Tennessee Rules of Evidence pertaining to admission of hearsay statements. Upon review of the record and the parties’ briefs, we dismiss the defendant’s appeal for failure to file a timely notice of appeal.
Dennis R. Gilliland vs. State - M2007-00455-CCA-R3-PC View
Dickson County - The Petitioner, Dennis R. Gilliland, convicted of felony murder, petitioned for DNA analysis under the Post-Conviction DNA Analysis Act of 2001. The Dickson County Circuit Court summarily dismissed the petition based upon the State’s response that the requested DNA comparison occurred prior to the Petitioner’s trial and the results were used as evidence of his guilt. The Petitioner now appeals, asserting that further DNA testing of the unidentified sample discovered in the victim’s truck may exonerate him and reveal the identity of the actual perpetrator. Because the DNA specimens gathered at the time of the offense have already been compared to the Petitioner’s and the victim’s blood samples, we affirm the order of summary dismissal.
State vs. Jamshid Maghami - M2007-01496-CCA-R3-CD View
Cheatham County - After a bench trial, the Defendant, Jamshid Maghami, was convicted of three counts of unlawfully maintaining an automobile graveyard. The trial court subsequently conducted a sentencing hearing and ordered consecutive terms of thirty days on each count. Five days were ordered to be served in the local jail, with the balance of the sentences to be served on probation. In this direct appeal, the Defendant argues that the evidence is insufficient as a matter of law to support his convictions and that the trial court erred by ordering consecutive sentences. Following a review of the sparse record, we affirm the judgments of the trial court.
Marcus Odom vs. State - M2007-00092-CCA-R3-PC View
Cannon County - The Petitioner, Marcus Odom, appeals from the Cannon County Circuit Court’s order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because he did not receive the effective assistance of counsel prior to and at the time of the entry of his guilty pleas. Following our review, we conclude that the Petitioner has not demonstrated that his trial counsel was constitutionally ineffective. Consequently, we affirm the post-conviction court’s order of dismissal.
Quintell Hardy vs. State - M2007-00543-CCA-R3-CD View
Rutherford County - The petitioner, Quintell Hardy, appeals the denial of his petition for post-conviction relief from his conviction for second degree murder, arguing that he was denied the effective assistance of counsel and that his guilty plea was unknowing and involuntary. Following our review, we affirm the denial of the petition.
Robert Hoffman, Jr. vs. State - M2007-01739-CCA-R3-PC View
Maury County - The pro se petitioner, Robert Hoffman, Jr., appeals the summary dismissal of his petition for post-conviction relief, arguing that his motion for reduction or correction of sentence should have tolled the one-year statute of limitations for filing the petition. Following our review, we affirm the post-conviction court’s dismissal of the petition as untimely.
Thomas L. Jackson vs. Cherry Lindamood, Warden - M2007-01567-CCA-R3-HC View
Wayne County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner has appealed the habeas court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
Young Bok Song vs. State - M2007-00404-CCA-R3-PC View
Davidson County - The petitioner, Young Bok Song, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the denial of the petition.
State vs. Alisha J. Glisson - M2006-02115-CCA-R3-CD View
Davidson County - The Defendant, Alisha J. Glisson, was convicted of felony murder, aggravated robbery, and three counts of attempted aggravated robbery. She was sentenced to an effective sentence of life imprisonment. On appeal, the Defendant presents a single issue for our review: whether the proof is sufficient to support her conviction for felony murder. She argues that the State failed to show that she was criminally responsible for the death of the victim and, alternatively, failed to sufficiently corroborate the testimony of the accomplices. After a review of the evidence in the record, we affirm the judgments of the trial court.
Robert J. Skillen vs. State - M2006-02524-CCA-R3-PC View
Davidson County - The petitioner, Robert J. Skillen, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his multiple convictions for rape of a child and sexual battery by an authority figure. He claims that the trial court erred in denying his claims that he was denied the effective assistance of counsel and that his guilty pleas were not knowing and voluntary. We disagree, and we affirm the trial court’s denial of his petition.
State vs. Gregory L. Sain - M2006-00865-CCA-R3-CD View
Rutherford County - Following a jury trial, Defendant, Gregory L. Sain, was found guilty of one count of delivery of a Schedule II drug to a minor, a Class B felony, one count of possession of a Schedule II drug with the intent to deliver, a Class B felony, one count of introduction of contraband into a penal facility, a Class C felony, one count of contributing to the delinquency of a minor, a Class A misdemeanor, and one count of simple possession of marijuana, a Class A misdemeanor. Following a sentencing hearing, the trial court sentenced Defendant as a Range III, persistent offender, to twenty years for each Class B felony conviction, ten years for his Class C felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction. The trial court ordered Defendant to serve his sentences concurrently, for an effective sentence of twenty years. On appeal, Defendant argues that the trial court erred in denying his motion to suppress, and that the evidence was insufficient to support his conviction of contributing to the delinquency of a minor. Defendant does not challenge the sufficiency of the evidence supporting his other convictions. The State appeals the trial court’s Range III, persistent offender, classification, arguing that Defendant’s prior history of criminal convictions mandates that he be classified as a career offender for sentencing purposes. After a thorough review, we conclude that the trial court did not err in denying Defendant’s motion to suppress and that there was sufficient evidence to sustain Defendant’s conviction of contributing to the delinquency of a minor. We also conclude that Defendant is a career offender for sentencing purposes and modify his two Class B felony sentences from twenty years to thirty years, and his Class C felony conviction from ten years to fifteen years, to be served concurrently, for an effective sentence of thirty years.
Michael L. Anderson vs. State, Cheryl Lindamood, Warden - M2007-01353-CCA-R3-HC View
Wayne County - Petitioner appeals the trial court’s dismissal of his petition for habeas corpus relief. Petitioner contends the trial court erred because the indictments on which his convictions are based are void, thereby denying the trial court the subject matter jurisdiction to convict him. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Charles Sanderson - M2007-00387-CCA-R3-CD View
Maury County - The defendant, Charles Sanderson, was convicted of first degree premeditated murder and sentenced to life without the possibility of parole. On appeal, he challenges the trial court’s rulings on several evidentiary issues and argues that there was insufficient evidence to support his conviction. Following our review, we affirm the judgment of the trial court.
Patrick Smotherman vs. State - M2007-01419-CCA-R3-PC View
Rutherford County - The Petitioner, Patrick Smotherman, pled guilty to selling more than .5 grams of cocaine. He petitioned the court for post-conviction relief, claiming that he did not receive the effective assistance of counsel and that his guilty plea was not voluntarily, knowingly, or intelligently entered. The post-conviction court denied relief, and it is from this judgment that the Petitioner now appeals. After reviewing the evidence and applicable law, we conclude that the post-conviction court did not err, and we affirm the judgment.
State vs Richard C. Taylor - M2005-01941-CCA-R3-DD View
Williamson County - The Defendant, Richard C. Taylor, was convicted by a Williamson County jury of one count of first degree murder, and he was sentenced to death. On appeal, he alleges twenty-three errors. Upon review, we conclude the trial court failed to consider the full panoply of evidence relevant to whether the Defendant knowingly and voluntarily waived his right to counsel. The Defendant is, thus, entitled to a new trial. Additional errors that also require reversal are as follows: the Defendant’s constitutional right to counsel was denied at a competency hearing; the trial court erred when it failed to hold a competency hearing during trial; and the trial court erred in failing to appoint advisory counsel. We also conclude that the trial court erred when it instructed the jury at the sentencing phase, which requires that the Defendant be given a new sentencing hearing. As such, we reverse the conviction and the sentence, and we remand the case for a new trial.
Cases posted the week of 3/3/2008
State vs. Willie McDonald - W2007-01001-CCA-R3-CD View
Madison County - The defendant, Willie McDonald, entered a best interest guilty plea to possession of marijuana with the intent to “sell/deliver,” a Class E felony. Under the terms of his plea agreement, he received a Range I, standard offender sentence of two years on probation. The defendant now appeals the trial court’s denial of judicial diversion. We hold that the trial court erred in denying judicial diversion, and we reverse the judgment of the trial court. We remand the case for entry of an order placing the defendant on diversion, provided the defendant is not disqualified pursuant to Tennessee Code Annotated section 40-35-313(a)(3).
State vs. Rickie James Stallings - E2007-02324-CCA-RM-CD View
Sevier County - The defendant, Rickie J. Stallings, appealed
his Sevier County Circuit Court convictions of attempted aggravated arson,
aggravated assault, assault, and possession of explosive components, and this
court affirmed the convictions and consecutive service of the sentences but
modified the effective sentence from 18 to 16 years. See State v. Rickie J.
Stallings, No. E2005-00239-CCA-R3-CD (Tenn. Crim. App., Knoxville, Jul. 26,
2006), reh’g denied (Tenn. Crim.
App. Oct. 3, 2006), perm. app. granted, case remanded (Tenn., Oct. 15, 2007).
On October 15, 2007, our supreme court remanded the case to this court for
reconsideration in light of the supreme court’s opinions in State v.
McGouey, 229 S.W.3d 668 (Tenn. 2007) (McGouey II), and State v. Gomez, 239
S.W.3d 733 (Tenn., Nashville, Oct. 9, 2007) (Gomez II). Following additional
briefing and oral argument, we modify the conviction of aggravated assault
to assault pursuant to McGouey II, impose a sentence of 11 months, 29 days
for the assault, and, pursuant to Gomez II, modify the sentence for attempted
aggravated arson to 10 years.
State vs. Sherry Huff - E2007-00236-CCA-R3-CD View
Blount County - The appellant, Sherry Huff, pled guilty
in the Blount County Circuit Court to three counts of fraudulently
obtaining food assistance, three counts of fraudulently obtaining temporary
assistance, and one count of aggravated assault. She received a total
effective sentence of three years. The appellant was granted probation
which was subsequently revoked. On appeal, the appellant challenges
the revocation of her probation. Upon review of the record and the
parties’ briefs, we affirm the trial court’s revocation
of the appellant’s probation.
Jerry Graves vs. State - E2007-00064-CCA-R3-PC View
Knox County - The petitioner, Jerry Graves, was convicted by a Knox County jury of first degree felony murder and especially aggravated robbery and received sentences of life and twenty-three years. He seeks post-conviction relief, contending that his trial counsel was ineffective. On appeal, he argues that the trial court erred in denying post-conviction relief because his trial counsel was ineffective in adopting a self-defense strategy at trial. We affirm the judgment of the trial court.
State vs. Scott G. Clevenger - E2007-00298-CCA-R3-CD View
Grainger County - The Appellant, Scott G. Clevenger,
was convicted by a Grainger County jury of one count of aggravated
sexual battery, one count of rape of a child, and two counts of incest.
He was subsequently sentenced to consecutive sentences of nine years
for aggravated sexual battery, twenty-five years for rape of a child,
six years for one count of incest, and ten years for the second count
of incest, resulting in an effective sentence of fifty years. On
appeal, Clevenger raises the single issue of “whether the statements by the [Appellant] should be suppressed because the [Appellant] did not knowingly waive his rights as required under Miranda prior to interrogation.” Because
the record reveals that no motion for new trial was filed in this
case, the issue is waived. See Tenn. R. App. P. 3(e). Moreover, we
conclude that the issue does not rise to the level of plain error.
Accordingly, the appeal is dismissed.
State vs. Tymetric Lejuan Graham - E2006-02502-CCA-R3-CD View
Hamilton County - The defendant, Tymetric Lejuan Graham, was convicted of aggravated robbery, a Class B felony, and was sentenced to twelve years as a Range I, standard offender. On appeal, he argues that his indictment charged attempted aggravated robbery only and that, therefore, the trial court erred in submitting the charge of aggravated robbery to the jury. We agree and reverse the judgment of the trial court. We remand for entry of a conviction and sentence for attempted aggravated robbery.
State vs. Charles Ray Harvey - E2006-00882-CCA-R3-CD View
Scott County - The defendant, Charles Ray Harvey,
appeals his conviction for first degree murder, for which he was
sentenced to life. The defendant claims (1) that the trial court
erred in denying his motion to suppress, (2) that the trial court
erred in denying his motion for new trial on the basis of newly discovered
evidence, and (3) that he was prejudiced by the trial court’s mid-trial reversal of a previous ruling on a motion in limine. We affirm the defendant’s
conviction.
Ellis Junior Burnett vs. State - M2007-00572-CCA-R3-PC View
Separate Concurring Opnion - View
Cannon County - In 2001, a Cannon County jury convicted the Petitioner, Ellis Junior Burnett, of aggravated arson, and he received a twenty-three-year sentence. The conviction was affirmed by this Court on direct appeal. Subsequently, the Petitioner filed a petition for post-conviction relief, which was heard by the post-conviction court and denied. The Petitioner now appeals, claiming the post-conviction erred when it: (1) failed to give him a full and fair post-conviction evidentiary hearing; (2) denied his claim of ineffective assistance of counsel; (3) denied his claim that the trial court failed to properly instruct the jury as to lesser included offenses; and (4) denied his claim that the trial court failed to properly instruct the jury on circumstantial evidence. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court.
State vs. Jeremy C. Watkiss - M205-01003-CCA-R3-CD View
Jackson County - The defendant, Jeremy C. Watkiss, was
convicted of passing a forged instrument in an amount greater than $10,000
but less than $60,000, a Class C felony. He was sentenced as a Range I
standard offender to three years and ordered to serve ninety days in jail
and six years on supervised probation. On appeal, the defendant argues
that the trial court erred by admitting an affidavit of forgery into evidence
in violation of the Confrontation Clauses of the Tennessee and United
States Constitutions, and in violation of the Tennessee Rules of Evidence
pertaining to admission of hearsay statements. Upon review of the record
and the parties’ briefs, we dismiss the defendant’s appeal
for failure to file a timely notice of appeal.
State vs. Jamshid Maghami - M2007-01496-CCA-R3-CD View
Cheatham County - After a bench trial, the Defendant, Jamshid Maghami, was convicted of three counts of unlawfully maintaining an automobile graveyard. The trial court subsequently conducted a sentencing hearing and ordered consecutive terms of thirty days on each count. Five days were ordered to be served in the local jail, with the balance of the sentences to be served on probation. In this direct appeal, the Defendant argues that the evidence is insufficient as a matter of law to support his convictions and that the trial court erred by ordering consecutive sentences. Following a review of the sparse record, we affirm the judgments of the trial court.
Marcus Odom vs. State - M2007-00092-CCA-R3-PC View
Cannon County - The Petitioner, Marcus Odom, appeals
from the Cannon County Circuit Court’s order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because he did not receive the effective assistance of counsel prior to and at the time of the entry of his guilty pleas. Following our review, we conclude that the Petitioner has not demonstrated that his trial counsel was constitutionally ineffective. Consequently, we affirm the post-conviction court’s
order of dismissal.
Cases posted the week of 2/25/2008
State v. James David Johnson - W2006-01842-CCA-R3-CD View
Tipton County - The defendant, James David Johnson, was
convicted of premeditated first degree murder; felony first degree murder;
aggravated robbery, a Class B felony; and theft over $10,000, a Class
C felony. The felony first degree murder conviction was merged with the
premeditated first degree murder, and a life sentence was imposed. The
defendant was sentenced to eighteen years as a multiple offender for aggravated
robbery and to fifteen years as a career offender for theft over $10,000.
The theft offense was set as concurrent to the aggravated robbery, but
the two, together, were consecutive to the life sentence. This resulted
in an effective sentence of life imprisonment plus eighteen years. On
appeal, the defendant submits three issues: (1) the evidence was insufficient
to support the convictions; (2) the trial court erred in failing to suppress
the defendant’s statements; and (3) the trial court erred in admitting
hearsay testimony. After review, we affirm the convictions.
State vs. Jashua Shannon Sides, Alias Joshua Shannon Sides -
E2006-01356-CCA-R3-CD View
Hamilton County - The defendant, Jashua Shannon Sides, alias Joshua Shannon Sides, was convicted of vehicular homicide by reckless conduct (Class C felony); leaving the scene of an accident involving death (Class E felony); reckless endangerment (Class E felony); and driving under the influence (Class A misdemeanor). The defendant received an effective sentence of ten years, eleven months and twenty-nine days. On appeal, the defendant raises four issues:
(1) The trial court erred in failing to instruct the jury on lesser included offenses of felony reckless endangerment and knowingly leaving the scene of an accident involving death.
(2) The trial court erred in denying counsel’s motion to withdraw
after the defendant had filed a complaint against counsel with the Board
of Professional Responsibility.
(3) The trial court erred in allowing the State’s expert to testify
to his opinion based on hearsay and facts not in evidence.
(4) The trial court erred in sentencing.
After review, we have found no reversible error and affirm all convictions and sentences.
State vs. Jesse Carl Page, Sr. - M2007-00485-CCA-R3-CD View
Warren County - The defendant, Jesse Carl Page, Sr.,
pled guilty to driving under the influence (DUI), T.C.A. § 55-10-401
(a), a Class A misdemeanor, and received a sentence of eleven months and
twenty-nine days, suspended after forty-eight hours in confinement. He
reserved on appeal a certified question regarding the legality of the
vehicle stop that led to his arrest. We agree with the trial court that
the stop was legal, and we affirm the judgment.
Justin Mills vs. Cherry Lindamood, Warden - M2007-01622-CCA-R3-HC View
Wayne County - The Petitioner, Justin Mills, appeals
the Wayne County Circuit Court’s summary dismissal of his petition for habeas corpus relief. The Petitioner was indicted for first degree felony murder and aggravated assault, and he ultimately pled guilty to second degree murder. The Petitioner argues that the felony murder charge was fatally defective and, thus, deprived the trial court of jurisdiction to enter judgment against him. Specifically, he argues that the indictment (1) did not charge that he committed the killing “unlawfully,”and
(2) did not set forth the elements of the underlying felony (aggravated
burglary) or reference the underlying felony statutes. The habeas corpus
court dismissed the petition, finding that the Petitioner had failed to
state a cognizable claim for habeas corpus relief. We agree and affirm
the order summarily dismissing the petition.
State vs. Olivia F. Swain - M2006-02736-CCA-R3-CD View
Sumner County - After pleading guilty to a violation
of probation in Sumner County, Appellant, Olivia F. Swain, was ordered
by the trial court to serve the remainder of her six-year effective sentence
in incarceration. Appellant contends that the trial court’s ruling was in error. Because the trial court did not abuse its discretion in revoking Appellant’s
probation and ordering her to serve her sentence in incarceration, we
affirm the judgment of the trial court.
State vs. Jerrie Bryant - M2007-02057-CCA-R3-CD View
Van Buren County - A Van Buren County jury convicted
the Defendant, Jerrie Bryant, of one count of second degree murder and
one count of abuse of a corpse. The trial court sentenced her to twenty-two
years in prison. The Defendants appeals, contending: (1) the evidence
is insufficient to sustain either of her convictions; (2) the trial court
erred when it failed to charge the jury on facilitation; and (3) the trial
court erred when sentencing her. After a thorough review, we affirm the
Defendant’s convictions, but we vacate her sentences, and we remand
the case for proceedings consistent with this opinion.
State vs. Joshua D. Griffith - M2007-00969-CCA-R3-CD View
Montgomery County - The Defendant, Joshua D. Griffith,
pleaded guilty to and was convicted of facilitation of aggravated robbery.
In accordance with his plea agreement, he was sentenced as a Range II,
multiple offender to serve eight years in the Department of Correction.
In this direct appeal, the Defendant appears to argue that he received
the ineffective assistance of counsel in that his sentence was improper.
Following our review of the record and applicable law, we dismiss the
Defendant’s appeal.
Christopher L. Williams vs. State - M2007-00386-CCA-R3-PC View
Davidson County - The petitioner, Christopher L. Williams,
appeals from the Davidson County Criminal Court’s summary dismissal of his petition for post-conviction relief. He claims that the trial court erred in dismissing his petition as untimely, contending that it was filed within one year of the issuance of the mandate following the direct appeal, that due process requires tolling of the statute, and that the trial court erred in holding that a delayed Rule 11 appeal was not available. We disagree, and we affirm the trial court’s
dismissal.
State vs. Gary M. Carter - M2006-02341-CCA-R3-CD View
DeKalb County - Defendant, Gary M. Carter, pled guilty to statutory rape, a Class E felony, with the length and manner of service of his sentence to be determined following a sentencing hearing. Defendant received a sentence of two years to be served in split confinement with nine months incarceration followed by four years probation. Defendant argues, on appeal, (1) that the trial court erred in denying full probation and (2) that the trial court abused its discretion in denying judicial diversion and not articulating the reasons on the record. After a thorough review of the record, we affirm the denial of judicial diversion and reverse the imposition of the sentence of nine months incarceration and remand to the trial court for an entry of an amended judgment imposing 7.2 months incarceration followed by four years probation.
Michael Brandon Adams - M2007-00396-CCA-R3-PC View
Sumner County - The petitioner, Michael Brandon Adams,
pleaded guilty to aggravated child abuse and was sentenced to eighteen
years in the Department of Correction. On post-conviction appeal, the
petitioner argues that he received ineffective assistance of counsel because
lead counsel failed to adequately investigate and interview witnesses,
failed to petition the court for funds for an independent medical evaluation
of the victim’s injuries, failed to have the petitioner evaluated for competency, and failed to ask for a change of venue. Additionally, the petitioner claims that his guilty plea was not knowing and voluntary as a result of lead counsel’s
ineffective assistance. We affirm the judgment of the trial court.
State vs. Tommy DeWayne Smith - M2007-00932-CCA-R10-CO VIew
Sumner County - Defendant, Tommy DeWayne Smith, was charged
with the crimes of statutory rape, criminal exposure to HIV, and sexual
exploitation of a minor. The State denied Defendant’s request for pretrial diversion. The trial court, after conducting a hearing and reviewing the record available to the district attorney general, denied Defendant’s
writ of certiorari. Defendant was granted an interlocutory appeal pursuant
to Rule 10 of Tennessee Rules of Appellate Procedure. After a thorough
review of the record, we affirm the judgment of the trial court.
Hugh Andrew Nicely vs. State - M2006-01892-CCA-R3-PC View
Robertson County - The State appeals the Robertson County
Circuit Court’s granting the petition for post-conviction relief
from the convictions for rape of a child, aggravated rape, and aggravated
sexual battery and effective fifty-three-year sentence. On appeal, the
State argues that the post-conviction court erred in finding that the
petitioner received ineffective assistance of counsel at trial. Following
our review, we conclude that the post-conviction court erred in granting
the petition for post-conviction relief and reverse the judgment of the
court. The petitioner is to be returned to the custody of the Tennessee
Department of Correction.
Kenneth Carruthers vs State - M2007-00929-CCA-R3-PC View
Davidson County - The Petitioner, Kenneth Carruthers,
appeals from the Davidson County Criminal Court’s order dismissing his petition for post-conviction relief. He argues that the dismissal was erroneous because, prior to pleading guilty to one count of second degree murder, he did not receive the effective assistance of counsel guaranteed him by the United States and Tennessee constitutions, and therefore, his plea was entered involuntarily. Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not demonstrated that trial counsel was constitutionally ineffective or that his plea was involuntary. Consequently, we affirm the post-conviction court’s
order of dismissal.
William Miller vs. State - M2007-00487-CCA-R3-PC View
Warren County - he petitioner, William Miller, pleaded guilty to sale of more than .5 grams of cocaine, a Class B felony, and two counts of sale of less than .5 grams of cocaine, Class C felonies, in exchange for an effective sentence of 12 years. On post-conviction appeal, the petitioner argues that his guilty plea was unlawfully induced and entered without an understanding of the consequences, that the prosecution failed to disclose favorable evidence, and that his trial counsel was ineffective by failing to investigate alibis and inform him of opportunities to appeal motions. Discerning no error, we affirm the denial of post-conviction relief.
State vs. Michael V. Morris - M2006-02738-CCA-R3-CD View
Davidson County - The defendant, Michael V. Morris, was
convicted of one count of aggravated robbery, a Class B felony. He was
sentenced as a career offender to thirty years in confinement at sixty
percent. On appeal, the defendant argues that the evidence was insufficient
to sustain a conviction for aggravated robbery, and the statements he
made to police while in custody were involuntary and should have been
suppressed. Upon review of the record and the parties’ briefs, we
affirm the judgment of the trial court.
Boyd W. Molloy vs. Ricky Bell, Warden - M2007-01337-CCA-R3-HC View
Davidson County - The pro se petitioner, Boyd W. Molloy,
appeals as of right the Davidson County Criminal Court’s summary
dismissal of his petition for a writ of habeas corpus. The petitioner
alleges that he is entitled to habeas corpus relief because his sentence
was imposed in violation of Blakely v. Washington, 542 U.S. 296, 124 S.Ct.
2531 (2004). Following our review, we affirm the judgment of the habeas
corpus court.
State vs. Doris Nell Jones - M2007-00791-CCA-R3-CD View
Lawrence County - A Lawrence County jury convicted the
defendant, Doris Nell Jones, of one count of second degree murder. The
trial court sentenced the defendant to eighteen years in the Department
of Correction. On appeal, the defendant argues that the trial court erred
by allowing certain out of court statements into evidence, and that the
state engaged in prosecutorial misconduct based on certain statements
made during closing argument. Because the notice of appeal was not timely
filed and the record does not support a waiver of the timeliness of the
notice, we conclude that we are without jurisdiction to consider the defendant’s
appeal. Accordingly, the appeal is dismissed.
State vs. Cheryl Bass - M2006-02563-CCA-R3-CD View
Williamson County - The defendant, Cheryl Bass, was convicted
by a jury of criminal simulation with a value of less than $1,000, theft
of property greater than $1,000 but less than $10,000, tampering with
the evidence, and forgery. The defendant was sentenced to one year for
criminal simulation, a Class E felony; three years for theft, a Class
D felony; four years for tampering with evidence, a Class C felony; and
one year for forgery, a Class E felony. At her sentencing hearing the
trial court ordered the defendant’s sentences to run concurrently
and imposed a total effective sentence of four years. On appeal, the defendant
argues that there was insufficient evidence to sustain her convictions,
the trial court improperly sentenced her to four years confinement, the
court improperly assessed fines against her, and the trial court failed
to grant a new trial in light of newly discovered evidence. In addition,
the defendant argues that the jury received improper instructions and
that violations of her Fourth Amendment right against search and seizure
warrant suppression of the evidence against her. Upon review, we affirm
the judgments of the trial court.
State vs. Craig Beene - W2007-01748-CCA-R3-HC View
Hardeman County - The Petitioner, Craig L. Beene, appeals
the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s
dismissal.
State vs. Nathaniel Henderson - W2006-02276-CCA-R3-HC View
Hardeman County - The Petitioner, Nathaniel 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 allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s
dismissal.
State vs. Rudolph Powers - W2007-01245-CCA-R3-HC View
Lake County - The Petitioner, Rudolph Powers, 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 prerequisites for seeking habeas corpus relief. Accordingly, we affirm the trial court’s
dismissal.
State vs. Billy Shelley - W2007-02039-CCA-R3-HC View
Hardeman County - The Petitioner, Billy R. Shelly, appeals
the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we affirm the trial court’s
dismissal.
State vs. Thomas Whittenberg - E2007-00625-CCA-R3-CD View
Knox County - The appellant, Thomas Whittenberg, pled
guilty in the Knox County Criminal Court to accessory after the fact
of first degree murder and arson. The plea agreement provided that
the appellant would be sentenced as a Range II multiple offender to
concurrent four year sentences on each count. The appellant applied
for probation, which application was denied. On appeal, the appellant
challenges the denial of probation. Upon our review of the record and
the parties’ briefs, we affirm the judgments
of the trial court.
State vs. Larry D. LaForce, II - E2007-00334-CCA-R3-CD View
Hamblen County - The defendant, Larry D. LaForce,
II, appeals as of right from his jury conviction in the Hamblen County
Criminal Court for coercion of a witness, a Class D felony, for which
he received a sentence of three years as a Range I, standard offender.
On appeal, the defendant contends that the evidence is insufficient
to support his conviction. Additionally, he claims that the trial court
erred in denying his motion to sever offenses, that the trial court
committed plain error in instructing the jury regarding the elements
of coercion of a witness, that the trial court erred in instructing
the jury regarding the dismissal of the aggravated assault charge,
and that the cumulative effect of the errors resulted in a denial of
due process which denied the defendant of his right to a fair trial.
The state argues that the evidence is sufficient to support the conviction
for coercion of a witness, that trial court correctly denied the motion
for severance, and that trial court instructed the jury properly. Additionally,
the state alleges that the trial court erred in dismissing the aggravated
assault charge on variance grounds. Following our review, we conclude
that the trial court erred in dismissing the aggravated assault charge
and that none of the defendant’s allegations of error merit relief.
Therefore, the judgment of the criminal court is affirmed in part and
reversed in part; the case is remanded for further proceedings consistent
with this opinion.
State vs. Naomi Preyer - W2007-00905-CCA-R3-CD View
Tipton County - The appellant, Naomi Lovell Preyer,
appeals the sentencing decision of the Tipton County Circuit Court.
Pursuant to a plea agreement, Preyer pled guilty to identity theft
and forgery, both Class D felonies. Following a sentencing hearing,
the trial court imposed concurrent sentences of twelve years, as
a career offender, for each conviction and ordered that the sentences
be served in confinement. On appeal, Preyer asserts that the trial
court’s denial
of a community corrections sentence was error. Following review of the
record, we affirm.
State vs. Marvin Richard Rauhuff - E2007-00057-CCA-R3-CD View
Knox County - In April 2005, a Knox County grand
jury indicted the defendant, Marvin Richard Rauhuff, on one count
of driving under the influence (DUI), third offense. Following a
jury trial in Knox County Criminal Court, the defendant was convicted
of the sole count of the indictment and was sentenced to eleven months,
twenty-nine days in jail, with the defendant to serve 120 days in
jail and the balance of his sentence on probation. The defendant
appeals, arguing that the evidence was insufficient to sustain his
conviction, and that his due process rights were violated by the
state’s failure to turn over evidence of a blood alcohol test indicating that the defendant’s
blood alcohol content (BAC) was below .08%. After reviewing the record,
we find no error and affirm the judgment of the trial court.
State vs. Mitchell Simpson - E2007-00866-CCA-R3-CD View
McMinn County - In August 2006, the McMinn County Circuit
Court, after a hearing, revoked the probation of the defendant, Mitchell
Simpson, and ordered that the defendant serve the remainder of his five-year
sentence in the Department of Correction. The defendant did not file a
direct appeal of the probation revocation order. In February 2007, the
defendant filed a motion for reduction of sentence pursuant to Rule 35
of the Tennessee Rules of Criminal Procedure. The trial court subsequently
denied the defendant’s motion. The defendant appeals, arguing that the trial court erred in denying the defendant’s
motion. After reviewing the record, we affirm the judgment of the trial
court.
Derrick Bryant vs. David Mills, Warden - E2007-02267-CCA-R3-HC View
Morgan County - The pro se petitioner, Derrick Bryant,
appeals the Morgan County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, we conclude that the state’s
motion is well-taken, and the judgment of trial court is affirmed.
State vs. Peter Graves - W2007-01045-CCA-R3-PC View
Weakley County - A Weakley County jury convicted the
Petitioner, Peter Graves, of possession of both a schedule II and a schedule
IV drug with intent to sell or deliver, and the trial court sentenced
him to an effective sentence of fifteen years. The Petitioner filed a
petition for post-conviction relief, which the post-conviction court denied.
The Petitioner now appeals, claiming: (1) he was denied the right to a
fair trial because the jury saw him in handcuffs and shackles; (2) he
was denied the right to a fair trial because the trial court did not conduct
a jury out hearing when jurors wanted to ask him questions; and (3) he
was not afforded the effective assistance of counsel. Upon a thorough
review of the record and applicable law, we affirm the post-conviction
court’s judgment.
Cases posted the week of 2/18/2008
David Wayne Hearing vs. State - E2007-00778-CCA-R3-PC View
Greene County - The petitioner, David Wayne Hearing,
pled guilty to two counts of first degree felony murder and received concurrent
life sentences. He subsequently filed a Tennessee Rule of Criminal Procedure
32(f) motion to withdraw his guilty pleas, which was denied by the trial
court. He alleges on appeal that he should have been allowed to withdraw
his pleas because they were unknowing and involuntary, and his counsel’s
assistance was ineffective. Following our review, we affirm the judgment
of the trial court.
State vs. David Hammond - W2007-00219-CCA-R3-CD View
Madison County - Appellant, David Harold Hammond, was
convicted by a Madison County jury of one count of rape. As a result,
the trial court sentenced Appellant as a Range II multiple offender to
twelve years incarceration. Because Appellant was on probation at the
time the rape was committed, the trial court ordered Appellant’s
sentence to run consecutively to two existing felony sentences. Appellant
complains on appeal that the evidence was insufficient to support the
rape conviction and that the trial court improperly ordered him to serve
his sentence for rape consecutively to his existing sentences. Because
the evidence was sufficient to support the conviction and the trial court
properly sentenced Appellant, we affirm the judgment of the trial court.
William Justin Brewster vs. State - E2007-00605-CCA-R3-PC View
Knox County - The Appellant, William Justin Brewster, appeals the denial of his petition for post-conviction relief by the Knox County Criminal Court. Brewster argues that the post-conviction court erred in denying him relief on his asserted claims of ineffective assistance of counsel both during trial and on appeal. Upon thorough review, we conclude that the post-conviction court correctly denied the petition and affirm.
State vs. Joey Dewayne Thompson - E2006-02093-CCA-R3-CD View
Knox County - The defendant, Joey Dewayne Thompson, appeals from his Knox County Criminal Court jury convictions of second degree murder and voluntary manslaughter. The trial court imposed an effective sentence of 25 years to be served in the Department of Correction. On appeal, the defendant claims that the conviction of second degree murder is unsupported by sufficient evidence, that the verdicts are contradictory, that the prosecution for and conviction of second degree murder violated principles of double jeopardy, and that the prosecution was barred by principles of collateral estoppel. Following our review, we affirm the convictions.
State vs. Jeffrey Ray McMahan - E2007-00037-CCA-R3-CD View
Sevier County - The defendant, Jeffrey Ray McMahan, was
convicted by jury of one count of driving as a habitual motor vehicle
offender (HMVO), driving while under the influence (DUI), fourth offense
or greater, violation of the implied consent law, reckless endangerment,
and disorderly conduct. The defendant was sentenced as a Range II, multiple
offender. With the exception of disorderly conduct, the trial court ordered
the defendant’s convictions to run consecutively for a total effective sentence of twelve years. As his sole issue on appeal, the defendant challenges the trial court’s
imposition of consecutive sentences. After appellate review, we affirm
the judgments of the trial court.
State vs. James Alan Bates - E2007-00187-CCA-MR3-PC View
Sullivan County - The Appellant, James Alan Bates, appeals
the order of the Sullivan County Criminal Court denying his petition for
post-conviction relief in which he asserted ineffective assistance of
counsel. Bates contends that trial counsel was ineffective based upon
the following: (1) failing to call a DNA expert as a witness at trial;
(2) failing to utilize an investigator to aid in locating potential defense
witnesses; (3) failing to adequately communicate and report developments
in preparation of the defense at trial and on appeal; (4) failing to file
a motion for a speedy trial; and (5) failing to provide “street clothes” for
incarcerated defense witnesses, who testified while wearing their jail
uniforms. After review, we affirm.
State vs. Tab Virgil - W2006-02346-CCA-R3-CD View
(Separate Concurring Opinion) - View
Shelby County - This matter is before the court upon
the Defendant’s appeal from an order of the trial court denying the Defendant’s motion to withdraw his guilty pleas. The Defendant now appeals, contending that: (1) the trial court erred when it denied his motion to withdraw his guilty pleas because his guilty pleas were not knowingly, voluntarily and understandingly entered; and (2) his intended sentences could not be achieved by operation of law. Because we conclude that the defendant’s
guilty pleas were not knowingly, voluntarily and understandingly entered,
we reverse the order of the trial court and remand to the trial court
for further proceedings.
State vs. Ronnie Henry - W2006-00344-CCA-R3-CD View
Shelby County - The defendant, Ronnie Henry, was convicted of four counts of aggravated robbery, a Class B felony, and four counts of robbery, a Class C felony. The defendant received an effective sentence of seventy years. On appeal, the defendant presents three issues: (1) the sufficiency of the evidence to sustain the convictions; (2) error in the limitation of the testimony of a defense witness; and (3) error in sentencing. After review, we affirm the convictions but remand the case for resentencing in compliance with the standards contained in this opinion.
State vs. Freddie Inman Jr. - W2007-00687-CCA-R3-PC View
McNairy County - The petitioner, Freddie T. Inman, Jr., sought post-conviction relief from his conviction of theft of property having a value of more than $1,000 but less than $10,000. The McNairy County Circuit Court denied relief after an evidentiary hearing. On appeal, the petitioner argues that he received ineffective assistance of counsel because trial counsel failed to subpoena and call three witnesses at trial. We affirm the denial of post-conviction relief.
State vs. Antonio Kendrick - W2007-00912-CCA-R3-HC View
Shelby County - The Petitioner, Antonio Kendrick, appeals
the lower court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court dismiss the above-captioned appeal or, in the alternative, 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. Faith Whitley - W2006-02595-CCA-R3-CD View
McNairy County - Faith Whitley, the defendant, was indicted for possession with intent to deliver over one-half ounce of marijuana, a Class E felony. After a motion to suppress was heard and denied, the defendant entered a guilty plea with an agreed sentence of one year on probation and a fine of $2000. The judgment purported to reserve certified questions of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2). After review, we conclude that the defendant has failed to comply with the strict requirements of Tennessee Rule of Criminal Procedure 37(b)(2). The appeal is dismissed.
State vs. Cameron Winselle - W2007-00139-CCA-R3-CD View
Shelby County - A Shelby County jury found the Defendant,
Cameron Winselle, guilty of two counts of first degree murder, and the
trial court sentenced him to two consecutive life sentences. On appeal,
the Defendant claims the evidence does not sufficiently support his convictions.
Finding no error, we affirm the trial court’s judgments.
State vs. Marshall A. Brabson - E2006-02698-CCA-R3-CD View
Knox County - A Knox County Criminal Court jury convicted
the appellant, Marshall A. Brabson, of attempted voluntary manslaughter
and being a felon in possession of a handgun, and the trial court sentenced
him to concurrent sentences of seven and three years, respectively. On
appeal, the appellant contends that (1) the evidence is insufficient to
support his convictions; (2) the trial court erred by allowing the appellant
to represent himself at trial; (3) the trial court erred by limiting the
appellant’s cross-examination of defense witnesses and by excluding the testimony of some witnesses; (4) the trial court erred by refusing to allow the appellant to play a video disc recording for the jury; and (5) his sentences are excessive. Based upon the record and the parties’ briefs,
we affirm the judgments of the trial court.
Anthony Bowen vs. Howard Carlton, Warden - E2007-01845-CCA-R3-HC View
Johnson County - The petitioner, Anthony Bowen, appeals
from the trial court’s dismissal of his habeas corpus petition.
He alleges that the trial court erred in not finding him indigent, dismissing
his petition without an evidentiary hearing or appointment of counsel,
and failing to make proper findings of fact and conclusions of law in
its order of dismissal. The State argues that summary dismissal of the
petition was proper. Following our review, we affirm the judgment of the
trial court.
State vs. Tommy Ray Young - E2006-00570-CCA-R3-CD View
Campbell County - The defendant, Tommy Ray Young, was
convicted by a Campbell County jury of aggravated robbery, a Class B felony,
and sentenced by the trial court as a Range III, persistent offender to
thirty years in the Department of Correction. After the trial court overruled
his motion for new trial, the defendant filed an appeal to this court
in which he raised issues of ineffective assistance of trial counsel and
the sufficiency of the convicting evidence. The State responded with a
motion to dismiss on the basis that both the motion for new trial and
the notice of appeal were untimely. By order entered on September 11,
2007, this court granted the motion to dismiss in part, ruling that the
only viable issue that remained on appeal was the defendant’s challenge to the sufficiency of the evidence. Following our review, we conclude that the evidence was sufficient to sustain the defendant’s
conviction for aggravated robbery. Accordingly, we affirm the judgment
of the trial court.
State vs. Jeffery Ratliff a/k/a Jeffery Absher - E2006-01527-CCA-R3-CD View
Sullivan County - The defendant, Jeffery Ratliff a/k/a
Jeffery Absher, was convicted of six counts of rape of a child, a class
A felony, T.C.A. § 39-13-522; one count of especially aggravated sexual exploitation of a minor, a Class B felony, T.C.A. § 39-17-1005; one count of aggravated sexual battery, a Class B felony, T.C.A. § 39-13-504; and six counts of incest, a Class C felony, T.C.A. § 39-15-502.
He received a total effective sentence of 112 years. On appeal, he argues
that (1) the evidence is not sufficient to support his convictions, (2)
the trial court erred in failing to suppress a videotape, (3) the videotape
was not properly authenticated before being admitted into evidence, and
(4) the trial court erred in allowing a transcript of the videotape to
be submitted to the jury. We conclude that no error exists, and we affirm
the judgments of the trial court.
State vs. Billy Joe Elliott - E2007-00486-CCA-R3-CD View
Washington County - The defendant, Billy Joe
Elliott, appeals from his conviction of obtaining or attempting
to obtain possession of a controlled substance by misrepresentation,
fraud, forgery, deception or subterfuge, a Class D felony. The
defendant, a Range I offender, was sentenced to two years, with
ten days to be served in jail and the remainder on probation.
In this appeal, the defendant claims that the evidence does
not support his convictions and that the trial court erred in
not granting judicial diversion. Upon review, we affirm the
defendant’s
conviction.
Ronald Barker a/k/a George N. Bailey vs.
State - E2007-00195-CCA-R3-PC View
Sullivan County - The petitioner, Ronald A.
Barker, a/k/a George N. Bailey, appeals the post-conviction
court’s
summary dismissal of his petition for post-conviction relief.
The petitioner fled the jurisdiction prior to his June 2004
sentencing hearing, was sentenced in absentia, and did not appeal
the judgment of the trial court. He was later arrested in Florida
and ultimately extradited to Sullivan County in April 2006.
In January 2007, the petitioner filed a petition for post-conviction
relief, making numerous allegations. The post-conviction court
found the petition to be untimely in that it was filed beyond
the one-year statute of limitations established in the Post-Conviction
Procedure Act, Tenn. Code Ann. § 40-30-101 et. seq., and
it dismissed the petition without a hearing. The petitioner
appeals, arguing that the one-year of statute of limitations
for his filing a post-conviction petition did not begin to run
until he was returned to Tennessee in April 2006, and therefore
his petition was timely filed. After reviewing the record, we
conclude that the statute of limitations expired in July 2005,
and that the trial court’s
filing revised judgments in August 2006 did not toll the statute
of limitations. Thus, the petition was untimely filed and properly
dismissed. We accordingly affirm the judgment of the post-conviction
court.
Earl D. Holloway vs. State - E2007-01169-CCA-R3-HC View
Johnson County - The petitioner, Earl D. Holloway,
was convicted of second degree murder and sentenced to twenty-two
years in the Tennessee Department of Correction. Thereafter,
the petitioner filed a petition for a writ of habeas corpus,
contending that his sentence was void because the judgment reflected
that he was ordered to serve eighty-five percent of his sentence
in confinement, not one hundred percent as mandated by statute.
The habeas corpus court dismissed the petition, and the petitioner
appeals. Upon review of the record and the parties’ briefs,
we reverse the dismissal of the petition and remand with instructions
for the habeas corpus court to grant the petition and transfer
to the convicting court for correction of the judgment to reflect
the correct release eligibility.
State vs. Ricky Shane Stanley - E2007-00352-CCA-R3-CD View
Monroe County - In 2005, while on probation,
the defendant was arrested for possession of a weapon, possession
of a Schedule II drug, driving on a revoked license, and two
counts of aggravated burglary. Following these arrests, a probation
revocation warrant was issued for the defendant. In February
2006, the defendant was determined to be incompetent to stand
trial on the charges resulting from his arrests. In January
2007, the Monroe County Circuit Court held a probation revocation
hearing and, despite the previous determination that the defendant
was incompetent to stand trial, revoked the defendant’s
probation. The defendant appeals, arguing that the trial court
erred in revoking his probation while he was incompetent to stand
trial. After reviewing the record, we conclude that the trial
court’s revocation of the defendant’s probation violated
his due process rights under the state and federal constitutions.
Therefore, we reverse the judgment of the trial court.
State vs. Thomas Harville, Jr. - E2005-02108-CCA-R3-CD View
Separate Concurring/Dissenting Opinion - View
Sullivan County - In October 2004, a Sullivan County
grand jury indicted the defendant, Thomas Harville, Jr., on one count
of violating his status as a habitual motor vehicle offender, a Class
E felony. Following a June 2005 jury trial in Sullivan County Criminal
Court, the defendant was convicted on the sole count of the indictment
and sentenced to two years as a Range I, standard offender, with
the defendant to serve eighty days in jail and the balance of his
sentence on community corrections. The defendant appeals, alleging
that the trial court: (1) improperly admitted the preliminary hearing
testimony of a police officer when the state failed to show that
the witness was unavailable at trial; (2) improperly determined that
the state could impeach the defendant with a prior felony conviction
for evading arrest; and (3) improperly sentenced the defendant. After
reviewing the record, we conclude that the defendant has waived the
first issue on appeal and that the trial court committed no error
as to the other two issues. Accordingly, we affirm the judgment of
the trial court.
Cases posted the week of 2/11/2008
State vs. Michelle Lee Mason - M2007-00481-CCA-R3-CD View
Bedford County - The defendant, Michelle Lee
Mason, was convicted on her guilty plea of aggravated assault,
a Class C felony, for which she was sentenced to serve seven
years in the Department of Correction as a Range II, multiple
offender. The defendant claims on appeal that the trial court
erred in denying alternative sentencing. We affirm the trial
court’s denial of alternative sentencing.
Barry Lee Armistead vs. State - M2007-00933-CCA-R3-HC View
Davidson County - This matter is before the
Court upon the State’s motion to affirm the judgment of
the trial court by memorandum opinion pursuant to Rule 20 of
the Rules of the Court of Criminal Appeals. Petitioner has appealed
the habeas corpus court’s order summarily dismissing the
petition for writ of habeas corpus. Upon a review of the record
in this case, we are persuaded that the habeas corpus court
was correct in summarily dismissing the habeas corpus petition
and that this case meets the criteria for affirmance pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly,
the State’s
motion is granted and the judgment of the trial court is affirmed.
State vs. James D. Beaird - M2006-01931-CCA-R3-CD View
Davidson County - The defendant was convicted
by jury of attempted especially aggravated robbery and first
degree felony murder. For his convictions, he received sentences
of twelve years and mandatory life imprisonment to be served
consecutively. In this appeal, the defendant presents four issues
for review: (1) whether the evidence was sufficient to support
his convictions; (2) whether the trial court erred in admitting
a tape recording of a 911 call the victim’s mother made
to police; (3) whether th etrial court erred in admitting testimony
that the victim was fatally shot on his mother’s
birthday; and (4) whether the trial court erred in sentencing.
Finding no errors requiring reversal, we affirm the judgment
of the trial court.
State vs. John W. Foster, Jr. - M2006-02724-CCA-R3-CD View
Davidson County - The defendant, John W. Foster,
Jr., was convicted by a Davidson County jury of aggravated robbery,
a Class B felony, and sentenced by the trial court to thirty
years at 60% as a career offender. In a timely appeal to this
court, the defendant challenges the sufficiency of the evidence
and the trial court’s denial of his motion for a mistrial.
Based on our review, we affirm the judgment of the trial court.
State vs. Timothy DeWayne Bouldin - M2006-02354-CCA-R3-CD View
Van Buren County - The defendant, Timothy Dewayne
Bouldin, appeals from his Van Buren County Circuit Court jury
trial convictions of possession of a schedule IV controlled
substance and possession of a schedule VI controlled substance,
both Class A misdemeanors. See T.C.A. § 39-17-418. For
the Schedule IV conviction, he was sentenced to eleven months
and twenty-nine days, with thirty days to be served in jail
at seventy-five percent release eligibility, and the balance
on probation. For the Schedule VI conviction, he was sentenced
to eleven months and twenty-nine days, with ten days to be served
in jail at seventy-five percent release eligibility, and the
balance on probation. The judge ordered the sentences to be
served concurrently. In this appeal, the defendant raises issues
regarding the trial court’s
denial of his motion to suppress, the sentences imposed, and
the denial of judicial diversion. We affirm the judgments of
the trial court.
Corey D. Cartwright vs. State - M2006-02782-CCA-R3-PC View
Davidson County - The petitioner, Corey D.
Cartwright, appeals the denial of his petition for post-conviction
relief from his conviction for possession of over .5 grams of
cocaine with the intent to sell, arguing that he was denied
the effective assistance of counsel, his guilty plea was unknowing
and involuntary, and the trial court’s findings of fa