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Cases posted the week of 6/23/2008
State vs. Dawn Marie Hobbs - E2007-00575-CCA-R3-CD View
Sullivan County - Defendant pled guilty to two counts of identity theft, two counts of fraud, and two counts of theft of property of $500 or less. The total effective sentence is three years with the manner of service to be determined after a sentencing hearing. Defendant also pled guilty to two failure to appear charges and was sentenced to two consecutive two year sentences, suspended by agreement. Following the sentencing hearing, the trial court ordered that Defendant serve her three-year sentence incarcerated. Defendant has appealed arguing that the trial court erred by denying her request for an alternative sentence. We affirm the judgment of the trial court.
State vs. Rheubin M. Taylor, II - E2006-01785-CCA-R3-CD View
Hamilton County - The defendant, Rheubin M. Taylor II, was convicted of voluntary manslaughter, felony reckless endangerment, attempted voluntary manslaughter, and reckless aggravated assault which the trial court merged with the attempted voluntary manslaughter conviction. The trial court sentenced the defendant as a Range I, standard offender to four years, suspended to supervised probation with twelve months to be served on house arrest. At the hearing on the defendant’s motion for a new trial, the trial court granted judicial diversion to the defendant. The State appeals, arguing that the trial court’s grants of judicial diversion and probation are not supported by the record and should be reversed. The defendant argues that the trial court’s sentencing determinations should be upheld and that the trial court erred in applying one sentencing enhancement factor. We conclude that, in granting judicial diversion, the trial court did not make sufficient findings to permit appellate review. Accordingly, we reverse the order of the trial court and remand for resentencing.
State vs. Mitchell Eads - E2006-02290-CCA-R3-CD View
Claiborne County - In an eight-count indictment, the defendant, Mitchell Eads, was charged by the Claiborne County Grand Jury with two counts of theft of property over $10,000, three counts of burglary, one count of vandalism over $500, one count of theft of property over $1000, and one count of vandalism over $1000. The trial court granted the defendant’s motion to sever the first five counts of the indictment, and the defendant was subsequently convicted in separate jury trials of three counts of burglary, two counts of theft of property over $1000, and one count of vandalism over $1000, all Class D felonies, for which he received an effective sentence of twenty-four years as a career offender. In a timely appeal to this court, the defendant challenges the sufficiency of the evidence in support of his convictions and argues that the trial court erred in denying his motion to suppress his statement, in denying his request for disclosure of the identity of a confidential informant, in refusing to issue a jury instruction on absent material witness, in imposing the fines fixed by the jury, and in imposing an excessive sentence. Following our review, we affirm the judgments of the trial court and remand for entry of corrected judgments in Counts 6, 7, and 8 to reflect the $5000 fine imposed in each count.
State vs. Neddie Mack Lawson - E2007-00330-CCA-R3-CD View
Claiborne County - The defendant, Neddie Mack Lawson, I, was convicted of misdemeanor DUI, his third offense. On appeal, the defendant argues that because he was indicted for felony DUI, fourth offense, and because the offense was committed more than one year before the filing of the indictment, he cannot be convicted of misdemeanor DUI because the misdemeanor conviction was barred by the statute of limitations. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the trial court.
State vs. Shannon Alan Griffin - E2007-01311-CCA-R10-CD View
Hamilton County - The defendant, Shannon Alan Griffin, was charged with two counts of attempted first degree murder, two counts of aggravated assault involving use of a deadly weapon, and two counts of aggravated assault causing serious bodily injury after twice hitting his landlord with his car. The jury found the defendant guilty of all four counts of aggravated assault but could not reach a verdict on the two counts of attempted first degree murder. The trial court merged the four aggravated assault counts into two convictions and, as to the attempted first degree murder counts, declared a mistrial and ordered a new trial. Pursuant to Tennessee Rule of Appellate Procedure 10, the defendant appeals from the trial court’s decision, arguing that he may not be retried on the attempted first degree murder counts because there did not exist manifest necessity for a mistrial and a retrial would violate the Double Jeopardy Clause of the Fifth Amendment. Following our review, we affirm the trial court.
State vs. Richard Edmund Binney - M2007-02378-CCA-R3-CD View
Sequatchie County - The Defendant pled guilty to driving after being declared a motor vehicle habitual offender (“MVHO”) and to his fourth driving under the influence (“DUI”) offense. The trial court sentenced him to an effective sentence of four years. On appeal, the Defendant claims: (1) the trial court erred when it did not grant him alternative sentencing; and (2) the trial court erred by ordering consecutive sentences. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments.
State vs. Julius Cameron Hill - M2007-00133-CCA-R3-CD View
Bedford County - Following a July 2006 jury trial, the defendant, Julius Hill, was convicted of one count of possession of 0.5 gram or more of cocaine with intent to sell, a Class B felony, one count of possession of 0.5 gram or more of cocaine with intent to deliver, a Class B felony, and two counts of simple possession of a controlled substance, a Class A misdemeanor. The trial court merged the two felony convictions and sentenced the defendant as a Range I, standard offender, to twelve years in the Department of Correction on the felony conviction and eleven months, twenty-nine days on each misdemeanor conviction, with all sentences to be served concurrently. On appeal, the defendant contends that the evidence produced at trial was insufficient to convict him of the felony counts and that the trial court imposed an excessive sentence. After reviewing the record, we affirm the judgment of the trial court.
State vs. Krista Regina Lesch - M2007-00429-CCA-R3-CD View
Davidson County - The defendant, Krista Regina Lesch, pled guilty to three counts of obtaining a Schedule II controlled substance by fraud (Class D felony) and attempted child neglect (Class E felony). She was sentenced as a Range I, standard offender to two years on community corrections for one of the Class D felonies and to one year on community corrections for the Class E felony, with the sentences to run concurrently with credit for time served. She was further sentenced to two years on both of the other Class D felony convictions, with those sentences to run consecutively to the other sentence for a total effective sentence of six years, with time served and the balance on community corrections. The defendant violated the terms of her community corrections sentences on several occasions and eventually had her sentences revoked and increased. On appeal, she argues that the trial court erred in revoking her community corrections release and in increasing her effective sentence from six to nine years. After careful review, we conclude that no error exists and affirm the judgments from the trial court.
Mark Armstrong v. State of Tennessee - M2007-01614-CCA-R3-PC View
Rutherford County - The petitioner, who is serving a twenty-year sentence for aggravated rape, filed the present post-conviction action alleging he did not receive the effective assistance of counsel at trial. The trial court conducted a hearing and denied his claim, and he appealed. Upon review, we hold that the trial court did not err in denying relief, and we affirm its judgment.
Anita C. Norris v. State of Tennessee - M2007-02119-CCA-R3-HC View
Rutherford County - The petitioner, Anita C. Norris, appeals the dismissal of her petition for writ of habeas corpus. In this appeal, she contends that she is entitled to habeas relief because her sentence expired prior to the trial court’s order revoking her probation and ordering service of her original eight-year sentence in the Department of Correction. The judgment of the habeas corpus court dismissing the petition is affirmed. Because of a clerical error in the judgment, we order the trial court to correct the judgment form in this case to indicate that the petitioner was convicted of a Class B felony rather than a Class A felony.
Jason D. Pillow vs. State of Tennessee - M2007-00490-CCA-R3-PC View
Maury County - The petitioner, Jason D. Pillow, appeals the denial of his petition for post-conviction relief. In this appeal, he contends that he received the ineffective assistance of counsel at trial and on appeal and that the sentence imposed by the trial court violates the terms of Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004). Discerning no error, we affirm the judgment of the post-conviction court.
Wayford Demonbreun, Jr. vs. State - M2007-01934-CCA-R3-HC View
Davidson County - In 1997, a Davidson County jury convicted the Petitioner, Wayford Demonbreun, Jr., of one count of second degree murder and one count of aggravated assault, and the trial court sentenced him to an effective sentence of twenty-five years in prison. The Petitioner filed a petition for habeas corpus relief, his third such petition, alleging that his conviction is void because: (1) the trial court never conducted a hearing on his motion for new trial and, therefore, never performed his duty as a thirteenth juror; and (2) the trial court lacked statutory authority to render a valid judgment pursuant to Tennessee Code Annotated section 17-1-305. The habeas court denied the petition. On appeal, the Petitioner contends that the habeas court erred. Finding no error, we affirm the judgment of the habeas court.
State vs. Jamelle M. Felts - M2007-00945-CCA-R3-CD VIew
Robertson County - A Robertson County Circuit Court jury convicted the defendant, Jamelle M. Felts, of one count of reckless endangerment and one count of especially aggravated kidnapping. The trial court imposed an effective sentence of 15 years to be served at 100 percent. See T.C.A. § 40-35-501(i)(2)(C)(2006) (setting 100 percent release eligibility for especially aggravated kidnapping). In this appeal, the defendant contends that the evidence is insufficient to support his conviction for aggravated kidnapping and that the trial court erred by defining certain terms in answer to a question posed by the jury. Discerning no error, we affirm the judgments of the trial court.
State vs. Paul David James, Jr. - M2007-02120-CCA-R3-CD View
Grundy County - The Appellant, Paul David James, Jr., appeals the sentencing decision of the Grundy County Circuit Court. Pursuant to a plea agreement, James pled guilty to one count of aggravated burglary, with the trial court determining the sentence length and manner of service of the sentence. After a sentencing hearing, the trial court sentenced James to five years in the Tennessee Department of Correction. On appeal, James challenges the length and manner of the sentence, arguing that the trial court improperly considered his lengthy history of dismissed criminal charges in enhancing the sentence two years above the statutory minimum and in denying alternative sentencing. After a thorough review of the briefs of the parties and the record, we affirm.
State vs. Alonzo Fishback a/k/a Loranzo Wilhoite - M2007-01971-CCA-R3-CD View
Rutherford County - Appellant, Alonzo Fishback, also known as Loranzo Wilhoite, was convicted by a Rutherford County jury of especially aggravated kidnapping, aggravated assault, and possession of a weapon during the commission of a felony. The trial court sentenced Appellant to sixty years for the especially aggravated kidnapping conviction, fifteen years for the aggravated assault conviction, and two years for possession of a weapon during the commission of a felony conviction. The trial court ordered the sentences for especially aggravated kidnapping and aggravated assault to run consecutively to each other. The trial court ordered the sentence for the weapons charge to run concurrently, for a total effective sentence of seventy-five years. The trial court also ordered the especially aggravated kidnapping charge to run consecutively to “any offense on parole.” Appellant filed a motion for new trial in which he argued that his convictions for especially aggravated kidnapping and aggravated assault violated State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). The trial court denied the motion. We conclude that the confinement of the victim was (1) beyond that necessary to consummate the assault and the additional confinement of the victim: (2) prevented the victim from summoning help; and (3) lessened Appellant’s risk of detection. Consequently, the judgments of the trial court are affirmed.
State vs. Daryl Hooper & Shawn A. Stump - M2007-00094-CCA-R3-CD View
Humphreys County - In August 2006, after a joint trial, a Humphreys County jury convicted defendant Daryl Hooper of one count of kidnapping, a Class C felony, one count of facilitation of aggravated burglary, a Class D felony, and one count of theft of property less than $500, a Class A misdemeanor. The jury convicted defendant Shawn Stump of one count of kidnapping, one count of facilitation of aggravated burglary, and one count of assault, a Class A misdemeanor. The trial court sentenced Hooper to eight years in the Department of Correction as a Range II, multiple offender, and Stump was sentenced to a term of four years as a Range I, standard offender. On appeal, both defendants seek relief on the same five grounds: (1) the evidence produced at trial was insufficient to support their convictions; (2) the trial court erred in instructing the jury that Hooper was not a legal surety; (3) the trial court erred in instructing the jury on the definition of “knowingly”; (4) the trial court erred in instructing the jury on the definition of “recklessly”; and (5) the trial court erred by imposing excessive sentences and denying alternative sentencing. After reviewing the record, we conclude that the trial court erred in giving an improper jury instruction as to Hooper’s status as a legal surety, and that the court erred in giving an improper definition of “knowing” during jury instructions. We further conclude that these errors were reversible errors as to the defendants’ convictions for kidnapping and facilitation of aggravated burglary but harmless as to Hooper’s theft conviction and Stump’s assault conviction. Accordingly, the judgments of the trial court are affirmed in part and reversed in part, and the cases are remanded for new trials on the defendants’ felony offenses.
State vs. Tyrone Chalmers - W2006-00424-CCA-R3-PD View
Shelby County - Capital Petitioner Tyrone Chalmers appeals as of right the judgment of the Shelby County Criminal Court denying his petition for post-conviction relief. In 1997, the petitioner was convicted of one count of first degree felony murder and one count of especially aggravated robbery. The jury sentenced him to death after finding that the evidence of an aggravating circumstance, that the defendant was previously convicted of one or more felonies other than the present charge, whose statutory elements involve the use of violence to the person, see Tenn. Code Ann. § 39-13-204(i)(2), outweighed evidence of mitigating circumstances beyond a reasonable doubt. The trial judge imposed a sentence of twenty years for the especially aggravated robbery conviction, to run concurrently with the death sentence but consecutively to sentences previously imposed in another case. See State v. Chalmers, 28 S.W.3d 913, 915 (Tenn. 2000). On April 19, 2001, the petitioner filed a pro se petition for post-conviction relief. An amended petition was filed on September 22, 2003. An evidentiary hearing was conducted in August 2005. On January 24, 2006, the trial court entered an order denying post-conviction relief. On appeal to this court, the petitioner presents a number of claims that can be characterized in the following broad categories: (1) the ineffective assistance of counsel and (2) the constitutionality of the imposition of a sentence of death. Following a thorough and exhaustive review of the record and the applicable law, we affirm the judgment of the post-conviction court.
State vs. David Cook - W2007-02363-CCA-R3-HC View
Hardeman County - The petitioner, David Lee Cook, appeals the circuit court’s order summarily dismissing his pro se petition for writ of habeas corpus. Following our review of the record and applicable law, we affirm the circuit court’s order.
State vs. Gregory Morrow - W2007-01166-CCA-R3-PC View
Shelby County - The petitioner, Gregory Morrow, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction of possession of 300 grams or more of cocaine with intent to sell and two counts of possession of marijuana and resulting fifteen-year sentence to the Department of Correction. He claims that he is entitled to post-conviction relief because he was denied the effective assistance of counsel at trial. We hold that his petition was not filed timely and is therefore barred by the one-year statute of limitations, and we vacate the judgment denying post-conviction relief and remand the case for entry of an order of dismissal.
State vs. Adell Watkins - W2007-00691-CCA-R3-CD View
Madison County - The defendant, Adell Watkins, was indicted for one count of the knowing sale of cocaine and for one count of knowingly and unlawfully delivering cocaine, a Schedule II controlled substance. She was convicted on both counts. Her convictions were merged and she received an eight-year sentence. The defendant argues on appeal that the evidence was insufficient to sustain her convictions. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the decision of the trial court.
State vs. Brian Neu - W2007-02166-CCA-R3-CD View
Madison County - The Appellant, Brian Roger Neu, appeals the imposition of consecutive sentences by the Madison County Circuit Court. Neu’s sentences stem from his guilty pleas to domestic assault, possession of marijuana, and possession of drug paraphernalia, all class A misdemeanors. Following a sentencing hearing, the trial court imposed sentences of eleven months and twenty-nine days for each conviction. The court further ordered that Neu’s sentences for possession of marijuana and possession of drug paraphernalia be served concurrently to each other but consecutively to his sentence for domestic assault. Following review, the sentencing decision is affirmed.
State vs. Sean Corlew - W2007-02313-CCA-R3-CD View
Tipton County - The defendant, Sean Thomas Corlew, pled guilty to driving under the influence, first offense, in the Tipton County Circuit Court. Pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure, the defendant reserved a certified question of law challenging the denial of his motion to suppress based upon his allegation that the officer lacked reasonable suspicion to support the stop leading to his eventual arrest. Following our review, we affirm the judgment of the trial court.
State vs. Phillip Cory Reep - E2007-00619-CCA-R3-CD View
Knox County - In March 2005, a Knox County grand jury indicted the defendant, Phillip Cory Reep, on two counts of aggravated child abuse, a Class A felony, two counts of child abuse, a Class D felony, and one count of possession of drug paraphernalia, a Class A misdemeanor. Following a January 2007 jury trial in Knox County Criminal Court, the defendant was acquitted of the two aggravated child abuse charges and convicted of two counts of the lesser-included offense of reckless endangerment, a Class A misdemeanor. The defendant was also convicted on the other three counts of the indictment. The defendant sought a sentence of judicial diversion or, in the alternative, full probation, but following a sentencing hearing, the trial court denied these requests and sentenced the defendant to four years in the Department of Correction as a Range I, standard offender. On appeal, the defendant argues that the trial court erred by denying the defendant’s application for judicial diversion and full probation. After reviewing the record, we affirm the trial court’s denial of alternative sentencing. However, because the trial court violated the defendant’s Sixth Amendment rights by enhancing his sentence based on enhancement factors that were not found by the jury beyond a reasonable doubt, we remand the case to the trial court for resentencing.
State vs. Debra Elaine Moore - E2007-00533-CCA-R3-CD View
Cocke County - The defendant, Debra Elaine Moore, was convicted of criminally negligent homicide(Class E felony) and aggravated child abuse (Class A felony). She was sentenced to two years for the Class E felony and twenty-five years for the Class A felony, with the sentences to run concurrently for an effective sentence of twenty-five years. The defendant raises four issues on appeal including whether the evidence was sufficient to support the finding of guilt. Because the defendant did not file either a timely motion for new trial or notice of appeal, this court declines to review the subsequently waived issues. However, we do review her issue of sufficiency of the evidence and conclude that the evidence was sufficient to support the guilty verdicts. Therefore, the judgments from the trial court are affirmed.
State vs. Thomas W. Sinks - E2006-00626-CCA-R3-CD View
Washington County - The defendant, Thomas W. Sinks, appeals as of right his Washington County jury conviction for driving under the influence (DUI). He contends that the trial court erred in overruling his motion to suppress the results of blood alcohol analysis, that the evidence is insufficient to support his conviction, and that the trial court erred in allowing certain witnesses to testify as experts regarding the effects of cocaine on the defendant’s ability to drive. Following our review, we affirm the judgment of the trial court.
Cases posted the week of 6/16/2008
State vs. Quincy Douglas - W2007-01823-CCA-R3-CD View
Madison County - The defendant, Quincy D’Shawn Douglass, appeals from the judgment of the Madison County Circuit Court, revoking his probation and imposing service of the remainder of his sentence in confinement. In this appeal, the defendant argues that the court erred in revoking his probation. Following our review of the record, the parties’ briefs, and the applicable law, we determine no errors exist in the court’s revocation of probation, and thus affirm the court’s judgment.
State vs. Michael Mann - W2007-00984-CCA-R3-CD View
Dyer County - Appellant, Michael Dewayne Mann, was found guilty by a Dyer County Jury of driving under the influence and for violation of the implied consent law. In a bifurcated hearing, the trial court found Appellant guilty of third offense driving under the influence. As a result, Appellant received a sentence of eleven months and twenty-nine days, which was to be suspended after the service of 150 days of incarceration. The trial court denied a motion for new trial. On appeal, the following issues are raised for our review: (1) whether the evidence is sufficient to support the convictions; and (2) whether the trial court improperly allowed a police officer and the prosecutor to refer to Appellant’s prior record. We determine that the evidence was sufficient to support the conviction. Furthermore, we decline to address the evidentiary issues as plain error. Accordingly, the judgment of the trial court is affirmed.
State vs. Gerry Hensley - W2007-00878-CCA-R3-CD View
Gibson County - The Appellant, Gerry Lynn Hensley, appeals the sentencing decision of the Humboldt Law Court of Gibson County. Hensley pled guilty to two counts of Class B vehicular homicide by reason of intoxication and was subsequently sentenced by the trial court to concurrent eight-year sentences as a Range I standard offender. On appeal, Hensley raises the following challenges to the imposed sentences: (1) whether the trial court erred in considering an enhancement factor when no notice was provided by the State of its intent to rely upon such factor as required by local rules; (2) whether the court erred in considering dismissed charges in applying the enhancement factor of a prior criminal history; (3) whether the court erred in failing to specifically identify the mitigating and enhancing factors found and in failing to apply other certain mitigating factors which Hensley argues are applicable; (4) whether the court erred in not sentencing Hensley as an especially mitigated offender; and (5) whether the court erred in denying an alternative sentence. Following review of the record, we affirm.
State vs. Dallas Myers - W2007-02596-CCA-R3-PC View
Henry County - This matter is before the Court upon the state’s motion to affirm the judgment of the post-conviction court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner, Dallas R. Myers, appeals the post-conviction court’s dismissal of his petition for post-conviction relief and argues that he received the ineffective assistance of counsel. Upon review of the record, we are persuaded that the post-conviction court did not err in dismissing the petitioner’s post-conviction petition. This case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Therefore, we grant the state’s motion, and the judgment of the post-conviction court is affirmed.
State vs. Yasin Hawkins - W2007-02588-CCA-R3-HC View
Hardeman County - The petitioner, Yasin Hawkins, appeals from the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition is defective because it does not include a copy of the judgment which is the basis for the petitioner’s being restrained, and it fails to present a claim which is cognizable in a habeas corpus proceeding. Accordingly, we affirm the trial court’s dismissal.
State vs. Anthony Perry - W2006-02236-CCA-R3-PC View
Shelby County - The Appellant, Anthony E. Perry, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief. Perry was convicted of first-degree felony murder in the perpetration of kidnapping and especially aggravated kidnapping and is currently serving an effective sentence of life imprisonment in the Department of Correction. The convictions were affirmed on direct appeal to this court. In July, 2002, Perry filed a pro se petition for post-conviction relief alleging, among other issues, multiple grounds for ineffective assistance of counsel, and, following the appointment of counsel, an amended petition was filed seeking a delayed appeal of his convictions upon the ground that Perry had been deprived of his right to seek second-tier appellate review. At the post-conviction level, the State conceded Perry’s entitlement to a delayed appeal. Nonetheless, on September 17, 2002, the post-conviction court denied Perry’s post-conviction petition based upon its perceived lack of jurisdiction to grant a delayed appeal, without addressing the merits of Perry’s remaining post-conviction issues or reserving them for a later determination. The Appellant then appealed the dismissal of his petition to this court. While the appeal was pending in this court, the post-conviction court entered a second order, on January 2, 2003, reversing its prior dismissal of the petition and granting Perry a delayed appeal. No action was ever taken by Perry in furtherance of the delayed appeal. Perry later moved to voluntarily dismiss his appeal, which was still pending before this court. Within one year from the voluntary dismissal of the appeal, the post-conviction court appointed substitute counsel to represent Perry for the purpose of pursuing the ineffective assistance claims alleged in the petition. Following the filing of three amended post-conviction petitions, a post-conviction hearing was held on December 21, 2005, at which Perry asserted ineffective assistance of counsel based upon trial counsel’s (1) failure to seek suppression of his warrantless arrest within his home, in violation of Payton v. New York, and (2) failure to request lesser-included instructions at trial. After hearing the evidence presented, the post-conviction court denied the petition upon the merits. Perry now appeals that denial. On appeal, the State initially argues that the post-conviction court was without jurisdiction to review Perry’s alleged claims of ineffective assistance of counsel. In support of this argument, the State asserts that the post-conviction court lost jurisdiction of the case when Perry filed a timely notice of appeal to this court from the post-conviction court’s order entered on September 17, 2002, denying post-conviction relief. We agree. As the September 2002 order specifically denied the post-conviction petition, without reservation of any issues, Perry’s only relief was through the appeal to this court. By voluntarily dismissing that appeal, the Appellant has defaulted those issues which collaterally challenged his conviction. The subsequent order entered by the post-conviction court granting the delayed appeal had no force and effect, and any actions, including the filing of amended post-conviction petitions, were not validly before the post-conviction court. Thus, the post-conviction court’s order of September 5, 2006, denying relief must be reversed and vacated.
State vs. Lorne James Clabough - E2007-02326-CCA-RM-CD View
Bradley County - The defendant, Lorne James Clabough, was convicted of especially aggravated kidnapping (Class A felony), aggravated assault (Class C felony), two counts of aggravated assault by recklessness (Class D felony), and evading arrest (Class E felony). The trial court imposed an effective sentence of twenty years. In our initial review, the convictions and sentences were affirmed. See State v. Lorne James Clabough, No. E2005-02133-CCA-R3-CD, 2007 Tenn. Crim. App. LEXIS 14 (Tenn. Crim. App. Jan. 8, 2007, at Knoxville), perm. to appeal granted, case remanded (Tenn. Oct. 15, 2007). Our supreme court remanded to this court for reconsideration in light of State v. Gomez II, 239 S.W.3d 733 (Tenn. 2007). Upon review, we remand to the trial court for resentencing of the defendant for his Class A felony and both Class D felony convictions, and we affirm the remainder of the sentence.
State of Tennessee vs. Tony E. Cannon, Jr. - M2007-00557-CCA-R3-CD View
Lincoln County - A Lincoln County Circuit Court jury convicted the defendant, Tony E. Cannon, Jr., of attempted second degree murder, aggravated assault, and felony reckless endangerment. The trial court merged the conviction of aggravated assault with the conviction of attempted second degree murder and imposed an effective sentence of 12 years in the Department of Correction. In this appeal, the defendant asserts that the evidence is insufficient to support his convictions and that the 12-year sentence imposed for attempted second degree murder is excessive. Discerning no error, we affirm the judgments of the trial court.
Larry L. Preston vs. State - E2007-02458-CCA-R3-PC View
Hamilton County - The petitioner, Larry L. Preston, has appealed the Hamilton County Criminal Court’s dismissal of his petitioner for a writ of error coram nobis, and the State has moved pursuant to Tennessee Court of Criminal Appeals Rule 20 to have this court summarily affirm the criminal court’s order. Because we agree that a Rule 20 disposition is proper, we affirm the order of the criminal court.
State of Tennessee v. Lovard D. Horton - M2007-02163-CCA-R3-CD View
Davidson County - The Defendant, Lovard D. Horton, pled guilty to two counts of conspiracy to sell 300 grams or more of cocaine, possession with intent to sell seventy pounds or more of marijuana, and possession with intent to sell or deliver 300 pounds or more of marijuana within 1000 feet of a school zone. The trial court sentenced the Defendant pursuant to the plea agreement to an effective sentence of twenty-eight years in prison. The Defendant filed a motion to reduce his sentence, which the trial court denied. On appeal, the Defendant contends the trial court erred when it denied his motion. Finding no error, we affirm the judgment of the trial court.
State vs. Tessa Leann Sutton - E2007-01359-CCA-R3-CD View
Sevier County - The Sevier County Grand Jury indicted Appellant, Tessa Sutton, for introduction of drugs into a penal institution. On January 29, 2007, she pled guilty to the charge and was sentenced to three years to be served on probation. Her probation officer filed a probation violation warrant alleging, among other things, that Appellant missed her initial intake appointment and tested positive for drugs. The trial court based its revocation of Appellant’s probation upon these two grounds. We have reviewed the record and find ample support in the record for the trial court’s conclusion. Therefore, the trial court did not abuse its discretion in revoking Appellant’s probation. For this reason, we affirm the decision of the trial court.
State of Tennessee v. Cordell Remont Vaughn - M2007-01159-CCA-R3-CD View
Perry County - A jury convicted the Defendant, Cordell Remont Vaughn, of premeditated first degree murder, and he was sentenced to a life term in the Department of Correction. In this direct appeal, he presents four issues for our review: (1) whether the evidence is sufficient to support his conviction; (2) whether the trial court abused its discretion by denying the Defendant’s request for a continuance after his family hired a private attorney to represent him approximately one week before the scheduled trial date; (3) whether the trial court abused its discretion by revoking its approval of funds for the Defendant to hire an expert because the Defendant retained private counsel; and (4) whether the trial court erred by not requiring the assistant public defender to assist defense counsel during the Defendant’s trial. Following our review of the record and the parties’ briefs, we reverse the judgment of conviction and remand for a new trial.
Charles Clifford Hudgins vs. State - E2006-02501-CCA-R3-PC View
Hamilton County - The petitioner, Charles Clifford Hudgins, appeals the Hamilton County Criminal Court’s denial of his petition for post-conviction relief challenging his conviction for second degree murder based upon the allegations of ineffective assistance of counsel, an involuntary guilty plea and the state’s failure to provide exculpatory information. After a full evidentiary hearing, the trial court found that the petitioner failed to prove his allegations by clear and convincing evidence. Following our review, we affirm the judgment of the trial court.
Cases posted the week of 6/9/2008
State vs. Nick Defillipis - M2007-01647-CCA-R3-CD View
Williamson County - The Defendant, Nick Defilippis, pled guilty to reckless endangerment, and the trial court granted him judicial diversion and sentenced him to probation for eleven months and twenty-nine days. During that time period, the Defendant tested positive for cocaine. The trial court found that he violated his probation, and it subsequently revoked his probation and sentenced him to six months of incarceration. The Defendant appeals, claiming: (1) the trial court lacked subject matter jurisdiction with regard to a probation revocation warrant it issued; (2) the trial court denied him due process because he lacked notice of his probation terms; (3) the State presented insufficient proof that he violated his probation; and (4) the trial court erroneously sentenced him. After a thorough review of the facts in the record and the applicable law, we affirm the trial court’s judgment.
State vs. Larry Carter - W2007-01437-CCA-R3-CD View
Shelby County - The Defendant, Larry Carter, was convicted of burglary, a Class D felony, and sentenced to serve twelve years in the Department of Correction as a career offender. On appeal, he argues that the evidence presented at his jury trial was insufficient to support his conviction. We affirm the judgment of the trial court.
State vs. Phillip Blackburn - W2007-00061-CCA-R3-CD View
Shelby County - The defendant, Phillip Blackburn, was convicted of one count of aggravated robbery and one count of attempted aggravated robbery. The trial court imposed an effective sentence of ten years. In this appeal, the defendant contends that the trial court should have suppressed the pretrial identifications of the defendant as unduly suggestive, raises numerous challenges to the handling of the testimony of co-defendant Danny Green, asserts that he should have been permitted to impeach the testimony of one of the victims by the use of a prior conviction, insists that the evidence was insufficient, in light of the “numerous” errors at trial, to support the convictions, and complains that the trial court erred in the assignment of weight to the established enhancement and mitigating factors. Because the trial court should have granted the defendant’s request for a mistrial, the judgments of the trial court are reversed and the case is remanded for a new trial.
State vs. Kenneth Davis - W2007-00776-CCA-R3-CD View
Madison County - The appellant, Kenneth Lyle Davis, appeals the Madison County Circuit Court’s order revoking his probation and reinstating his original two-year sentence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Nathan Jack Childress - M2007-01770-CCA-R3-CD View
Lincoln County - The defendant, Nathan Jack Childress, was convicted of theft over $1,000, a Class D felony, after taking a dump truck from a construction site during his escape from police custody. He was sentenced to twelve years as a Range III, career offender for this offense. Additionally, he pled guilty to a charge of escape and was sentenced to six years for that offense, with the sentences to run consecutively to one another and to his unfulfilled sentences for a total effective sentence of eighteen years in the Tennessee Department of Correction. On appeal, he contends that the evidence was insufficient to support the verdict. After careful review, we affirm the judgment from the trial court.
State vs. Michael Lee Davenport - M2006-01693-CCA-R3-CD View
Davidson County - A Davidson County jury convicted the Defendant, Michael Lee Davenport, of aggravated sexual battery, and the trial court sentenced him to eleven years in prison. On appeal, the Defendant alleges the following errors: (1) the trial court erred by preventing him from introducing extrinsic evidence about an alternate source of the victim’s sexual knowledge; (2) the trial court erred by not granting his motion for judgment of acquittal; and (3) the trial court erred when sentencing him. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.
State vs. Quincy DeAngelo Gardner - M2007-01081-CCA-R3-CD View
Davidson County - The Defendant, Quincy DeAngelo Gardner, was convicted of first degree felony murder and sentenced to life imprisonment. On appeal, the single issue presented for our review is whether the evidence was sufficient to support his conviction. He argues that the proof was insufficient to overcome his claims of self-defense and intoxication at the time of the murder. After a review of the evidence in the record, we affirm the judgment of the trial court.
State vs. Norman Robinson - M2007-01836-CCA-R3-CD View
Davidson County - The Defendant, Norman Robinson, was convicted of aggravated sexual battery, a Class B felony. He was sentenced to eight years in the Department of Correction. He now appeals two issues: (1) the sufficiency of the evidence establishing the victim’s age at the time of the offense; and (2) whether the trial court improperly questioned the victim. We affirm the judgment of the trial court.
State vs. Julio Villasana - M2007-01923-CCA-R3-CD View
Davidson County - The Defendant, Julio Villasana, pled guilty to one count of aggravated vehicular homicide, a Class A felony, and to one count of leaving the scene of an accident involving death, a Class E felony. He was sentenced as a Range I, standard offender to twenty-five years for the former and to two years for the latter. The sentences were ordered to be served concurrently. On appeal, he argues that the trial court erred by imposing the maximum sentence for the Class A felony. We affirm the sentences ordered by the trial court.
State vs. Robert Lee Johnson, Jr. - E2007-00722-CCA-R3-CD View
Sullivan County - The defendant, Robert Lee Johnson, Jr., appeals as of right the Sullivan County Criminal Court’s denial of his request for alternative sentencing. The defendant pled guilty to seven counts of automobile burglary, six counts of theft of property valued at less than $500, one count of theft of property valued at over $500, and one count of public intoxication. By agreement, he received an effective sentence of four and one-half years with the last eighteen months to be served on probation and a determination regarding full probation to be made by the trial court. After a hearing regarding the defendant’s suitability for probation, the trial court denied any further alternative sentencing. On appeal, the defendant asserts that the trial court erred in denying him full probation. Following our review, we affirm the judgment of the trial court.
Cases posted the week of 6/2/2008
State vs. Robert L. Yates - M2006-02278-CCA-R3-CD View
Warren County - The defendant, Robert L. Yates, was convicted of aggravated robbery, a Class B felony, and was sentenced as a Range III, persistent offender to thirty years in the Tennessee Department of Correction. On appeal, he argues that the trial court erred in overruling his motion to suppress and in allowing into evidence a photo identification. After careful review, we affirm the judgment from the trial court.
State vs. Mario Green - W2006-01383-CCA-R3-CD View
Shelby County - A Shelby County Criminal Court jury convicted the appellant, Mario Green, of two counts of second degree murder, and the trial court merged the convictions and sentenced him to twenty years in confinement to be served at one hundred percent. On appeal, the appellant contends that the trial court erred by (1) instructing the jury to consider the appellant’s guilt on the lesser included offenses of first degree murder in improper sequential order and (2) instructing the jury on criminal responsibility. Finding no errors, we affirm the judgments of the trial court.
State vs. Reginald Rome - W2006-00838-CCA-R3-CD View
Shelby County - The defendant, Reginald Rome, was convicted by a Shelby County Criminal Court Jury of first degree murder and of five counts of attempted first degree murder, Class A felonies. The defendant is serving sentences of life without parole for the first degree murder and twenty years for each of the five attempted first degree murder convictions. The sentences were imposed consecutively, for an effective sentence of life without parole plus 100 years. In this direct appeal, the defendant contends (1) that the evidence is insufficient to convict him of first degree murder, (2) that the trial court erred in admitting the testimony of a nurse about a bullet recovered from the victim at the hospital, (3) that the trial court erred in allowing admission of insufficient evidence about the chain of custody of the bullet recovered at the hospital, (4) that the prosecution withheld information about a technical failure in videotaping the deposition of an unavailable witness, (5) that the trial court erred in ruling that the defendant could not introduce evidence from the deposition of a non-testifying state’s expert and then call its own expert to refute that proof, and (6) that the trial court erred in its jury instructions. Upon consideration of the defendant’s issues, we hold that no error has been shown, and we affirm the trial court’s judgments.
State vs. Brian Foster Vise - M2007-00153-CCA-R3-PC View
Bedford County - The Defendant, Brian Foster Vise, was convicted of facilitation of aggravated burglary and filing a false police report, Class D felonies, and facilitation of theft of property valued under $500, a Class B misdemeanor. The Defendant received a sentence of thirty days for the misdemeanor. The trial court sentenced him as a Range II, multiple offender to seven years for each felony conviction, ordering the seven-year sentences to be served consecutively. On appeal, he presents a single issue for our consideration: whether the trial court erred by ordering consecutive sentences. Following our review, we affirm the judgments of the trial court.
State vs. Bobby Jeffries - W2008-00036-CCA-R3-HC View
Lauderdale County - The petitioner, Bobby Lee Jeffries, appeals from the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has failed to assert a ground that would entitle him to habeas corpus relief. Accordingly, we affirm the trial court’s dismissal.
State vs. Jason Lebron Rogers - E2007-00354-CCA-R3-CD View
Hamilton County - A Hamilton County jury found the Defendant, Jason Lebron Rogers, guilty of facilitation to commit first degree felony murder and especially aggravated robbery. The trial court sentenced him to twenty-three years for the facilitation conviction and twenty-four years for the especially aggravated robbery conviction and ordered the sentences to run concurrently. On appeal, the Defendant contends: (1) the trial court did not properly rule on his motion for a directed verdict; (2) the evidence is insufficient to sustain his conviction of facilitation to commit first degree felony murder; (3) the trial court should have declared a mistrial based upon a biased juror; (4) the trial court committed several evidentiary errors; (5) the State’s closing argument constituted prosecutorial misconduct; and (6) the trial court erred in sentencing the Defendant when it applied two enhancement factors. We affirm the Defendant’s convictions. With regard to sentencing, we conclude that, pursuant to Blakely v. Washington, 542 U.S. 296 (2004), the trial court erred when it applied two enhancement factors. We, therefore, reduce the Defendant’s sentences from twenty-four and twenty-three years respectively to twenty-one years, and we remand to the trial court for entry of amended judgments reflecting the modified sentences.
State vs. Khalfani Marion - W2006-02444-CCA-R3-CD View
Shelby County - The defendant, Khalfani Marion, was convicted of four counts of aggravated robbery, a Class B felony, and one count of especially aggravated kidnapping, a Class A felony. The trial court merged the four aggravated robbery counts into two convictions and sentenced the defendant to twenty years for the especially aggravated kidnapping conviction and nine years for each aggravated robbery conviction, ordering all sentences to be served consecutively on the basis that the defendant was a dangerous offender. On appeal, the defendant argues that the evidence was insufficient to support his convictions and alleges numerous sentencing errors by the trial court. We conclude that the evidence was sufficient to support the defendant’s convictions and that the trial court did not err in imposing consecutive sentences. Accordingly, we affirm the judgments of the trial court.
Robert L. Moore vs. Jim Worthington, Acting Warden - E2007-01342-CCA-R3-HC View
Morgan County - The petitioner, Robert L. Moore, filed in the Morgan County Criminal Court a petition for a writ of habeas corpus. The habeas corpus court dismissed the petition, and, on appeal, the petitioner challenges the dismissal. In response, the State filed a motion requesting that this Court affirm the trial court’s ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties’ briefs, we conclude that the petition was properly dismissed. Accordingly, the State’s motion is granted and the judgment of the trial court is affirmed.
State vs. Charles Lincoln Falkner - E2006-02094-CCA-R3-CD View
Sullivan County - The Defendant, Charles Lincoln Faulkner, was convicted of selling more than 0.5 grams of cocaine within 1000' of school property and delivery of more than 0.5 grams of cocaine within 1000' of school property. The trial court merged the convictions and sentenced the Defendant to twenty years in prison and a fine. On appeal, the Defendant alleges the trial court erred by: (1) failing to dismiss the charges because of a material variance between the presentment and evidence at trial; (2) failing to exclude evidence of prior bad acts; (3) failing to exclude expert testimony; (4) instructing the jury in error; (5) failing to bifurcate the trial; and (6) sentencing the Defendant in violation of the Sixth Amendment. After a thorough review of the record and applicable law, we affirm the judgment of the trial court.
Tony V. Carruthers vs. Jim Worthington, Warden - E2007-01478-CCA-R3-HC View
Morgan County - The petitioner, Tony V. Carruthers, appeals from the trial court’s dismissal of his petition for habeas corpus relief, arguing that the court erred by summarily dismissing the petition and not ordering him to be transported to the courtroom for a hearing on the petition. Because the petitioner has failed to comply with the procedural requirements for filing a petition for habeas corpus relief, and because the petition does not state a cognizable claim for habeas corpus relief, we affirm the judgment of the trial court.
Bradford Thurman vs. State - E2007-00702-CCA-R3-PC VIew
McMinn County - In 2004 the petitioner, Bradford Thurman, was convicted of robbery, a Class C felony, and sentenced to five years in the Department of Correction. No direct appeal was taken from this conviction. In 2005 he filed a petition for post-conviction relief, alleging that his guilty pleas were not voluntarily and intelligently made and that his trial counsel rendered ineffective assistance. After a hearing, the post-conviction court dismissed the petition. Following our review, we affirm the judgment of the post-conviction court.
Byron A. Looper vs. State - E2005-01918-CCA-R3-PC View
Cumberland County - The petitioner, Byron A. Looper, was convicted for the murder of Tennessee Senator Tommy Burks and sentenced to life imprisonment without the possibility of parole, and his conviction and sentence were affirmed by this court. State v. Looper, 118 S.W.3d 386 (Tenn. Crim. App. 2003). Subsequently, he filed a petition for post-conviction relief consisting of approximately 700 pages and raising a large number of claims. Later, he filed amendments to his petition and documents to supplement it, which added an additional 1400 pages. After an evidentiary hearing at which the petitioner represented himself, the post-conviction court determined that he had failed to prove his claims, resulting in this appeal. On appeal, he has raised the following issues: (1) the post-conviction judge was biased against him; (2) trial and appellate counsel were ineffective; (3) the evidence was insufficient to sustain his conviction; (4) his right to counsel at trial was violated; (5) he was prejudiced by post-trial errors, actions, and inactions by the trial court and his trial counsel; (6) the prosecutors committed misconduct during closing arguments; (7) the trial court erred in its instructions to the jury; and (8) a number of trial errors resulted in his trial being unfair. Following our review, we affirm the post-conviction court’s denial of the petition.
Cases posted the week of 5/26/2008
State vs. Odis Hantz - W2007-02053-CCA-R3-CD View
Chester County - The defendant, Odis Kayaunce Hantz, appeals his Chester County Circuit Court conviction of aggravated robbery, alleging insufficiency of the evidence. We hold that the evidence presented at trial was sufficient and affirm the judgment of the trial court.
State vs. Jody Glen Loy - E2006-02206-CCA-R3-CD View
Knox County - The Appellant, Jody Glen Loy, appeals his conviction by a Knox County jury of DUI, third offense. On appeal, Loy raises four issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the trial court erred in overruling Loy’s motion to suppress because no reasonable suspicion existed to initiate a stop of his vehicle; (3) whether a prior DUI conviction was facially invalid and, thus, improperly used to enhance the imposed sentence; and (4) whether the court erred in allowing the State to amend the indictment over Loy’s objection after jeopardy attached. Following review of the record, we find no error and affirm the conviction.
State vs. Dominic Lamar Blair - M2007-00484-CCA-R3-CD View
Davidson County - The defendant, Dominic Lamar Blair, pled guilty to attempted second degree murder, a Class B felony, and attempted aggravated robbery, a Class C felony. He was sentenced as a Range I, standard offender to consecutive terms of twelve years and five years, for an effective sentence of seventeen years in the Department of Correction. On appeal, he argues that the trial court imposed an excessive sentence by not applying certain mitigating factors and by ordering consecutive sentencing. Following our review, we affirm the judgments of the trial court.
State vs. John Douglas Duke - M2007-00430-CCA-R3-CD View
Davidson County - The Defendant, John Douglas Duke, pled guilty to statutory rape. In accordance with the plea agreement, the Defendant accepted a sentence of eighteen months, with the trial court to determine the manner of service of sentence. After the sentencing hearing, the trial court denied the Defendant an alternative sentence and ordered him to serve his sentence in the workhouse. The Defendant appeals, contending that the trial court erred when it denied him an alternative sentence. After reviewing the record and applicable authorities, we find no error and affirm the judgment of the trial court.
Johnny L. McGowan, Jr. vs. State - M2008-00244-CCA-R3-PC View
Rutherford County - The Petitioner, Johnny L. McGowan, Jr., appeals from the order of the trial court dismissing his petition for post-conviction relief as time-barred. The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State’s motion and affirm the judgment of the trial court.
James C. Murray vs. James Fortner, Warden - M2007-01395-CCA-R3-HC View
Davidson County - The Petitioner, James C. Murray, was convicted in 1994 by a Davidson County jury of first degree murder and conspiracy to commit first degree murder. The trial court sentenced the Petitioner to life in prison on the murder conviction and twenty-two years on the conspiracy conviction. The court ordered the sentences to be run consecutively for an effective sentence of life plus twenty-two years. In this habeas corpus petition, the Petitioner argues that the sentence violated the Sixth Amendment to the United States Constitution and is thus void. After a thorough review of the issue and applicable law, we affirm the judgment of the habeas court.
State vs. Michael Brad Ramsey - M2007-02065-CCA-R3-CD View
Maury County - The Defendant, Michael Brad Ramsey, pled guilty to driving under the influence of an intoxicant, second offense. He was sentenced to serve forty-five days and granted work release under Tennessee Code Annotated section 41-2-128(c). Following a motion by the Defendant, the Maury County Circuit Court granted the Defendant permission to leave confinement to attend an educational institution. The State now appeals from the release order. After review, we conclude that the trial court incorrectly determined that it was authorized to grant release for educational purposes to a DUI second offender. The judgment of the trial court is reversed, and the case is remanded for further proceedings consistent with this opinion.
Anthony Tyrone Robertson - M2007-02004-CCA-R3-PC View
Montgomery County - The Defendant, Anthony Tyrone Robertson, appeals from the order of the Montgomery County Circuit Court revoking his probation. In July of 2000, the Defendant pled guilty to sexual battery and received a six-year sentence as a Range III, persistent offender. The sentence was suspended following service of one year in the county jail, and the Defendant was placed on probation. On July 16, 2004, a warrant was issued, wherein it was alleged that the Defendant violated the conditions of his probation. The warrant was twice amended to include additional violations. After a hearing, the trial court concluded that the Defendant violated the conditions of his probationary sentence and ordered that his original six-year sentence to the Department of Correction be reinstated. On appeal, the Defendant argues that the trial court abused its discretion by revoking his probation and ordering that the remainder of his sentence be served in confinement. After a review of the record, the judgment of the trial court is affirmed.
State vs. Matthew Mason - M2007-01307-CCA-R3-CD View
Bedford County - Appellant, Matthew Mason, pleaded guilty in Bedford County to burglary, theft over $10,000, evading arrest, and theft under $500. Appellant was sentenced to an effective sentence of seven years. As a result of a plea negotiation, Appellant was ordered to serve 365 days in jail, one year on community corrections with the remainder on supervised probation. Appellant successfully completed both his jail time and time on Community Corrections. However, he attempted suicide by taking three ecstasy pills and twenty Xanax pills. This resulted in the revocation of his probation and the trial court’s imposition of the service of the balance of his sentence in incarceration. Appellant now appeals the trial court’s actions. We find ample support in the record for the revocation of Appellant’s probation and the imposition of incarceration for the balance of his sentence. Therefore, we affirm the decision of the trial court.
Ronald Eugene Hall vs. State - M206-02726-CCA-R3-PC View
Davidson County - Petitioner, Ronald Eugene Hall, was convicted by a Davidson County Jury of two counts of second degree murder. The convictions were merged into a single count of second degree murder, for which Petitioner received a twenty-year sentence to be served at one-hundred percent incarceration. On direct appeal, this Court affirmed Petitioner’s conviction and sentence. See State v. Ronald Eugene Hall, M2003-02326-CCA-R3-CD, 2005 WL 292432, at *16 (Tenn. Crim. App., at Nashville, Feb. 8, 2005). Petitioner then sought post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. Petitioner appeals the judgment of the post-conviction court. We affirm the judgment of the post-conviction court because Petitioner has failed to establish that he received ineffective assistance of counsel or that he was incompetent to stand trial.
State vs. Brandon Keith Ostein and Teresa Gale Foxx - M2007-00925-CCA-R9-CO View
Davidson County - In this interlocutory appeal, Appellant, the State of Tennessee, challenges a Davidson County trial court’s grant of a motion to reveal the identity of a confidential informant. The confidential informant provided information about drug activity that led to the arrest and subsequent indictment of Appellees Teresa Gale Foxx and Brandon Keith Ostein. The trial court concluded that the confidential informant was a material witness whose identity must be disclosed because the confidential informant supplied information to police which led to the execution of a search warrant. After a review of the record and applicable authorities, we determine that the trial court erroneously granted the motion. Consequently, we reverse the judgment of the trial court and remand the matter for further proceedings consistent with this opinion.
State vs. Christopher Shane Poole - M2007-01041-CCA-R3-CD View
Separate Concurring Opinion - View
Dickson County - The Defendant, Christopher Shane Poole, pled guilty in the Dickson County Circuit Court to two counts of misdemeanor theft. Under the plea agreement, he received consecutive terms of eleven months and twenty-nine days, and his sentence was probated. Following a hearing, the trial court ordered the Defendant to pay restitution in the amount of $1400.00 to the bank where he made the fraudulent withdrawals of funds. On appeal, the Defendant argues that the bank is not a “victim” for the purposes of the restitution statute, Tennessee Code Annotated section 40-35-304. After a review of the record, we uphold the order of restitution to the bank. We remand for entry of corrected judgments.
State vs. Cedric Ruron Saine - M2007-01277-CCA-R3-CD View
(opinion on Petition to Rehear)
Davidson County - The State of Tennessee has filed a petition requesting this Court to rehear in the opinion filed on April 4, 2008. In its petition, the State requests that we reconsider our holding that the affidavit did not contain sufficient facts to establish probable cause to believe that drugs would be found inside the Defendant’s residence. The State argues that this Court’s opinion is in conflict with a prior decision of our supreme court and overlooks or misapprehends material facts established by the evidence.
State vs. Joseph Dejuan Webster - M2007-00050-CCA-R3-CD View
Davidson County - Appellant, Joseph Dejuan Webster, was convicted by a Davidson County jury of first degree premeditated murder. As a result, he was sentenced to life in prison. The trial court ordered the life sentence to be served consecutively to a prior sentence. In a motion for new trial, Appellant argued that new evidence was available to prove that his brother actually committed the crime, after a lengthy hearing, for which Appellant was convicted. The trial court denied the motion for new trial. We conclude that the evidence was available prior to Appellant’s trial and Appellant has failed to show that he used reasonable diligence in seeking the newly discovered evidence. Accordingly, the trial court did not abuse its discretion in denying the motion for new trial.
Ricky Lee Nelson vs. State - E2008-00068-CCA-R3-HC View
Johnson County - The pro se petitioner, Ricky Lee Nelson, appeals the Johnson 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 the trial court is affirmed.
Guillermo Matias Juan vs. Virginia Lewis, Warden, and State -
E2006-02672-CCA-R3-HC View
Bledsoe County - The petitioner, Guillermo Matias Juan, pled guilty in the Hamilton County Criminal Court to second degree murder and received a sentence of sixty years incarceration in the Tennessee Department of Correction. Thereafter, the petitioner filed a petition for habeas corpus relief, alleging that his sentence was void because he did not have the requisite criminal history to qualify as a persistent offender. The habeas corpus court denied the petition, and the petitioner appeals. Upon review of the record and the parties’ briefs, we affirm the judgment of the habeas corpus court.
Jesse Fulfer vs. State - E2007-02079-CCA-R3-HC View
Morgan County - Petitioner, Jesse Fulfer, pled guilty in Marion County to one count of second degree murder and one count of aggravated robbery. He subsequently filed a petition for writ of habeas corpus relief. The habeas corpus court summarily dismissed the petition based on the fact that Petitioner failed to adhere to the mandatory statutory provision found in Tennessee Code Annotated section 29-21-107. The habeas corpus court also found that Petitioner’s issue that he entered his guilty plea involuntarily was not a cognizable issue for habeas corpus relief. After reviewing the record, we find that Petitioner failed to adhere to the statutory requirements for habeas corpus relief by failing to attach the underlying judgment. In addition, the involuntary entry of a guilty plea is not a cognizable issue for relief under habeas corpus because it would render the judgment merely voidable as opposed to void as is required to obtain habeas corpus relief. Therefore, we affirm the judgment of the habeas corpus court.
State vs. George Campbell - W2007-00820-CCA-R3-CO View
Shelby County - The Petitioner, George Campbell, Jr., appeals the trial court's denial of his petition for coram nobis relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.
State vs. Trevor Ford - W2007-00291-CCA-R3-CD View
Shelby County - Following a jury trial, Defendant was convicted of one count of second degree murder. On appeal, Defendant argues that the evidence used to convict him was insufficient to sustain a conviction for any offense greater than voluntary manslaughter. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Tarkis Jones - W2007-01165-CCA-R3-PC View
Shelby County - The petitioner, Tarkis Jones, sought post-conviction relief after pleading guilty to charges of second degree murder, unlawful possession of a weapon, and assault. The Shelby County Criminal Court denied relief after an evidentiary hearing. On appeal, the petitioner argues that his guilty plea was unlawfully induced and that he received the ineffective assistance of counsel. We affirm the denial of post-conviction relief.
State vs. Jamiel D. Williams - M2007-01666-CCA-R3-CD View
WIlliamson County - The defendant, Jamiel D. Williams, appeals his Williamson County Circuit Court conviction of first degree murder, alleging that there was insufficient evidence to prove premeditation. We hold that the evidence presented at trial was sufficient and affirm the judgment of the trial court. The judgment is modified because it incorrectly classifies the sentence as a Class A felony.
Cases posted the week of 5/19/2008
State vs. Paul Schlueter - E2006-02365-CCA-R3-CD View
Hamilton County - The appellant, Paul Schlueter, pled guilty in the Hamilton County Criminal Court to one count of driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days. As a condition of his plea, the appellant reserved a certified question of law: “whether the officer was justified in stopping and seizing this [appellant] pursuant to his community caretaking function or any other reasonable and articulable suspicion by activating his lights on or about 9-2-05.” Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Byron Anthony Looper vs. Jim Worthington, Warden - E2007-01686-CCA-R3-HC View
Morgan County - The petitioner, Byron Anthony Looper, appeals the Morgan County Criminal Court’s dismissal of his petition for habeas corpus relief from his 2000 Cumberland County conviction of first degree murder. The State has moved to have this court summarily affirm the dismissal pursuant to Rule 20 of the rules of this court. The motion is well taken, and we affirm the order of dismissal pursuant to Rule 20.
State vs. Robert Adams Jr. - W2007-00880-CCA-R3-CD View
Tipton County - The Appellant, Robert Lee Adams, Jr., was convicted by a Tipton County jury of Class B felony possession of a Schedule II controlled substance and misdemeanor possession of a Schedule VI controlled substance. Following a sentencing hearing, the trial court sentenced Adams to fourteen years, as a Range II multiple offender, for Class B felony possession of cocaine and to eleven months and twenty-nine days for misdemeanor possession of marijuana. On appeal, Adams raises three issues for our review: (1) whether the trial court erred in denying Adams’ motion to suppress evidence upon grounds that the pat-down search was not supported by a reasonable fear for officer safety; (2) whether the evidence was sufficient to support the conviction for felony possession of a Schedule II controlled substance with the intent to deliver; and (3) whether the court erred in allowing the State to question the TBI forensic agent regarding the average weight of cocaine tested in a typical cocaine prosecution case. Following review, the judgments of conviction is affirmed.
State vs. Jeremy W. Meeks - M2007-01600-CCA-R9-CD View
Grundy County - The State of Tennessee pursues an interlocutory appeal of the Grundy County Circuit Court’s suppression of the confession of the defendant, Jeremy W. Meeks, to charges of rape of a child, see T.C.A. § 39-13-522, and aggravated sexual battery, see id. § 39-13-504. We reverse the order of the trial court.
State vs. Mitchell Eads - E2006-02792-CCA-R3-CD View
Claiborne County - The defendant, Mitchell Eads, was convicted by a Claiborne County jury of felony escape, a Class E Felony, for escaping from the Claiborne County Jail and was sentenced by the trial court as a career offender to six years in the Department of Correction. Pursuant to the escape statute, the trial court ordered that the sentence be served consecutively to the effective twenty-four-year sentence the defendant received in case number 11969 for the felony charges for which he was being held at the time of his escape. On appeal, the defendant argues that the evidence was insufficient to sustain his conviction, a fatal variance existed between the indictment and the proof presented at trial, the trial court improperly excluded testimony from two correctional officers about the defendant’s permission to leave the jail, and the trial court erred in ordering that the six-year escape sentence be served consecutively to the sentence in case number 11969. Following our review, we affirm the judgment of the trial court.
Eric Matthew Kesterson vs. State - E2007-02001-CCA-R3-PC View
Hamblen County - The petitioner, Eric Matthew Kesterson, pled guilty to rape of a child in exchange for a sentence of fifteen years to be served at 100%. The petitioner now appeals the post-conviction court’s denial of his request for post-conviction relief and contends that: (1) he received the ineffective assistance of counsel and (2) his guilty plea was unknowing and involuntary. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Michael Raines - E2007-00840-CCA-R3-CD View
Polk County - After a second trial, the defendant, Michael Raines was convicted by jury of second degree murder and received a twenty-three-year sentence. On appeal, the defendant argues that the evidence was insufficient to sustain his conviction for second degree murder. Following our review of the record, parties’ briefs, and applicable law, we affirm the defendant’s conviction.
State vs. Holden Gregory Reece - E2007-01183-CCA-R3-CD View
Cocke County - In March 2006, the defendant, Holden Gregory Reece, was indicted on one count of theft of property valued at $1000 or more, one count of aggravated burglary, four counts of burglary, and one count of vandalism of $1000 or more. In July 2006, the defendant pled to the offenses as alleged in the indictment; as a condition of his plea, he was placed on judicial diversion for six years and ordered to pay restitution, with the amount of restitution to be determined at a later date. Following an April 2007 restitution hearing, the trial court ordered restitution in the amount of $38,761.35, with the defendant and co-defendant John Paul Golden held jointly and severally liable for the restitution amount. Reece appeals, arguing that the trial court’s imposed restitution was excessive in that a portion of the damages as computed in the restitution order were caused in a separate criminal episode, and as such the imposition of joint and several liability for the entire restitution amount was improper. The defendant also asserts that the trial court did not take his inability to pay into consideration when computing the restitution amount. After reviewing the record, we affirm the restitution amount and joint and several liability imposed by the trial court.
State vs. Clarence Gaston - W2007-01841-CCA-R3-HC View
Obion County - The Petitioner, Clarence Carnell Gaston, 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. Robert Kimbrel - W2007-00739-CCA-MR3-CO View
Shelby County - The Petitioner, Robert Kimbrel, appeals the trial court's denial of his petition for coram nobis relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. We conclude that the State's motion is meritorious. Accordingly, we grant the State's motion and affirm the judgment of the lower court.
State vs. Gregory Maness - W2007-00537-CCA-R3-CD View
Chester County - The Appellant, Gregory Derrick Maness, appeals the sentencing decision of the Chester County Circuit Court ordering that his sentences be served in confinement. Following Maness’ guilty pleas to the filing of a false report, a Class D felony, and to the misdemeanor crimes of domestic assault and theft, Maness received an effective four-year sentence in the Department of Correction. On appeal, Maness raises the sole issue of whether the trial court erred “by sentencing [him] to the Tennessee Department of Corrections [sic], rather than an available alternative to incarceration?” After review, we affirm.
State vs. Jeffrey Simmons - W2007-01925-CCA-R3-HC View
Hardeman County - The petitioner, Jeffrey A. Simmons, was denied the writ of habeas corpus by the Hardeman County Circuit Court based upon his claims that (1) the indictments were void because they listed “Jane Doe” as the victim, (2) the indictments were void because they failed to allege a mens rea, and (3) the trial court was without jurisdiction to sentence him because it did not comply with Tennessee Code Annotated section 40-35-209(a) by not sentencing him within forty-five days of conviction. Upon review, we hold that the trial court properly dismissed the petition and affirm its order dismissing the petition.
State vs. Thornton Shayne Snapp - E2007-00353-CCA-R3-CD View
Sullivan County - The defendant, Thornton Shayne Snapp, pled guilty in the Sullivan County Criminal Court to one count of failure to appear, a Class E felony. Following a sentencing hearing, the trial court sentenced the defendant to four years in the Department of Correction as a Range II, multiple offender, and ordered that the defendant’s sentence be served consecutively to a five-year sentence the defendant received in another case. The defendant appeals, alleging that the trial court erred in denying him alternative sentencing on the failure to appear offense. After reviewing the record, we conclude that the trial court properly sentenced the defendant to incarceration and therefore affirm the judgment of the trial court.
State vs. Richard Lynn Dixon - E2007-00765-CCA-R3-CD View
Blount County - Defendant, Richard Lynn Dixon, appeals the revocation of his probation by the trial court. On appeal, Defendant asserts that the trial court abused its discretion in revoking Defendant's probation. After a thorough review of the record, the judgment of the trial court is affirmed.
State vs. Bobby Dior McMillian - M2006-02593-CCA-R3-CD View
Davidson County - The defendant, Bobby Dior McMillian, was convicted of aggravated robbery, a Class B felony, and sentenced to eleven years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support the conviction and that the trial court sentenced him improperly. After careful review, we conclude that no error exists and affirm the judgment from the trial court.
State vs. Alvin Green - W2007-00570-CCA-R3-CD View
Shelby County - The defendant, Alvin Green, was convicted of three counts of especially aggravated kidnapping and two counts of attempted aggravated robbery and received an effective sentence of forty-six years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support his convictions because the State did not adequately rebut his defense of duress. Further, he argues that the trial court erred in permitting the State to introduce his statements soliciting the murder of the State’s witnesses; by allowing a lay witness to testify regarding the operation of the weapon used during the offenses; and in applying an enhancement factor and imposing consecutive sentences. After review, we affirm the judgments of the trial court and remand for entry of a corrected judgment in Count 4 to reflect that the defendant was convicted of attempted aggravated robbery, a Class C felony, rather than attempted robbery.
State vs. Terry Lynn Byington - E2007-01129-CCA-R3-CD View
Sullivan County - Defendant, Terry Lynn Byington, appeals the trial court’s order declaring him to be a Motor Vehicle Habitual Offender (MVHO). Defendant argues on appeal that the trial court erred in allowing the petition to continue despite a delay in filing and whether this delay violated his constitutional right to due process under the Fifth Amendment to the federal constitution. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Brian Eugene Stansberry, Alias - E2007-01227-CCA-R3-CD View
Knox County - This case involves an appeal by the state from an order of the trial court revoking the defendant’s probation and placing him in a community corrections program rather than ordering confinement. Because we conclude that the trial court was without statutory authority to place the defendant in a community corrections program after revoking his probation, we reverse the court’s judgment and order that the defendant be placed in confinement for the balance of his original two-year sentence.
Thomas Barger vs. State - E2007-01170-CCA-R3-PC View
Knox County - The petitioner, Thomas E. Barger, pled guilty to two counts of robbery. He received consecutive five year sentences and was placed on probation. The petitioner argued that as a result of the ineffective assistance of counsel, he entered into a plea agreement for which he received an illegal sentence. After a hearing, the post-conviction court dismissed the petitioner’s petition but ordered that a clerical error in the petitioner’s judgment be corrected. The petitioner appeals the judgment of the post-conviction court. Following our review of the parties’ briefs, the record, and the applicable law, we affirm the judgment of the post-conviction court.
State vs. Timothy Waters - W2007-02739-CCA-R3-HC VIew
Lauderdale County - The Petitioner, Timothy Earl Waters, appeals the Lauderdale County Circuit Court’s denial of his petition for the writ of habeas corpus. In 1989, Waters was convicted by a Shelby County jury of first degree murder and assault with intent to commit first degree murder. The State has filed a motion requesting that this court affirm the lower court’s ruling pursuant to Rule 20, Rules of the Court of Criminal Appeals. Following review, we conclude that the petition fails to allege any ground which would render the challenged judgments of conviction void. Accordingly, dismissal of the petition is affirmed.
Cases posted the week of 5/12/2008
William Anthony Hayworth vs. State - M2007-01323-CCA-R3-PC View
Bedford County - The petitioner, William Anthony Hayworth, appeals from the denial of his petition for post-conviction relief. The petitioner pled guilty to one count of aggravated robbery, a Class B felony, and one count of aggravated burglary, a Class C felony. He received a sentence of twenty years for the Class B felony and ten years for the Class C felony as a Range III, persistent offender, with the sentences to be served concurrently. He later filed a petition for post-conviction relief, alleging ineffective assistance of counsel. After careful review, we affirm the judgment from the post-conviction court.
State vs. Tyrone Felton - W2007-02107-CCA-R3-HC View
Lake County - The Petitioner, Tyrone Felton, appeals the Lake County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus. Felton seeks habeas corpus relief from his two 1997 Shelby County convictions for aggravated rape, which were entered as a result of his pleas of guilt to these crimes. On appeal, Felton contends that he was sentenced as a multiple rapist on each of the aggravated rape convictions with a release eligibility of thirty percent, and, because “the statute mandates service of such sentence at 100%,” his sentences are illegal and, therefore, void. Review of the face of the judgments of conviction establishes that Felton was sentenced as a “Standard 30% Range 1” offender and as a “Multiple Rapist.” However, review of the record of the proceedings before us clearly demonstrates that a release eligibility of thirty percent was simply a gratuitous and unwarranted entry which, although approved by the trial judge, was not a “bargained-for element” of Felton’s pleas. See Smith v. Lewis, 202 S.W.3d 124, 130 (Tenn. 2006). Consistent with this holding, we remand the case to the original court of conviction for entry of corrected judgments of conviction for aggravated rape to reflect service of the two sentences as a multiple rapist. Dismissal of the petition is affirmed.
State vs. Darron Price - W2006-02233-CCA-R3-PC View
Shelby County - The Petitioner, Darron Price, appeals the summary dismissal of his pro se petition for post-conviction relief by the Shelby County Criminal Court. Price was convicted in 2003 for attempted first degree murder, attempted especially aggravated kidnapping, and aggravated robbery. State v. Darren Price, No. W2003-01447-CCA-MR3-CD (Tenn. Crim. App. at Jackson, Feb. 9, 2005). The judgments were affirmed on direct appeal, and our supreme court denied Price’s application for permission to appeal on June 20, 2005. Id. Subsequently, Price filed the instant petition for post-conviction relief. The post-conviction court denied Price an evidentiary hearing based upon its determination that the petition was untimely pursuant to the one-year statute of limitations. On appeal, Price argues that the post-conviction court erred in summarily dismissing his petition as untimely. After review, we conclude that the record supports a threshold showing of Price’s compliance with Tennessee Supreme Court Rule 28, § 2(G). Accordingly, we vacate the trial court’s order dismissing Price’s petition, and we remand for an evidentiary hearing to determine whether Price can show by a preponderance of the evidence that he complied with Rule 28 § 2(G) in filing his post-conviction petition.
State vs. James Bernard Cox - M2007-01080-CCA-R3-CD View
Davidson County - The defendant, James Bernard Cox, pled
guilty to rape, a Class B felony, and received an eight-year
sentence of split confinement as a Range I offender, with seven years to be
served on probation. He
appeals the Davidson County Criminal Court’s sentencing determination,
arguing that the court did
not give him pretrial credits, thus making his service in confinement greater
than the statutory
maximum of twelve months. The state agrees that the trial court erred in not
granting pretrial jail
credits. We also agree and reverse the trial court and remand the case for
an amended judgment that
includes pretrial jail credits.
Vincent Tracy Morton vs. State - M2007-00900-CCA-R3-CD View
Williamson County - The defendant, Vincent Tracy Morton, entered
guilty pleas to three counts of delivery of more than
.5 gram of cocaine for resale, Class B felonies, and was sentenced to consecutive
eleven year Range
I sentences for a total effective sentence of thirty-three years. The defendant
did not appeal the
sentencing determination. Thereafter, the defendant filed a timely petition
for post-conviction relief
and the court, by agreement of the parties, granted a delayed appeal pursuant
to Tennessee Code
Annotated section 40-30-113. In this appeal as of right, the defendant asserts
that the trial court
imposed sentences that are excessive in both length and manner of service.
The state contends that
the trial court imposed appropriate sentences. Following our review, we affirm
the judgments of the
trial court.
Samuel Pegues vs.
Gil Mathis, Acting Warden - M2007-01615-CCA-R3-HC View
Davidson County - The Appellant, Samuel Pegues, appeals the
Davidson County Circuit Court’s
summary dismissal of
his petition for the writ of habeas corpus. Pegues, currently incarcerated
in DeBerry Special Needs
Facility in Nashville, was convicted of second degree murder in Madison County
Circuit Court and
was sentenced to twenty-one and one-half years in confinement. He filed the
instant habeas corpus
petition alleging: (1) that the convicting court lacked jurisdiction to adjudicate
his case because the
indictment was insufficient; and (2) that the jury instructions were unconstitutional
in that they
shifted the burden of proof with regard to voluntary manslaughter. The habeas
corpus court
summarily dismissed the petition without the appointment of counsel, finding
that the judgment of
conviction was not void. An order was entered to this effect on May 29, 2007.
On July 9, 2007,
Pegues filed notice of appeal. On appeal, Pegues first argues that the habeas
corpus court erred in
finding that the indictment was not defective. With regard to his second issue,
Pegues alters his
argument on appeal and now contends that he was deprived of a constitutionally
complete jury
charge by the trial court’s omission of the “knowing” element
of the crime of second degree murder.
Although not raised by either party, we are constrained to note that the notice
of appeal in this case
was not timely filed. Moreover, “the interest of justice” does
not require that the timeliness
requirement be waived, as Pegues issues do not warrant relief. Accordingly,
the appeal is dismissed.
Barry W. Ritchie vs. Howard Carlton, Warden - E2007-01606-CCA-R3-HC View
Johnson County - The petitioner appeals the Johnson County Criminal Court’s summary
dismissal of his petition for writ of habeas corpus, alleging that the
court abused its discretion in dismissing his petition. The petitioner
specifically alleges that his judgments are void because the judge did
not sign them and that the language of the aggravated rape statute used
to convict him was unconstitutionally vague. Because neither of the petitioner’s
arguments would render his convictions void, we affirm the dismissal of
the writ of habeas corpus.
Terry E. Justus vs. State - E2007-01008-CCA-R3-PC View
Sevier County - The petitioner, Terry E. Justus,
pled guilty to two counts of second degree murder, and the trial court
sentenced him to an agreed sentence of thirty-five years to be served
at 100%. The petitioner filed a pro se petition for post-conviction relief,
which was amended by appointed counsel, alleging that he did not receive
the effective assistance of counsel and that his plea was not knowingly
and voluntarily entered. The post-conviction court dismissed the petition
after a hearing. On appeal, the petitioner contends that his guilty plea
was not knowingly and voluntarily entered because his trial counsel was
ineffective for allowing him to enter the plea without the benefit of
information relevant to his guilty plea, namely: (1) the outcome of his
motion to suppress; and (2) the results of a DNA report. After reviewing
the issues and applicable authorities, we affirm the post-conviction court’s
judgment.
John E. Carter vs. Howard Carlton, Warden - E2007-02616-CCA-R3-HC View Johnson County - The petitioner, John E. Carter, appeals
from the Johnson County Circuit Court’s summary dismissal of his
petition for a writ of habeas corpus, and the State of Tennessee moves
this court, pursuant to Rule 20 of the Rules of the Tennessee Court of
Criminal Appeals, to summarily affirm the circuit court’s order.
We agree that such motion is well taken, and we affirm the denial of habeas
corpus relief.
State vs. Larry Davis - W2007-00138-CCA-R3-CD View
Shelby County - Appellant, Larry Davis, was convicted
by a Shelby County jury of attempted aggravated kidnapping. As a
result, he was sentenced as a Range III persistent offender to a
fourteen-year sentence. Appellant appeals, arguing that the evidence
is insufficient to support the conviction and that the trial court
imposed an excessive sentence. Following our review of the record
and the applicable authorities, we determine that the evidence was
sufficient to support a conviction for attempted aggravated kidnapping
and that the trial court properly sentenced appellant.
State vs. Pierre Jackson - W2006-02127-CCA-R3-CD View
Shelby County - In 2003 the defendant, Pierre Jackson,
was convicted by a Shelby County jury of two counts of aggravated vehicular
homicide, two counts of leaving the scene of an accident, and one count
of driving on a revoked license, third offense, receiving an effective
sentence of fifty-two years, five months, and twenty-nine days. On appeal,
he argues that the State’s
proof as to prior DUI convictions was deficient, the indictments and jury
instructions were deficient, and the trial court erred in sentencing.
Following our review, we affirm the defendant’s
convictions but remand for resentencing as to the convictions for aggravated
vehicular homicide upon finding that the trial court’s application
of one sentencing enhancement factor violated the Sixth Amendment. We
also direct the entry of judgments reflecting the convictions for leaving
the scene of an accident.
State vs. Antonio Sanders - W2007-01089-CCA-R3-PC View
Shelby County - The Petitioner, Antonio Sanders, appeals
from the order of the Shelby County Criminal Court denying post-conviction
relief. On appeal, he argues that he did not receive the effective assistance
of counsel at trial, and therefore, that the post-conviction court erred
by denying relief. Following our review of the record and the parties’ briefs,
we affirm the post-conviction court’s order dismissing the petition.
State vs. Marcellus Jeffries - W2007-02027-CCA-R3-HC View
Lauderdale County - Petitioner, Marcellus Jeffries, appeals
the trial court’s order dismissing
his petition for writ of habeas corpus. We are persuaded that the trial
court was correct in summarily dismissing the habeas corpus petition because
petitioner did not demonstrate that his convictions were void. The judgment
of the trial court is affirmed.
State vs. Sheryl Skwarckez - M2007-02579-CCA-R3-CD View
Davidson County - This matter is before the Court
upon the State’s
motion to affirm the judgment of the trial court by memorandum opinion
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals.
The defendant has appealed the trial court’s revocation of
her probation. Upon a review of the record
in this case, we are persuaded that the trial court was correct in revoking
the defendant’s probation and ordering her to serve her sentence,
and 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. Gabriele Glatt - M2007-00405-CCA-R3-CD View
Montgomery County - Appellant, Gabriele Glatt, was
convicted in a bench trial in Montgomery County of theft of property over
$10,000. At the sentencing hearing, appellant was sentenced to four years,
all but ninety days suspended, and she was ordered to pay restitution
in total of $14,610. Appellant appeals arguing that: (1) the evidence
was insufficient; (2) the trial court erred in denying judicial diversion;
and (3) the trial court erred in ordering restitution without making the
requisite findings according to Tennessee Code Annotated section 40-35-304(d).
After a thorough review of the record, we reverse the trial court’s
order of restitution and remand for a hearing during which the trial court
must make the requisite findings pursuant to Tennessee Code Annotated
section 40-35-304(d). In all other respects, we affirm the judgment of
the trial court. Therefore, we affirm in part, reverse in part, and remand
this case to the trial court for further proceedings in accordance with
this opinion.
State vs. Mitchell Richardson, John Travis Richardson,
April C. Richardson and Amber Campbell - E2006-01580-CCA-R3-CD View
Bledsoe County - A Bledsoe County Circuit Court jury
convicted the defendants Mitchell Richardson and John Travis Richardson
of aggravated assault, a Class C felony, and the defendants April C. Richardson
and Amber Campbell of assault, a Class A misdemeanor. Mitchell Richardson
and John Travis Richardson were sentenced to serve four years and six
months in the Department of Correction, and April C. Richardson and Amber
Campbell were sentenced to serve ten months, with ten days to be served
in jail and the remainder on probation. In this direct appeal, all defendants
raise issues regarding denials of a severance and mistrial regarding admission
of evidence of an out-of-court statement of Amber Campbell and sentencing.
In addition, Mitchell Richardson, April C. Richardson, and Amber Campbell
challenge the sufficiency of the evidence. Upon review, we affirm the
convictions but modify the length of the sentences of Mitchell Richardson
and John Travis Richardson based upon State v. Gomez, 239 S.W.3d 733 (Tenn.
2007). We affirm the sentences of all defendants with respect to the trial
court’s imposition of confinement.
Cory O. Johnson vs. Jack Morgan, Warden - E2007-02780-CCA-R3-HC View
Morgan County - The petitioner, Cory O. Johnson, 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 the trial court is affirmed.
State vs. Anthony Duran Hines - M2007-00493-CCA-R3-CD View
Montgomery County - The defendant, Anthony Duran Hines,
was convicted of burglary, a Class D felony, and was sentenced to twelve
years in confinement as a career offender. On appeal, he argues that the
trial court abused its discretion by allowing the police officer to testify
as an expert regarding observations made about the defendant and crime
scene immediately following the defendant’s arrest. After careful
review, we conclude that the trial court did not abuse its discretion.
We affirm the judgment from the trial court.
State vs. Sentorya L. Young - M2005-01873-CCA-R3-CD View
Davidson County - The Defendant, Sentorya L. Young, was
convicted in the Davidson County Criminal Court of second degree murder
and two counts of aggravated assault. He received an effective sentence
of life without the possibility of parole as a repeat violent offender.
Thereafter, he filed a petition for writ of error coram nobis, alleging
that a prejudicial and extraneous piece of paper was sent to the jury
room as substantive evidence. The trial court denied the petition. In
this consolidated appeal, he raises the following four issues for our
review: (1) whether the evidence was sufficient to support his convictions;
(2) whether the trial court failed to properly perform its role as thirteenth
juror; (3) whether the trial court erred by allowing the prosecutor to
express a personal opinion through the admission of a chart; and (4) whether
the trial court erred in denying his writ of error coram nobis petition.
Finding no error, we affirm the judgments of the trial court.
State vs. Heather Massengill - E2006-02602-CCA-R3-CD View
Bradley County - The defendant, Heather Massengill, appeals
as of right her jury convictions for conspiracy to commit aggravated robbery,
two counts of facilitation of attempted aggravated robbery, and facilitation
of felony murder. The trial court sentenced the defendant as a Range I,
standard offender to concurrent sentences of four years for the conspiracy
count, three years for one facilitation of attempted aggravated robbery,
five years for the other facilitation of attempted aggravated robbery,
and seventeen years for the facilitation of felony murder, for a total
effective sentence of seventeen years. On appeal, she raises three issues
for this court’s review: (1) whether the trial court erred in denying
a motion to suppress the statement of her codefendant, (2) whether the
trial court erred in admitting a copy of a compact disc recorded statement
of another codefendant after the original recording had been destroyed,
and (3) whether the trial court erred in excluding evidence of an outstanding
warrant for the purpose of impeaching a codefendant. The state contends
that the defendant’s
appeal should be dismissed for failure to file a timely motion for new
trial and notice of appeal. We conclude that the issues alleged on appeal
are waived because the defendant failed to file a timely motion for a
new trial. We further conclude that the defendant has failed to seek a
waiver of the timely filing of the notice of appeal in this case. Therefore,
the appeal shall be dismissed.
State vs. Lonnie Jones - W2007-01120-CCA-R3-CD View
Shelby County - The appellant, Lonnie Jones, was convicted
by a jury in the Shelby County Criminal Court of aggravated robbery. The
trial court sentenced the appellant as a standard Range I offender to
eleven years in the Tennessee Department of Correction. On appeal, the
appellant challenges the sufficiency of the evidence supporting his conviction.
Upon review of the record and the parties’ briefs, we affirm the
judgment of the trial court.
State vs. Jeffery Turner -W2007-01364-CCA-R3-CD View
Gibson County - The Appellant, Jeffrey Lee Turner, appeals
the sentencing decision of the Humboldt Law Court for Gibson County. Turner
pled guilty to one count of aggravated statutory rape, fifteen counts
of statutory rape, and two counts of contributing to the delinquency of
a minor. After a sentencing hearing, the trial court sentenced Turner
to an effective term of eleven years, eleven months, and twenty-eight
days. On appeal, Turner challenges the length of his sentences, specifically
alleging (1) that the trial court misapplied enhancement and mitigating
factors and (2) that the trial court erred in imposing partial consecutive
sentences. After a thorough review of the record and the briefs of the
parties, we affirm.
Cases posted the week of 5/5/2008
Patrick Thurmond vs. Howard Carlton, Warden - E2007-02339-CCA-R3-HC View
Johnson County - The petitioner, Patrick Thurmond, appeals
from the habeas corpus court’s dismissal of his petition. On appeal,
he argues that his sentences are illegal because the trial court applied
sentencing enhancement factors which were unsupported by the record and
imposed consecutive sentencing without making specific findings of fact.
Because he did not raise these issues in his petition for habeas corpus
relief, he has waived our consideration of them. Furthermore, even if
taken as true, his allegations fail to state a cognizable claim for habeas
corpus relief. The judgment of the habeas corpus court is affirmed.
Kenneth D. Cross, Jr. vs. State - E2007-01200-CCA-R3-PC View
Cumberland County - The petitioner, Kenneth D. Cross,
Jr., pled guilty in the Cumberland County Criminal Court to aggravated
vehicular homicide and received a sentence of twenty years. Thereafter,
the petitioner filed a petition for post-conviction relief, alleging that
his trial counsel was ineffective by failing to pursue a motion to suppress
the results of a blood alcohol test that was taken without his consent
and that his pleas were not knowingly and voluntarily entered. The post-conviction
court denied the petition, and the petitioner now appeals. Upon review
of the record and the parties’ briefs, we affirm the judgment of
the post-conviction court.
State vs. Richard Anthony Arriola - M2007-00428-CCA-R3-CD View
Davidson County - After conducting a bench trial, the
trial court found the Defendant, Richard Arriola, guilty of one count
of first degree murder, one count of attempted first degree murder, and
two counts of attempted second degree murder. The trial court sentenced
the Defendant to an effective sentence of life imprisonment plus fifteen
years. On appeal, the Defendant contends that the trial court erred when
it: (1) used an improper legal standard for an insanity defense because
it required the Defendant to prove both that he was unable to appreciate
the nature of his acts and that he was unable to appreciate the wrongfulness
of his acts; and (2) sentenced the Defendant to consecutive sentences.
After a thorough review of the case and the applicable law, we remand
this case to the trial court for the clarification of its factual findings
with respect to insanity.
State vs. Sammy Andrew Brooks, Jr. - M2006-02449-CCA-R3-CD View
Davidson County - The Appellant, Sammy Andrew Brooks,
Jr., appeals his Davidson County jury conviction for driving under the
influence, second offense, and the imposition of the resulting sentence
of eleven months and twenty-nine days with service of ninety days in confinement.
On appeal, Brooks raises the following issues: (1) whether the language
of the DUI pattern jury instruction, particularly the phrase “impairs
to any extent,” is confusing and reduces the State’s
burden of proof; (2) whether the trial court erred in admitting the results
of his breath alcohol test at trial; (3) whether the evidence was legally
sufficient to support his conviction for driving under the influence;
and (4) whether the decision of the trial court to sentence him to ninety
days in jail was excessive. After review, we conclude that no reversible
error exists and affirm.
State vs. Kimberly A. Bush O'Neal - M2007-01617-CCA-R3-CD View
Bedford County - The Defendant, Kimberly A. Bush O’Neal,
was declared a motor vehicle habitual offender (MVHO) by order of the
Bedford County Circuit Court. The Defendant subsequently filed a motion,
pursuant to Rule 60 of the Tennessee Rules of Civil Procedure, asking
the Bedford County Circuit Court to declare the MVHO order void because
it did not comply with Rule 58 of the Tennessee Rules of Civil Procedure.
In the Circuit Court and on appeal, the Defendant claims the order is
void because the court clerk did not sign the certificate of service.
After a thorough review of the record and the applicable law, we conclude
the order was not void and affirm the trial court’s
judgment.
State vs. David Ford - M2007-00431-CCA-R3-CD View
Marion County - Following the execution of a search warrant
and seizure of various items from his residence, the defendant, David
Ford, was indicted for one count of promotion of methamphetamine manufacturing
and one count of initiation of a process intended to result in the manufacture
of methamphetamine. He moved to suppress the evidence seized as the result
of the search, arguing that the search warrant was void ab initio because
it was signed by a city court judge and that such judges do not have the
authority to issue search warrants. The trial court agreed with this claim,
granted the motion to suppress, and dismissed the defendant’s indictment.
On appeal, the State argues that the trial court erred in finding that
city court judges may not issue search warrants. We agree with the State,
reverse the judgment of the trial court, and remand with instructions
to deny the motion to suppress and reinstate the indictment.
State vs. Anthony Riggs - M2007-02322-R