The following Opinions are available for download:
Cases posted the week of 09/25/2006
State v. Matthew Carfi - M2005-01467-CCA-R3-CD View
Sumner County - The Defendant, Matthew Carfi, was convicted of official misconduct, aggravated assault, and aggravated burglary. The Defendant was sentenced to an effective sentence of fifteen years in prison as a Range I offender. On appeal, the Defendant contends that: (1)the trial court erred when it denied his motion to exclude testimony about the Defendant’s prior bad acts; (2) the trial court erred when it rejected the Defendant’s application for pre-trial diversion; (3) the trial court erred when it rejected the Defendant’s claim that the State had to elect between the offenses of especially aggravated burglary and aggravated assault; (4) Tennessee Code Annotated section 39-14-402 (2003) is unconstitutional in that it fails to give notice of prohibited conduct (5) the trial court erred when it allowed the prosecution to amend the indictment; (6) the evidence presented at trial is insufficient to support the Defendant’s convictions; (7) that the trial court erred when it allowed the State to introduce evidence at trial despite the fact that the State failed to comply with Tennessee Rule of Criminal Procedure16(a)(1)(c); (8) the trial court erred when it allowed entire pre-trial statements into the evidence; (9) the trial court improperly allowed hearsay testimony into the evidence; (10) the trial court allowed the State to present an improper closing argument; (11) the trial court erred when it failed to require the State to elect for which co-defendant’s commission of aggravated assault the Defendant was being held responsible; and (12) the trial court erred when it sentenced the Defendant. After throughly reviewing the record and applicable authorities, we affirm the Defendant’s convictions. We, however, conclude that the trial court committed reversible error when sentencing the Defendant, and we remand the case for a new sentencing hearing.
State vs. Frank Ramsey - E2005-02595-CCA-R3-CD View
Sullivan County - The Appellant, Frank Ramsey, appeals the sentencing decision of the Sullivan County Criminal Court following his guilty plea to the crime of initiating a false report in violation of Tennessee Code Annotated section 39-16-502(a)(1)(c). Pursuant to the plea agreement, he was sentenced as a Range II multiple offender to a sentence of four years with the manner of service of the sentence to be determined by the trial court. On appeal, the Appellant argues that the trial court erred by denying his request for alternative sentencing. After review of the record, we affirm the judgment of the trial court.
State v. Jimmy Lee Bonds - M2005-02546-CCA-R3-CD View
Davidson County - The appellant, Jimmy Lee Bonds, was convicted by a jury in the Davidson County Criminal Court of first degree premeditated murder, felony murder, especially aggravated robbery, and two counts of aggravated burglary. The trial court merged the two murder convictions and imposed a total effective sentence of life plus twenty-eight years. On appeal, the appellant raises issues regarding the sufficiency of the evidence surrounding his murder convictions, the trial court’s failure to timely rule on his motion for a judgment of acquittal, and the sentence imposed. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. Thomas Studdard - W2004-00500-CCA-R3-PC View
Dyer County - The petitioner, Thomas Studdard, was indicted by the Dyer County Grand Jury on three counts of rape of a child in 2002. The petitioner subsequently pled guilty to one count of incest and was sentenced to eight years as a Range II multiple offender. The petitioner sought a reduction of his sentence in the trial court. The trial court denied the relief sought and the petitioner appealed. On direct appeal, this Court, without reaching the merits of the petitioner’s sentencing issues, vacated the judgment of conviction on the grounds that incest was not a lesser-included offense of rape. Thomas Poston Studdard v. State, No. W2003-01210-CCA-R3-PC, 2004 WL 370259 (Tenn. Crim. App., at Jackson, Feb. 27, 2004), perm. app. granted, (Tenn. Sept. 7, 2004). Having granted the petitioner’s application for permission to appeal, our supreme court concluded that the trial court had jurisdiction to accept the petitioner’s guilty plea and remanded the case to this Court for consideration of the sentencing issues. Studdard v. State, 182 S.W.3d 283 (Tenn. 2005). On remand, this Court determined that the trial court did not err in denying the petitioner’s motion to reduce his sentence and that the certification requirement of Tennessee Code Annotated section 40-35-503(c) did not violate the petitioner’s equal protection rights. Thomas Poston Studdard v. State, No. W2005-02707-CCA-RM-PC, 2006 WL 287427 (Tenn. Crim. App., at Jackson, Feb. 6, 2006), perm. app. denied, (Tenn. May 30, 2006). While the petitioner’s direct appeal was still pending, the petitioner sought post-conviction relief on the basis of ineffective assistance of counsel. The post-conviction court denied the petition and the petitioner sought relief in this Court. After a review of the record, we affirm the judgment of the post-conviction court.
State vs. Xavier Todd - W2005-02483-CCA-R3-PC View
Shelby County - The appellant appeals from the trial court’s denial of a motion for nunc pro tunc order. Because such an order is not subject to an appeal as of right under Rule 3 of the Tennessee Rules of Appellate Procedure, we dismiss the appellant’s appeal.
State vs. Donald Slagle, Jr. - E2005-02882-CCA-R3-CD View
Loudon County - Following a bench trial in the Loudon County Criminal Court, the Appellant, Donald Bradford Slagle, Jr., was convicted of the felony offense of driving under the influence (DUI), fourth offense, in addition to five other driving violations. As a result of his Class E felony conviction for DUI, Slagle received a one-year community corrections sentence with one hundred fifty days to be served in confinement. On appeal, Slagle argues that the evidence is insufficient to establish that he was “voluntarily” operating his vehicle when stopped by the arresting officer. After review, we conclude that the convicting evidence was legally sufficient. Accordingly, the judgment of conviction for fourth offense DUI is affirmed.
William D. Terry v. State - M2005-01867-CCA-R3-PC View
Davidson County - The petitioner, William D. Terry, pled guilty to possession of one-half gram or more of cocaine with the intent to sell, a Class B felony. He received a ten-year sentence of incarceration, to be served at thirty percent. The petitioner appeals the Davidson County Criminal Court’s dismissal of his petition for post-conviction relief and contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.
State v. Jennifer Siliski - M2004-02361-CCA-R3-CD View
Williamson County - The defendant, Jennifer Siliski, is charged with possession of ketamine hydrochloride, a Schedule III controlled substance. The trial judge suppressed evidence of the ketamine hydrochloride, ruling that its seizure exceeded the scope of the search warrant. The state appeals, arguing that the evidence was seized pursuant to the defendant’s consent. We conclude that the trial court properly suppressed the evidence, and we affirm the judgment of the trial court.
State v. Tracie Ann Hinson - M2005-02853-CCA-R3-CD View
Davidson County - The appellant, Tracie Ann Hinson, pled guilty in the Davidson County Criminal Court to theft of property valued ten thousand dollars or more but less than sixty thousand dollars, a Class C felony, and agreed to a six-year sentence as a Range II offender with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that she serve her sentence in confinement and consecutively to other sentences in Michigan. On appeal, the appellant claims that she should have received an alternative sentence of split confinement and concurrent sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State v. Randy Shumate - M2005-01764-CCA-R3-CD View
Maury County - The appellant, Randy Shumate, pled guilty in the Maury County Circuit Court to one count of rape, and the trial court sentenced him to eight years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of alternative sentencing. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State v. Tiawo Davis - M2005-00586-CCA-R3-CD View
Williamson County - The defendant, Tiawo Davis, appeals his jury convictions for aggravated robbery (Class B felony), aggravated burglary (Class C felony), and aggravated assault (Class C felony). The defendant’s sole issue on appeal is the sufficiency of the evidence to support the convictions. After review, we conclude that the convictions were sufficiently supported by the evidence, and we affirm the convictions.
Janalee Wilson vs. State - W2005-01801-CCA-R3-PC View
Madison County - The Petitioner, Janalee Wilson, appeals as of right from the judgment of the Madison County Circuit Court denying her petition for post-conviction relief. On appeal, the Defendant argues that she received the ineffective assistance of counsel and that her constitutional rights were violated by the involvement of the federal prosecutor in the state proceedings. After review of the record, as to the ineffective assistance of counsel claim, the Petitioner’s brief fails to set forth any specific contentions in support of the issue and, therefore, the issue is waived. As to her challenge to the federal prosecutor’s involvement, this issue is waived due to the Petitioner’s failure to raise it in her direct appeal and, additionally, the argument is without merit. Accordingly, we affirm the judgment of the trial court denying post-conviction relief.
State vs. Billie Joe Welch - E2005-02293-CCA-R3-CD View
Roane County - The Defendant, Billie Joe Welch, was convicted of second degree murder, and the trial court sentenced him to eighteen years in the Tennessee Department of Correction. The Defendant now appeals, contending that: (1) the evidence was insufficient to support his conviction; (2) he received ineffective assistance of counsel; (3) the trial court improperly charged the jury on second degree murder; (4) the trial court erred when it answered a jury question off the record; and (5) the trial court improperly sentenced him. Finding no reversible error, we affirm the judgment of the trial court.
State v. LeMar Brooks - M2003-02304-CCA-R3-CD View
Montgomery County - The defendant, Lemar N. Brooks, was convicted by a Montgomery County Circuit Court jury of two counts of first degree premeditated murder and sentenced to consecutive terms of life imprisonment. In this consolidated appeal, he essentially presents the following issues for our review: (1) whether the trial court erred by not instructing the jury that the State’s key witnesses were accomplices as a matter of law, whose testimony had to be corroborated by independent evidence; (2) whether the evidence was sufficient to show premeditation; and (3) whether the trial court erred by denying the defendant’s petition for writ of error coram nobis on the basis of newly discovered evidence. Following our review, we affirm the judgments of the trial court.
State v. Michael Lewis - M2005-02279-CCA-R3-CD View
Davidson County - Following a jury trial, the Defendant, Michael Anthony Lewis, was convicted of attempted first degree murder. He was sentenced as a career offender to sixty years in the Department of Correction (DOC). On appeal, the Defendant argues that (1) the trial court improperly denied his motion to dismiss for lack of a speedy trial, (2) the evidence was insufficient to support his conviction, (3) the trial court improperly sentenced the Defendant as a career offender, and (4) the trial court committed plain error by admitting a photograph that the State did not produce in response to a defense discovery request. We affirm the judgment of the trial court.
State v. David Earl Nixon - M2005-01887-CCA-R3-CD View
Sumner County - The defendant, David Earl Nixon, pled guilty to two counts of especially aggravated sexual exploitation of a minor (Class B felony) and one count each of marijuana possession and possession of drug paraphernalia (Class A misdemeanors). He was sentenced to consecutive ten-year sentences for the two felony convictions, with the first ten years to be served in confinement and the second ten years on supervised probation. He received concurrent sentences of eleven months and twenty-nine days in confinement for the misdemeanor convictions. The defendant contends on appeal that the trial court erred in requiring him to serve his sentence in confinement rather than on probation and argues that the sentence of confinement constitutes an excessive sentence. We note that the laws concerning sentencing changed on June 7, 2005, and that this defendant did not execute any written waiver to be allowed to be sentenced under the new law. A ten-year sentence on probation under the old law is unauthorized, making the second ten-year sentence on supervised probation illegal. Because the trial judge is required to consider the aggregate sentence imposed, we reverse the sentences imposed and remand for new sentencing. We found no other reversible error.
State v. Raymond K. Bryant - M2005-02467-CCA-R3-CD View
Davidson County - The defendant, Raymond Kurt Bryant, appeals the trial court’s revocation of his probation and reinstatement of his original sentences for three counts of attempted aggravated sexual battery, the original sentences, three four-year terms, to be served consecutively. The defendant argues that because the sentences in two counts had expired, the trial court could not reinstate them. We agree that only the third of the consecutive sentences had not expired and, thus, only it could be reinstated. Accordingly, we reverse the trial court’s reinstatement of the sentences in Counts 1 and 2 but affirm the reinstatement of the unexpired four-year sentence in Count 3 and remand for entry of corrected judgments.
State v. Marcus D. Shields - M2005-02071-CCA-R3-CD View
Montgomery County - Following a jury trial, the defendant, Marcus D. Shields, was convicted of second degree murder, aggravated assault, which the trial court merged into the second degree murder conviction, and two counts of reckless endangerment. The trial court sentenced the defendant as a violent offender to twenty-five years for the second degree murder conviction and eleven months, twenty-nine days for each of the reckless endangerment convictions, with all sentences to be served concurrently. The defendant’s sole issue on appeal is whether the evidence is sufficient to support his second degree murder conviction. Following our review, we affirm the judgments of the trial court.
State vs. Harold Noel - W2005-00160-CCA-R3-CD View
Shelby County - The defendant, Harold D. Noel, was convicted of voluntary manslaughter. See Tenn. Code Ann. § 39-13-211 (2003). The trial court imposed a sentence of six years to be served in the Department of Correction. In this appeal, the defendant asserts that the trial court erred by denying his motion to suppress. The judgment of the trial court is affirmed.
Dewayne R. Cross vs. State - E2006-00375-CCA-R3-PC View
Blount County - The Petitioner, Dewayne R. Cross, was convicted of rape, and the trial court sentenced him as a violent offender to nine years in the Tennessee Department of Correction. He appealed, this Court affirmed the conviction, and the Petitioner filed a petition and two amended petitions for post-conviction relief. Following a hearing, the trial court dismissed the petitions. The Petitioner now appeals, contending that the post-conviction court erred when it found that the Petitioner received the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court.
State vs. Matthew Lee Rogers - E2005-01142-CCA-R3-CD View
Knox County - The defendant, Matthew Lee Rogers, was convicted by jury of aggravated arson. He was later sentenced to twenty years in confinement as a Range I, violent offender. The defendant now appeals, arguing: (1) the evidence is insufficient to convict him of aggravated arson; (2) the trial court erred in instructing the jury on aggravated arson and reckless burning; and (3) the trial court erred by not granting a new trial after one or more of the jurors consulted an electronic dictionary in order to ascertain the meaning of “structure” as it related to the offense of aggravated arson. After thorough consideration of the record and applicable law, we reverse the defendant’s conviction and remand for a new trial.
State v. David Anderson, Jr. - M2006-00138-CCA-R3-CD View
Putnam County - The appellant, David Michael Anderson, Jr., pleaded guilty to driving under the influence, first offense, and reserved, under Tennessee Rule of Criminal Procedure 37(b)(2)(i), a certified question of law dispositive of the case. The certified question of law is whether the officer in this case lacked reasonable suspicion to effect a seizure in stopping appellant and as a result the evidence seized should have been suppressed. Following our review, we agree with appellant, reverse the judgment of the trial court and dismiss the charge.
Jenaline Fisher v. State - M2005-02651-CCA-R3-PC View
Davidson County - Petitioner, Jenaline Fisher, contends that the trial court erred in failing to grant her post-conviction relief petition. She contends that the entry of her guilty plea to second degree murder was not knowingly and voluntarily entered. After a thorough review of the record, we affirm the trial court’s dismissal of the post-conviction petition.
Cases posted the week of 09/18/2006
State vs. Kristie L. Martin - E2005-01898-CCA-R3-CD View
Sullivan County - The defendant, Kristie L. Martin, appeals her Sullivan County Criminal Court sentences for criminal impersonation, interference with a security interest, issuing a false financial statement, and identity theft. She claims that the trial court erred in denying her a sentencing alternative to full incarceration. Because the record on appeal lacks a vital component for de novo review, we presume the correctness of the criminal court’s judgments, and we affirm.
State vs. Thomas Carter - E2005-00731-CCA-R3-CD View
Loudon County - Defendant, Thomas Carter, was convicted of coercion of a witness, a Class D felony, and sentenced to serve four (4) years in the Department of Correction. On appeal, Defendant argues that (1) the State did not introduce sufficient evidence to convict him of the charge of coercion of a witness; and (2) the trial court violated his constitutional rights by requiring him to wear shackles and his prison uniform during his trial. Finding the second issue to have merit, we reverse the judgment and remand for a new trial.
State vs. Robert Linder - E2004-02848-CCA-R3-CD View
Blount County - The defendant, Robert Linder, was convicted of especially aggravated sexual exploitation of a minor following a bench trial before the Blount County Circuit Court. The trial court imposed an incarcerative sentence of 12 years. On appeal, he claims that evidence was seized from his residence in violation of Rule 41 of the Tennessee Rules of Criminal Procedure. He also challenges the length of his sentence as excessive. After our review of the record and the parties’ briefs, we affirm the defendant’s conviction but modify his sentence.
State v. Michael Wilkerson - M2005-02175-CCA-R3-CD View
Warren County - The defendant, Michael Eugene Wilkerson, was convicted by a Warren County jury of three counts of the sale of over .5 grams of a schedule II drug – cocaine and a fourth count of causal exchange of a schedule VI drug – marijuana. The trial court sentenced the defendant as a Range II, multiple defender, to nineteen years on each of the three felony convictions to run consecutively and to an eleven month twenty-nine day sentence for the casual exchange conviction, to run concurrently with the felony sentences. In this appeal, the defendant contends the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court.
Robert Payne v. State - M2006-00048-CCA-R3-HC View
Davidson County - Petitioner Robert Dallis Payne was convicted by a Davidson County jury of first degree murder and received a sentence of life in prison. On December 2, 2005, petitioner filed a petition for a Writ of Habeas Corpus in the Criminal Court of Davidson County. On December 8, 2005 the trial court dismissed the petition without an evidentiary hearing. On appeal, petitioner contends that the trial court erred in failing to grant his petition for habeas corpus. Following our review, we affirm the judgment of the trial court.
Ciondre T. Moore vs. State - E2005-02492-CCA-R3-CD View
Knox County - The Defendant, Ciondre T. Moore, alias, Ciondre T. Porter, was convicted in three separate cases of multiple offenses and sentenced to twelve years of intensive probation. Subsequently, two violation of probation warrants were issued, and the Defendant pled guilty to violating his probation. He then filed a pro se motion alleging that the trial court had made a clerical error by not giving him sentencing credit for the time that he had served on probation. The trial court denied the motion after a hearing. We affirm the judgment of the trial court.
Edward R. Forester vs. State - E2005-01922-CCA-R3-PC View
Monroe County - The Petitioner, Edward R. Forester, was convicted of aggravated burglary and received a sentence of eleven years in the Department of Correction. This Court affirmed the conviction and sentence, and the Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner now appeals, contending that he received the ineffective assistance of counsel at trial. Specifically, the Petitioner claims that his trial counsel was ineffective by: (1) failing to call two witnesses; and (2) failing to request a jury instruction on the lesser-included offense of criminal trespass. Finding no reversible error, we affirm the judgment of the post-conviction court.
State vs. Anthony Bond - W2005-01392-CCA-R3-CD View
Shelby County - The defendant, Anthony M. Bond, was convicted of first degree felony murder. See Tenn. Code Ann. § 39-13-202(a)(2) (1997). The jury returned a verdict of life without parole. See Tenn. Code Ann. § 39-13-204 (1997). In this appeal as of right, the defendant argues that (1) the evidence was insufficient to support a conviction for felony murder because the facts and circumstances of the underlying robbery were not the proximate cause of the victim's death; (2) the trial court erred by denying the defendant's request for a curative instruction after the prosecution stated in its closing argument that the jury had been sequestered because of the defendant; (3) the trial court erred by allowing the introduction of testimony concerning the defendant's teeth; and (4) the trial court erred by allowing the prosecution to bolster an expert witness's credibility. The judgment of the trial court is affirmed.
State vs. Nicholas Goff - W2005-02233-CCA-R3-CD View
Shelby County - The defendant, Nicholas Goff, entered a plea of guilty to one count of driving under the influence, first offense. Pursuant to a plea agreement with the state, the trial court imposed a sentence of eleven months and twenty-nine days with two days in jail followed by probation. Five months later, a violation warrant was issued and the trial court revoked his probation and ordered the original sentence into execution. In this appeal, the defendant asserts (1) that he was not afforded due process of law; (2) that he was denied the effective assistance of counsel; (3) that the trial court erred by revoking his probation on the basis of a "mere arrest;" and (4) that the trial court erred by appointing an assistant public defender as his lawyer. The judgment of the trial court is affirmed.
State vs. Marvin L. Locke E2005-01359-CCA-R3-CD View
Bradley County - The defendant, Marvin L. Locke, appeals from his Bradley County Criminal Court convictions of selling methamphetamine, a schedule II controlled substance, in a school zone; possession of methamphetamine in a school zone with intent to sell; unlawful possession of a firearm; and possession of drug paraphernalia. The trial court imposed an effective sentence of eight years. On appeal, the defendant challenges the sufficiency of the evidence that the sale and possession of methamphetamine (the subjects, respectively, of the first two counts of the indictment) occurred within 1,000 feet of a school. Following our review of the case, we affirm the judgments of the trial court.
State vs. Jeffery Todd Epps E2005-01917-CCA-R3-CD View
Sevier County - The appellant, Jeffery Todd Epps, was convicted by a jury in the Sevier County Circuit Court of reckless aggravated assault. The trial court sentenced the appellant as a Range II multiple offender to eight years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in sentencing him to the maximum sentence within the range. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Bobby Davis vs. State E2006-00667-CA-R3-PC View
Blount County - The petitioner, Bobby Davis, appeals from the post-conviction court’s order dismissing his petition for post-conviction relief after finding that the petition was filed outside the statute of limitations. Tenn. Code Ann. § 40-30-102(a). On appeal, the petitioner argues that his right to due process required the statute of limitations be tolled. Following our review, we affirm the dismissal of the petition.
State vs. Kenneth Ramsey E2005-00854-CCA-R3-CD View
Hamilton County - After a bench trial in Hamilton County, the appellant, Kenneth Ramsey, was convicted of speeding, simple assault and resisting arrest. As a result, the trial court sentenced the appellant to thirty days for speeding, six months for resisting arrest and eleven months and twenty-nine days for assault, with the sentences to run concurrently. The trial court suspended the effective eleven month, twenty-nine day sentence and placed the appellant on unsupervised probation. The appellant filed a timely notice of appeal. On appeal, the appellant presents the following issues: (1) whether the trial court erred by failing to allow the appellant to call a witness to testify on his behalf; (2) whether the trial court erred by failing to present a copy of the indictment to the appellant; (3) whether the trial court erred by denying a continuance because the appellant was not provided documents as required by law in a timely manner; (4) whether the trial court failed to provide equal access to the court by denying a continuance; and (5) whether the evidence was sufficient to support the convictions. Because the judgment forms do not properly reflect that the appellant was found guilty after a bench trial, we remand the matter for entry of corrected judgment forms. In all other respects, we affirm the judgment of the trial court.
State vs. Michael H. Evans - M2005-02048-CCA-R3-CD View
Humphreys County - The Appellant, Michael H. Evans, was convicted by a Humphreys County jury of premeditated first degree murder and sentenced to life imprisonment. On appeal, Evans has raised three issues for our review: (1) whether the evidence is sufficient to support the conviction; (2) whether the court erred in not instructing the jury on self-defense; and (3) whether the court erred in not granting a petition for writ of error coram nobis based upon newly discovered evidence. With regard to Appellant’s issues 2 and 3, we find no error. However, after review of the convicting evidence, we conclude that the proof fails to establish that the homicide was premeditated. Nonetheless, we conclude that the evidence is legally sufficient to support a conviction of second degree murder. Accordingly, we modify the judgment of conviction and vacate the sentence entered by the trial court. The case is remanded to the trial court for resentencing for second degree murder.
State vs. Peggy Dale Hall - M2005-02782-CCA-R3-CD View
Pickett County - The Defendant, Peggy Dale Hall, was convicted of four counts of statutory rape, and the trial court sentenced her to an eight-year probationary sentence. A violation of probation warrant was subsequently issued, and the Defendant admitted violating the rules of her probation. On appeal, the Defendant contends that the trial court erred when, after revoking her probation, it ordered her to serve the balance of her eight-year sentence in prison. Finding that there exists no reversible error, we affirm the judgment of the trial court.
Lionel Theoplis Morton vs. State - M2004-02338-CCA-R3-PC View
Rutherford County - The petitioner, Loniel Theoplis Morton, appeals the circuit court’s denial of his motion to reopen his post-conviction petition. He contends the court erred in concluding that his petition was time barred. Upon review, we affirm the decision of the circuit court and dismiss the appeal.
State vs. John Robert Perkins - M2005-02894-CCA-R3-CD View
A Bedford County Circuit Court jury convicted the appellant, John Robert Perkins, of theft of property valued one thousand dollars or more but less than ten thousand dollars and misdemeanor assault. The trial court sentenced him as a Range II, multiple offender to seven years for the theft conviction and to eleven months, twenty-nine days for the assault conviction, ordering that the appellant serve the sentences consecutively to each other and consecutively to any other outstanding sentences. On appeal, the appellant claims that the trial court should have sentenced him as a Range I offender for the felony theft conviction because the State late-filed its notice to seek enhanced punishment. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. Shirley Peters - M2005-01859-CCA-R3-CD View
Coffee County - The defendant, Shirley Peters (Pettit), pled guilty to reckless homicide (Class D Felony) and agreed to a sentence of eight years as a Range II, multiple offender. The manner of service of the sentence was to be determined following a sentencing hearing. On July 11, 2005, the trial court ordered the defendant to serve her sentence in confinement and denied any alternative sentence. The defendant contends on appeal that the trial court erred in (1) overruling her motion for deferred judgment and (2) requiring confinement when she is eligible for alternative sentencing. We conclude that the defendant has not carried her burden of showing that the sentence imposed is improper, and we affirm the judgment of the trial court.
State vs. Antonion D. Richardson - M2005-01161-CCA-R3-CD ( Rehear Petition) View
Davidson County - We have carefully considered each of the points raised by the state in its petition to rehear. In the course thereof, we have endeavored to describe the legal parameters that attend the principles of due process announced in Anthony and its progeny, from all of which it is ORDERED that the state’s petition for rehearing is respectfully DENIED.
Rafael Antonio Bush vs. State - M2005-02967-CCA-R3-PC View
Rutherford County - The Petitioner, Rafael Antonio Bush, was convicted of especially aggravated robbery, aggravated burglary, and aggravated assault and received an effective twenty-two year sentence in the Tennessee Department of Correction. He filed a petition for post-conviction relief, alleging that he had not received the effective assistance of counsel at trial. The post-conviction court dismissed the petition after a hearing, and this appeal ensued. On appeal, the Petitioner contends that his trial counsel was ineffective for failing to request that the jury be instructed about accomplice testimony. Finding no reversible error, we affirm the judgment of the post-conviction court.
State vs. Leon McKissack, Jr. - M2005-01131-CCA-R3-CD View
Williamson County - The defendant, Leon McKissack, Jr., appeals from his four convictions for delivery of one-half gram or more of cocaine, a Class B felony, which he received in a bench trial in the Williamson County Circuit Court. The defendant was sentenced to fifteen years for each conviction, and the court ordered these sentences to be served concurrently to each other but consecutively to an unexpired sentence for which he had been paroled at the time of the offenses. The defendant challenges the sufficiency of the convicting evidence for each of his four convictions, the sufficiency of the state’s proof of chain of custody of the drugs, his classification as a Range II offender, and the length of the individual sentences imposed. We affirm the judgments of the trial court.
State vs. James C. Osborne - M2005-00893-CCA-R3-CD View
(Concur) - View
Wilson County - The defendant, James C. Osborne, was convicted by a jury of rape, a Class B felony. The defendant was sentenced as a Range I offender to twelve years at 100%. He now appeals his conviction and sentence. After thorough review, we conclude that no reversible error is present. The judgment of conviction is hereby affirmed.
Ladonnis D. Petty vs. State - M2005-01775-CCA-R3-PC View
Davidson County - The petitioner, Ladonnis D. Petty, appeals from the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that his guilty plea was knowingly and voluntarily entered. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Rodrigues D. Pruitt - M2005-01862-CCA-R3-CD View
Davidson County - The defendant was convicted of possession of .5 grams or more of cocaine with the intent to sell or deliver, a Class B felony, and sentenced as a career offender to thirty years in the Department of Correction, to be served consecutively to his current sentence. On appeal, he argues that the trial court erred: (1) in denying his motion to suppress the evidence; (2) by allowing a law enforcement officer to testify as an expert witness and disallowing defense counsel to fully cross-examine the witness; (3) by not instructing the jury on the lesser-included offense of facilitation; (4) by not instructing the jury that evidence of mere association with others involved in criminal activity is insufficient to establish guilt; (5) in denying his motion for judgment of acquittal because the evidence was insufficient to support his conviction; and (6) in sentencing him as a career offender. Following our review, we affirm the judgment of the trial court.
State vs. William H. Grisham, II - M2005-02072-CCA-R3-CD View
Jackson County - The defendant, Willam H. Grisham, II, was indicted on two counts of first degree premeditated murder, two counts of felony murder, and one count of especially aggravated robbery. The jury returned not guilty verdicts on each count of felony murder. The defendant was convicted of two counts of first degree premeditated murder and one count of especially aggravated robbery. The trial court imposed consecutive life sentences for each of the murder convictions and a consecutive sentence of ten years for the robbery. In this appeal of right, the defendant argues that the evidence was insufficient to support any of the three convictions. The judgments of the trial court are affirmed.
State vs. Robert Morrison - M2005-02282-CCA-R3-CD View
Franklin County - The defendant, Robert Morrison, appeals from his Franklin County conviction of possession of drug paraphernalia, a Class E felony, for which he was sentenced to serve two years of split confinement, consisting of 120 days in the county jail and the balance on probation with a special condition that he meet the requirements of the community corrections program. In this appeal, the defendant claims that (1) his conviction is not supported by sufficient evidence, (2) the trial court erred in failing to suppress his pretrial statement, and (3) the trial court erred in admitting evidence that a methamphetamine lab had been confiscated at the defendant’s house on a prior occasion. We affirm the judgment of the trial court.
State vs. Raymond Edward Peebles - M2005-01130-CCA-R3-CD View
The Rutherford County Grand Jury indicted the defendant for sale of cocaine, less than 0.5 grams. Following a jury trial, the jury found the defendant guilty. The trial court sentenced the defendant to six years to be served at thirty-five percent as a Range II multiple offender. The defendant argues that the evidence was insufficient to support his conviction and that the trial court incorrectly allowed in testimony from two witnesses who were not qualified as experts. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Brenda Armstrong - M2005-01158-CCA-R3-CD View
Williamson County - The Appellant, Brenda Armstrong, was convicted by a Williamson County jury of especially aggravated robbery, a Class A felony, and was sentenced to twenty-three years in the Department of Correction. On appeal, Armstrong raises the following issues for our review: (1) whether the evidence was sufficient to support her conviction; (2) whether the trial court abused its discretion in permitting introduction into evidence of portions of a videotaped interview of the Appellant; and (3) whether the trial court erred in sentencing. After review of the record, we affirm Armstrong’s conviction and resulting sentence.
State vs. Shelvy A. Baker - M2005-00298-CCA-R3-CD View
Davidson County - The defendant, Shelvy A. Baker, was convicted of second degree murder. See Tenn. Code Ann. § 39-13-210 (1997). The trial court imposed a sentence of twenty-five years to be served at one hundred percent. In this appeal as of right, the defendant argues (1) that the trial court erred by refusing to dismiss the indictment and (2) that the evidence was insufficient to support the conviction. The judgment of the trial court is affirmed.
State vs. Joyce Cleveland - M2005-02783-CCA-R3-CD View
Marshall County - The defendant, Joyce Elizabeth Cleveland, appeals her Marshall County Circuit Court sentences for forgery and criminal impersonation, Class E felonies. She claims that the trial court erred in denying her a form of alternative sentencing and in imposing consecutive sentencing. Because the record supports the circuit court’s judgments, we affirm.
State vs. Jimmy Clark - W2005-02081-CCA-R3-CD View
Madison County - The Defendant, Jimmy Bernard Clark, was convicted by a Madison County jury of attempted aggravated burglary, a Class D felony. Following a sentencing hearing, the Defendant received a twelve-year sentence as a career offender. On appeal, he argues that the trial court erred in denying his motion to suppress a statement made to the police and that the evidence was insufficient to support his conviction. After a review of the record, the judgment of the trial court is affirmed.
State vs. Colico Walls - W2005-02211-CCA-R3-PC View
Shelby County - The petitioner, Colico Walls, was convicted by a jury of attempted aggravated robbery. His conviction was affirmed on appeal by this Court. See State v. Colico Walls, No. W2000-03008-R3-CD, 2001 WL 1381261 (Tenn. Crim. App., at Jackson, Nov. 7, 2001). The petitioner filed a pro se petition for post-conviction relief. After counsel was appointed to represent the petitioner, three amended petitions were filed. The post-conviction court denied post-conviction relief after an evidentiary hearing. The petitioner appeals the judgment of the post-conviction court. We affirm the denial of post-conviction relief.
State vs. Marques Bonds - W2005-02267-CCA-R3-CD View
Lauderdale County - The defendant, Marques Lanier Bonds, AKA “Mark,” was convicted by a Lauderdale County jury of attempted second-degree murder, reckless aggravated assault, aggravated assault, reckless endangerment, and reckless endangerment with a deadly weapon. He was sentenced to an effective term of twelve years in the Tennessee Department of Correction. On appeal, he challenges: (1) the trial court’s denial of his motion in limine regarding testimony of his prior incarceration; (2) the sufficiency of the convicting evidence; (3) the trial court’s acceptance of the jury’s verdict; and (4) the sentence imposed by the trial court. Following our review of the record and the parties’ briefs, we modify the judgments of the trial court to reflect the merger of the defendant’s aggravated assault conviction into his attempted second-degree murder conviction and his reckless endangerment conviction into his reckless aggravated assault conviction and affirm the trial court’s judgments in all other respects.
State vs. Willie Taylor - W2005-01495-CCA-R3-PC View
Dyer County - The petitioner, Willie Calvin Taylor, appeals the dismissal of his petition for post-conviction relief by the Dyer County Circuit Court. The circuit court dismissed the petition, finding that the petitioner had filed his petition outside the one year statute of limitations period. After review, we affirm the dismissal of the petition.
Cases posted the week of 09/11/2006
State vs. Frederick Arnaz Miller - E2005-01583-CCA-R3-CD View
Hamilton County - The Defendant, Fredrick Arnaz Miller, was convicted by a Hamilton County jury of first degree murder, attempted first degree murder, and especially aggravated robbery. The Defendant was sentenced to life in prison for the murder conviction and, following a sentencing hearing, received sixty-year sentences for both the attempted first degree murder and especially aggravated robbery convictions. The sentences for first degree murder and attempted first degree murder were to be served consecutively, for an effective sentence of life plus sixty years. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court erred in denying his motion to suppress statements made to the police; (2) whether the trial court erred by failing to redact a portion of the co-defendant’s agreement with the State to testify against the Defendant; (3) whether the trial court abused its discretion by admitting into evidence a photograph of the Defendant; (4) whether the trial court erred by failing to grant the Defendant’s motion for a mistrial or request for a curative instruction based upon remarks made by the trial judge before the jury; (5) whether the trial court erred in admitting hearsay statements of the accomplice; (6) whether the trial court erred by instructing the jury on flight; (7) whether consecutive sentencing was appropriate; (8) whether the trial court properly allowed a State witness to identify the Defendant’s voice on the surveillance videotape; and (9) whether the evidence is sufficient to support his convictions. After review, we conclude that there is no reversible error and affirm the judgments of the trial court.
State vs. Marlin C. Goff - E2005-02090-CCA-R3-CD View
Sullivan County - Following a jury trial, Defendant, Marlin C. Goff, was found guilty of rape of a child, a Class A felony, and was sentenced to twenty-five years’ confinement. In his appeal, Defendant contends that (1) the evidence is insufficient to support his conviction; (2) the trial court failed to properly ascertain the competency of the victim to testify; (3) the trial court erred in allowing the State to cross-examine Defendant concerning his failure to give a statement to the investigating officers; and (4) the length of his sentence is excessive. There is no indication in the record that Defendant filed a motion for new trial, see Tenn. R. App. P. 3(e), and thus issue (2) is waived. As to issue (3), we have reviewed the issue under the discretion extended by Rule 52(b) of the Tennessee Rules of Criminal Procedure and find no plain error. Accordingly, we affirm the judgment of the trial court.
State vs. Benny Ray Mitchell - E2005-01896-CCA-R3-CD View
Cocke County - The Defendant, Benny Ray Mitchell, was convicted of theft of property valued over $10,000 and for operation of a chop shop. The trial court sentenced the Defendant, a persistent offender, to twelve years for the theft conviction and ten years for the operation of a chop shop, and it ordered that the sentences run consecutively. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his convictions; and (2) the jury was unable to render an unbiased verdict because one juror had a medical condition that he willfully failed to disclose. Finding that there exists no reversible error, we affirm the judgments of the trial court
State vs. Nelson Troglin - E2005-02015-CCA-R3-CD View
Bledsoe County - The Defendant, Nelson Troglin, was convicted of attempted first degree murder, and the trial court sentenced him to twenty-four years in the Department of Correction. On appeal, the Defendant contends that the trial court erred when it: (1) refused to strike prospective jurors; (2) did not instruct jurors on the charge of aggravated assault as a lesser-included offense; (3) refused the Defendant’s request for a mental evaluation; (4) denied the motions to replace Defendant’s counsel, which caused the Defendant to receive ineffective assistance of counsel; and (5) improperly allowed references to the Defendant’s indictment for the murder of Ralph Wilkey. Finding no reversible error, we affirm the judgment of the trial court.
Jimmy Ray Cureton vs. State - E2005-02491-CCA-R3-PC View
Knox County - Petitioner, Jimmy Ray Cureton, was convicted of felony murder and attempted especially aggravated robbery. The trial court reduced the attempted especially aggravated robbery conviction to attempted aggravated robbery. On appeal, this Court affirmed the conviction for felony murder, reversed the trial court’s order reducing the attempted especially aggravated robbery conviction, reinstated the attempted especially aggravated robbery conviction, and remanded for a sentencing hearing on the reinstated conviction. State v. Cureton, 38 S.W.3d 64, 67 (Tenn. Crim. App. 2000). On remand, the trial court sentenced Petitioner to ten years for attempted especially aggravated robbery and this Court affirmed the sentence on appeal. State v. Jimmy Ray Cureton, No. E2001-01511-R3-CD, 2003 WL 179856, (Tenn. Crim. App., at Knoxville, Jan. 28, 2003) (no Tenn. R. App. P. 11 application filed). Petitioner subsequently filed a petition for post-conviction relief. In the present action, Petitioner appeals the trial court’s denial of his petition for post-conviction relief, arguing that the trial court erred in finding that he received effective assistance of counsel. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Antonio Saulsberry - W2005-00316-CCA-R9-CD View
A Shelby County jury convicted the defendant of first degree premeditated murder, especially aggravated robbery and conspiracy to commit aggravated robbery. This Court reversed the defendant’s conviction for first degree premeditated murder on direct appeal and remanded for a retrial on the defendant’s two charges of felony murder. Prior to his retrial, the defendant filed a motion stating that his prosecution for the felony murder charges is a violation of the principles of double jeopardy. The trial court denied the defendant’s motion. The defendant now brings an interlocutory appeal to determine whether the principles of double jeopardy bar a trial on the two felony murder charges. We find that a retrial on the felony murder charges would not constitute double jeopardy and affirm the decision of the trial court.
Harrison Pearison, Jr. vs. State - E2006-00768-CCA-R3-HC View
Johnson County - The petitioner, Harrison Melvin X. Pearison, Jr., appeals from the trial court’s order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
State vs. James Haynes - W2005-02126-CCA-R3-PC View
Henry County - The petitioner, James Donald Haynes, appeals from the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that the post-conviction court erred in finding that he received the effective assistance of counsel and that his guilty plea was knowingly and voluntarily entered. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
Cases posted the week of 09/04/2006
State vs. William Littles - W2005-02686-CCA-R3-CD View
Tipton County - This is a direct appeal from a conviction on a jury verdict of driving under the influence of an intoxicant (DUI), fourth or subsequent offense. The Defendant, William Larry Littles, filed a motion to suppress evidence obtained as a result of a warrantless seizure, alleging the police did not have reasonable suspicion to conduct the investigatory stop that led to the seizure. The Defendant’s motion to suppress was denied. Following his conviction he was sentenced to eighteen months in the custody of the Tennessee Department of Correction (TDOC). This sentence was suspended, and he was ordered to serve 180 days in jail followed by supervised probation. On appeal, the Defendant raises a single issue: that the trial court erred in denying his motion to suppress. We affirm the judgment of the trial court.
Timothy Hickman vs. State - E2006-00860-CCA-R3-HC View
Johnson County - The petitioner, Timothy Hickman, appeals from the trial court’s order dismissing his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.
State vs. Mark Ellis - W2006-00241-CCA-R3-CD View
Hardeman County - The defendant, Mark Edward Ellis, pled guilty to felony escape, a Class E felony. In exchange for his guilty plea, the defendant was sentenced to one year as a standard offender, which was to run consecutive to his prior sentences. On appeal, the defendant argues that the circuit court erred by denying his request for suspension of this sentence. Following our review of the parties’ briefs and applicable law, we affirm the circuit court’s judgment.
State vs. Terrence McCray - W2005-00479-CCA-R3-CD View
A Shelby County Criminal Court jury convicted the appellant of second degree murder, and the trial court sentenced him to fifteen years in confinement. In this appeal, the appellant claims (1) that the evidence is insufficient to support the conviction; (2) that the trial court erred by refusing to declare a mistrial after a State witness’s “theatrics”; (3) that the trial court committed plain error by not giving a curative instruction or declaring a mistrial after a courtroom spectator’s outburst; (4) that the trial court erred by refusing to allow the defense to present evidence of the victim’s prior arrest for domestic violence; (5) that the trial court erred by allowing the State to impeach the appellant with his prior arrests and letters written from jail; (6) that the trial court erred by allowing the State to cross-examine him about his statement to a police officer; (7) that the trial court committed plain error by allowing the prosecutor to testify during the State’s closing argument; and (8) that the State committed plain error by implying during closing argument that the appellant had a duty to retreat before he could claim that he shot the victim in self-defense. Upon review of the record and the parties’ briefs, we affirm the judgment of trial court.
State vs. Vincent Conner - M2005-00887-CCA-R3-CD View
Maury County - This is a direct appeal from convictions on a jury verdict of possession of .5 grams or more of cocaine with intent to sell and misdemeanor evading arrest. The Defendant, Vincent Conner, was sentenced to twelve years as a Range II, multiple offender for these convictions, with service consecutive to a prior five-year sentence, resulting in an aggregate sentence of seventeen years under the supervision of the Tennessee Department of Correction. The Defendant raises two issues on appeal: (1) this Court should, in the interest of justice, waive the requirement of a timely filed notice of appeal, and (2) the evidence is insufficient to support his convictions. We reverse and dismiss the Defendant’s evading arrest conviction but otherwise affirm the judgments of the trial court.
State vs. Henry Zillon Felts - M2005-01215-CCA-R3-CD View
Sumner County - Henry Zillon Felts, the defendant, was convicted of attempted first degree murder (Class A felony) and aggravated burglary (Class C felony). The defendant was sentenced to an effective sentence of twenty-one years at 100% in the Department of Correction. He now appeals as of right his convictions. After review, we affirm the judgments of conviction.
State vs. Barry C. Melton - M2005-02752-CCA-R3-CD View
Warren County - The defendant, Barry C. Melton, was convicted of facilitating the manufacture of methamphetamine, a Class D felony, and possession of methamphetamine and possession of drug paraphernalia, Class A misdemeanors. The trial court sentenced him as a Range I, standard offender to two years for the felony conviction and eleven months, twenty-nine days for each of the misdemeanor convictions, for a total effective sentence of two years, with sixty days to be served in confinement and the balance on probation. On appeal, he argues that the evidence is insufficient to support his facilitation conviction and that he should have been granted full probation. Following our review, we affirm the judgments of the trial court.
State vs. James Timothy Taylor - M2005-01878-CCA-R3-CD View
Robertson County - The defendant, James Timothy Taylor, was convicted in a Robertson County bench trial of one count of passing a forged check, a Class E felony, and sentenced as a Range I, standard offender to two years in the Department of Correction. On appeal, he contends that the evidence was insufficient to sustain his conviction and that the trial court erred by admitting into evidence a copy of the original check. Following our review, we affirm the judgment of the trial court.
State vs. Latonya Taylor - M2005-00272-CCA-R3-CD View
Rutherford County - The defendant, Latonya Taylor, was convicted by a jury of three counts of premeditated first degree murder and three counts of felony first degree murder. The latter three counts were merged with the premeditated first degree murders. The defendant was also convicted of especially aggravated robbery (Class A felony) and two counts of especially aggravated kidnapping (Class A felony). An effective sentence of life without parole plus twenty years was imposed. She appeals the convictions. From our review of the record we conclude that the evidence was sufficient to support the verdicts, and there being no other reversible errors, the judgments of conviction are affirmed.
Sandra Kay Flippo-Byrom vs. State - M2005-02975-CCA-R3-PC View
Lincoln County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has appealed the habeas corpus court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
Jasper D. Lewis vs.State - M2005-02104-CCA-R3-HC View
Wayne County - The petitioner, Jasper D. Lewis, appeals from the Wayne County Circuit Court’s denial of his petition for habeas corpus relief. He claims that the life sentence he is serving for a first degree murder conviction is void because it designates him a Range I offender with thirty percent release eligibility. We hold that the lower court erred in dismissing the petition, and we reverse and remand the case with instructions for the Wayne County Circuit Court to grant the petition and transfer the case to the Davidson County Criminal Court for correction of the judgment to reflect the proper release eligibility.
State vs. Leslie A. Pryor - M2005-01429-CCA-R3-CD View
Pickett County - The defendant, Leslie A. Pryor, was convicted of two counts of aggravated assault with a deadly weapon, one count of theft over $10,000, one count of attempted voluntary manslaughter, one count of felony evading arrest, one count of reckless endangerment with a deadly weapon, three counts of reckless endangerment, and one count of criminal impersonation. The trial court merged the reckless endangerment and attempted voluntary manslaughter convictions with the greater charge of aggravated assault, and the defendant was given an effective sentence of forty-two years in the Department of Correction. On appeal, the defendant argues that the evidence is insufficient to support his convictions for aggravated assault. We affirm the judgments of the trial court.
State vs. Fernandez Davenport - M2005-01729-CCA-R3-CD View
Coffee County - The defendant, Fernandez Deon Davenport, appeals from his conviction for second degree murder, a Class A felony. He received his conviction in a jury trial in the Coffee County Circuit Court, and he was sentenced to sixty years as a Range III offender. He claims in this appeal that the evidence is insufficient to support his conviction, that the trial court erred in denying a mistrial when a witness made a reference to the defendant having been “locked up,” and that the sentence was improper. We affirm the judgment of the trial court.
Cases posted the week of 08/28/2006
State vs. Michael Earl Cameron - E2006-00303-CCA-R3-CD View
Grainger County - The State appeals the Grainger County Circuit Court’s grant of judicial diversion to the Defendant, Michael Earl Cameron. Cameron was indicted for aggravated assault but, under the terms of a plea agreement, pled to the lesser offense of misdemeanor assault. Following a sentencing hearing, the assault conviction was “judicially deferred per T.C.A. § 40-35-313,” and Cameron was placed on supervised probation for eleven months and twenty nine days. The State now appeals this sentencing decision. After review, we conclude that judicial diversion is neither warranted based upon the circumstances of the offense nor authorized by the plea agreement. Accordingly, we vacate the grant of judicial diversion and, following de novo review, impose a split confinement sentence of eleven months and twenty-nine days with service of thirty days in confinement.
State vs. Judge Brooks - W2004-02834-CCA-R3-CD View
(Dissent) - View
A Shelby County Criminal Court jury convicted the appellant, Judge Brooks, of first degree premeditated murder, and the trial court sentenced him to life imprisonment. In this appeal, the appellant claims (1) that the trial court improperly admitted the victim’s prior statements into evidence under the hearsay rule’s forfeiture by wrongdoing exception, Tennessee Rule of Evidence 804(b)(6), and in violation of the Confrontation Clause; (2) that the trial court erred by admitting evidence of the appellant’s prior assault on the victim pursuant to Tennessee Rule of Evidence 404(b); and (3) that the evidence is insufficient to support the conviction. While we conclude that the trial court improperly admitted hearsay into evidence, we conclude that the error was harmless and affirm the judgment of the trial court.
State vs. Lisa Myers - E2005-01547-CCA-R3-CD View
Sullivan County - The defendant, Lisa Myers, appeals her Sullivan County effective incarcerative sentence of eight years on her guilty-pleaded convictions of Class D theft and two worthless checks. The defendant had sought a probationary sentence or some other form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial court’s sentencing decision, and we affirm the judgments.
State vs. Darrell Armour - E2005-01242-CCA-R3-CD View
Hamilton County - A Hamilton County Criminal Court jury convicted the appellant, Darrell Dewayne Armour, of rape and incest, and the trial court sentenced him to concurrent sentences of ten and six years, respectively. In this appeal, the appellant claims (1) that the trial court erred by admitting “fresh complaint” evidence; (2) that the trial court erred by allowing the State to say during its opening statement that the appellant refused to speak with a detective during his investigation; (3) that the State improperly allowed a prospective juror to make favorable comments about two State witnesses during voir dire; (4) that the trial court improperly allowed a nurse to testify about the victim’s medical records; (5) that the State violated State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), when a police detective lost his investigative notes; and (6) that the trial court erred by refusing to apply mitigating factors to the appellant’s sentences. Upon review of the records and the parties’ briefs, we affirm the appellant’s convictions and the length of his sentences. However, because the judgment of conviction for rape does not reflect that the appellant must serve one hundred percent of that sentence, we remand the case for entry of a corrected judgment.
Antonio Young vs. State - E2005-02457-CCA-R3-HC View
Hamilton County - The petitioner, Antonio Young, appeals from the order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has failed to establish that he is entitled to habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Dorman O'Neal Elmore, Jr. vs. State - E2005-02263-CCA-R3-PC View
Cumberland County - In February 2001, the Appellant, Dorman O’Neal Elmore, Jr., was convicted by a Cumberland County jury of five counts of rape. Following a sentencing hearing, Elmore received an effective twenty-two year sentence as a violent offender. The motion for new trial, which raised the issues of: (1) sufficiency of the evidence; (2) evidentiary error; and (3) sentencing error, was filed nineteen days after the judgment had become final. Notwithstanding the trial court’s lack of jurisdiction to hear the motion, a hearing was conducted, and the motion for new trial was denied. No appeal was taken, and no further action occurred for almost four years, at which time Elmore, proceeding pro se, began filing various pleadings seeking status review of his case. Eventually, Elmore was granted a “delayed appeal” of his convictions as authorized by the post-conviction act. No additional motion for new trial was filed. On appeal, Elmore seeks review of the three issues originally presented in his time-barred motion for new trial. After review, we conclude that Elmore’s argument with regard to sufficiency of the evidence is without merit, as is his issue of sentencing error. The issue of evidentiary error is waived, as it was not raised in a timely motion for new trial. See Tenn. R. App. P. 3(e). Accordingly, the Appellant’s judgments of conviction and effective sentence of twenty-two years are affirmed.
Michael McBee vs. State - E2006-00097-CCA-R3-PC View
Knox County - The petitioner, Michael McBee, appeals the trial court’s order dismissing his petition for post-conviction relief. The state has filed a motion alternatively requesting that this court dismiss the appeal or affirm the trial court's denial of relief pursuant to Tennessee Court of Criminal Appeals Rule 20. The petition is barred by the statute of limitations and was properly dismissed. Accordingly, the judgment of the trial court is affirmed.
State vs. Earnest Banks - W2005-02484-CCA-R3-CD View
Shelby County - The defendant, Earnest Banks, was convicted by a Shelby County jury of aggravated burglary and sentenced to nine years in the Department of Correction as a Range II multiple offender. On appeal, he challenges the sufficiency of the convicting evidence. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Antonio Arnold - W2005-00119-CCA-R3-CD View
Shelby County - The defendant, Antonio Arnold, was convicted by a Shelby County jury of felony murder, voluntary manslaughter, aggravated burglary, and aggravated assault. On appeal, he challenges the sufficiency of the convicting evidence and four evidentiary rulings of the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. Gregory Cherry - W2005-02078-CCA-R3-CD View
The Hardin County grand jury returned two indictments against the Defendant, Gregory O. Cherry, charging him with thirteen drug offenses. In separate plea agreements, the Defendant pled guilty to five offenses: (1) possession with intent to manufacture, deliver, or sell .5 grams or more of cocaine, (2) simple possession of marijuana, (3) possession of drug paraphernalia, (4) selling a Schedule IV controlled substance, and (5) delivering less than .5 grams of cocaine. The plea agreements provided that the Defendant would receive an effective sentence of ten years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant’s ten-year sentence be served in the Department of Correction. On appeal, the Defendant argues that the trial court erred in denying an alternative sentence. Finding no error, we affirm the judgments of the Hardin County Circuit Court.
Cases posted the week of 08/21/2006
State vs. Kevin Hunter Biggs - E2005-01402-CCA-R3-CD View
(Dissent) - View
A Hamilton County Criminal Court jury convicted the defendant, Kevin Hunter Biggs, of one count of aggravated sexual battery, a Class B felony. The trial court sentenced the defendant to eight years in the Department of Correction to be served at one hundred percent as a child rapist. The defendant appeals, claiming (1) that the successor trial judge was not qualified to act as thirteenth juror; (2) that the trial court erred in failing to include attempted aggravated sexual battery as a lesser included offense; (3) that the state withheld exculpatory information from the defendant in violation of Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963) and Rule 16 of the Tennessee Rules of Criminal Procedure; (4) that the designated trial judge erred in concluding the defendant’s newly discovered evidence was not likely to change the result of the trial; and (5) that the trial court erred in admitting irrelevant and highly prejudicial character and hearsay testimony. Concluding that the successor trial judge could not act as the thirteenth juror, we reverse the judgment of the trial court and remand the case for a new trial.
State vs. Andre Smith - W2005-02232-CCA-R3-CD View
Shelby County - The defendant, Andre Smith, appeals the trial court’s denial of judicial diversion. The defendant pled guilty to theft over $1000, a Class D felony. Following a hearing, the trial court denied the defendant’s request for judicial diversion and ordered the defendant to serve his sentence on supervised probation. After careful review, we affirm the trial court’s denial of judicial diversion.
State vs. Tenica Dickerson - W2005-02941-CCA-R3-CD View
Madison County - The defendant, Tenica Dickerson, and her sister, Latamia Dickerson, were involved in an argument at a Waffle House in Jackson. She was arrested and charged with disorderly conduct. A jury convicted her for the charged offense. The trial court sentenced her to thirty days to be served at seventy-five percent. The defendant appeals the trial court’s judgment arguing that the evidence is insufficient to support her conviction. We have reviewed the record and find that there is sufficient evidence. Therefore, we affirm the judgment of the trial court.
State vs. Danny Fish Jr. - W2006-00309-CCA-R3-PC View
Hardeman County - The petitioner, Danny L. Fish, Jr., appeals the Hardeman County Circuit Court’s dismissal of his petition for post-conviction relief from his conviction for sexual battery by an authority figure, a Class C felony, and his resulting sentence of five years in the Department of Correction. The petitioner contends that he received ineffective assistance of counsel, rendering his no contest plea unknowing and involuntary. We affirm the judgment of the trial court.
State vs. Octavian Reeves - W2005-02244-CCA-R3-PC View
Madison County - The petitioner, Octavian Demetrius Reeves, appeals the Madison County Circuit Court’s dismissal of his petition for post-conviction relief from his conviction for second degree murder and resulting sentence of twenty-five years. On appeal, the petitioner claims that he received the ineffective assistance of counsel because his attorney failed to cross-examine witnesses thoroughly and failed to file a motion for a change of venue. We affirm the trial court’s dismissal of the petition.
Patrick Dale Potter vs. State - E2005-01183-CCA-R3-HC View
Blount County - In 1999, the Petitioner, Patrick Dale Potter, pled guilty to one count of rape and received an eight-year sentence, with all but six months suspended. In 2001, the Defendant’s probation was revoked, and he was ordered to serve the remainder of his sentence in prison. He filed a petition for a writ of habeas corpus, alleging that the trial court lacked jurisdiction to hear and accept his guilty plea because he was a juvenile when he committed the offense and a proper transfer hearing had not been conducted. After a hearing, the trial court dismissed the petition, and we affirm the judgment of the trial court.
State vs. Jeffrey Owen Walters - M2005-01856-CCA-R3-CD View
Marshall County - The Appellant, Jeffrey Owen Walters, was convicted by a Marshall County jury of second degree murder and sentenced to twenty-three years and nine months in the Department of Correction. On appeal, he has raised two issues for our review: (1) whether the evidence is sufficient to support the conviction; and (2) whether the State failed to furnish Walters all of his in-custody statements in violation of Tenn. R. Crim. P. 16. Following review, we conclude that the evidence is sufficient to support the verdict, and, although we find that the State violated the discovery rule, we conclude that the error is harmless. Accordingly, the judgment of conviction is affirmed.
Cases posted the week of 08/14/2006
State vs. Andrew Collins & Terrance Grizzard - M2005-01685-CCA-R3-CD View
Davidson County - The defendants, Andrew L. Collins and Terrance D. Grizzard, were each convicted of one count of aggravated assault. In addition, the defendant Collins pled guilty to one count of domestic assault and the defendant Grizzard was convicted of one count of reckless endangerment. Collins received an effective sentence of six years and Grizzard received an effective sentence of eight years. In this appeal, the defendant Collins asserts (1) that the evidence was insufficient to support his conviction for aggravated assault and (2) that the trial court erred by providing a jury instruction on criminal responsibility. The defendant Grizzard asserts (1) that the evidence was insufficient to support his convictions and (2) that his sentence is illegal. Because the evidence was insufficient to support the defendant Collins's conviction for aggravated assault, that conviction must be reversed and dismissed. Further, because the record establishes that there are clerical errors on the judgment forms relating to the defendant Grizzard, the cause must be remanded to the trial court for entry of corrected judgments. Otherwise, the judgments of the trial court are affirmed.
Michael W. Cooper vs. State - M2005-01882-CCA-R3-PC View
Davidson County - Petitioner, Michael W. Cooper, appeals the dismissal of his petition for post-conviction relief. In his appeal, Petitioner argues that his trial counsel rendered ineffective assistance of counsel in connection with the negotiation and entry of Petitioner’s plea of guilty to the charges of aggravated burglary and aggravated assault. As a result of trial counsel’s ineffective assistance, Petitioner contends that his plea of guilty was not voluntarily and knowingly entered into. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel’s representation was deficient, that he was prejudiced by his trial counsel’s performance, or that as a result of counsel’s conduct, Petitioner’s plea of guilty was not voluntarily or knowingly made. We accordingly affirm the judgment of the post-conviction court.
State vs. Jackie Allen - M2005-02808-CCA-R3-CD View
Lincoln County - The Appellant, Jackie Glenn Allen, appeals the sentencing decision of the Lincoln County Circuit Court. Allen pled guilty to the crimes of rape and incest and was subsequently sentenced to concurrent sentences of ten years and six months for the rape and five years for the incest. After review of the record, we affirm the sentences as imposed.
Gregory Lance vs. State - M2005-01765-CCA-R3-PC View
Putnam Coutny - The petitioner, Gregory Lance, appeals the denial of his petition for post-conviction relief from his convictions for first degree murder, especially aggravated burglary, and arson, arguing that the post-conviction court erred in finding that he failed to prove ineffective assistance of appellate counsel. On appeal, he essentially argues that appellate counsel, who raised ineffective assistance of trial counsel as an issue on direct appeal, was ineffective in the following ways: (1) by failing to argue that the extended trial hours violated the petitioner’s right to effective counsel and due process of law; (2) by failing to argue that trial counsel was ineffective for not objecting to the State’s improper closing argument; and (3) by failing to adequately argue for the admissibility of a hearsay statement that would have suggested that a third party, Sam Horn, was the true culprit in the crimes. Following our review, we affirm the denial of the petition.
State vs. Xavier Lewis - M2005-02062-CCA-R3-CD View
Montgomery County - The defendant, Xavier Kenta Lewis, was convicted by a Montgomery County jury of possession of over .5 grams of cocaine with the intent to deliver, possession of marijuana, and possession of drug paraphernalia and was sentenced by the trial court as a Range I, standard offender to an effective sentence of eight years, with sixty days in confinement and the balance of the time on community corrections. In a timely appeal to this court, he raises three issues: (1) whether the affidavit in support of the search warrant for his girlfriend’s residence was sufficient to establish probable cause for the search; (2) whether the search exceeded the scope of the warrant; and (3) whether the evidence was sufficient to sustain his conviction for possession of cocaine with the intent to deliver. Following our review, we affirm the judgments of the trial court.
André Mayfield vs. State - M2005-00757-CCA-R3-PC View
Davidson County - The petitioner pled guilty in 1993 to three counts of aggravated rape and one count of aggravated robbery and was sentenced to twenty years for each aggravated rape conviction and ten years for the aggravated robbery conviction, with all sentences to be served concurrently. Later, the Department of Correction determined that he should have been sentenced as a multiple rapist rather than a Range I, standard offender, as had occurred, and he was allowed to withdraw his pleas of guilty. In 1999, he was tried and convicted of two counts of aggravated kidnapping and single counts of aggravated rape, aggravated robbery, and rape and received an effective sentence of fifty years. These convictions and sentences were affirmed on direct appeal. See State v. Andre L. Mayfield, No. M1999-02415-CCA-R3-CD, 2001 WL 637700, at *1 (Tenn. Crim. App. June 11, 2001), perm. to appeal denied (Tenn. Oct. 29, 2001). Subsequently, he filed a number of legal actions, including two petitions for post-conviction relief, the denial of which is the basis for this present appeal. We affirm the dismissals.
State vs. William Vaughn, IV - M2004-01718-CCA-R3-CD View
Maury County - Defendant’s first trial resulted in his conviction of the offenses of premeditated first degree murder and aggravated arson which were committed in Giles County. On appeal, this Court reversed Defendant’s convictions and remanded for a new trial because Defendant was deprived of his constitutional right to testify and because the trial court erred in admitting certain information into evidence. State v. Vaughan, 144 S.W.3d 391 (Tenn. Crim. App. 2003). Venue for Defendant’s new trial was changed to Maury County. At the conclusion of the second trial, the jury again found Defendant guilty of premeditated first degree murder and aggravated arson. Defendant was sentenced to life with the possibility of parole for his murder conviction. Following a sentencing hearing, the trial court sentenced Defendant to twenty years for his aggravated arson conviction and ordered this sentence to be served consecutively to his life sentence. On appeal, Defendant argues that (1) the trial court erred in admitting certain items and testimony into evidence; (2) the evidence was insufficient to support Defendant’s convictions; and (3) the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm the judgments of the trial court.
State vs. Ramie Anderson - M2005-02086-CCA-R3-CD View
Grundy County - The defendant, Ramie Anderson, was convicted of aggravated burglary and theft over $1,000. See Tenn. Code Ann. §§ 39-14-403, -103 (2003). The trial court imposed sentences of five years and six months for the aggravated burglary and four years for the theft over $1,000. The defendant was ordered to serve six months in jail for the theft and twelve months for the aggravated burglary, a total of eighteen months. The remainder of the sentences were ordered to be served concurrently on probation. In this appeal as of right, the defendant argues that the trial court erred by refusing to suppress evidence seized from his residence and contends that the remaining evidence is insufficient to support the convictions. Because the trial court erred by its refusal to suppress, the judgments of the trial court are reversed and remanded for a new trial.
State vs. James Phillip Chappell - M2005-00425-CCA-R3-CD View
Dixon County - The defendant was indicted by the Dickson County Grand Jury with two alternative theories for driving under the influence (“DUI”). Before trial, the trial court determined that the results of a breath alcohol test were not admissible under State v. Sensing, 833 S.W.2d 412 (Tenn. 1992), but would be admissible with the proper foundation of expert testimony under Rules 702 and 703 of the Rules of Evidence. Midway through the trial, the defendant pled guilty to DUI reserving a certified question of law concerning the trial court’s pre-trial ruling. The defendant pled guilty under Tennessee Code Annotated section 55-10-401(a)(2), which requires for a conviction that the defendant have a blood alcohol content of at least .08%. The trial court sentenced him to eleven months and twenty-nine days, suspended after the service of forty-eight hours. The defendant was also assessed a fine of $350. We affirm and remand the judgment of the trial court.
State vs. Clifford Thornton - M2005-02000-CCA-R3-CD View
Marshall County - The defendant, Clifford Ray Thornton, pled guilty to burglary, a Class D felony, in exchange for a three-year sentence as a Range I, standard offender, with the manner of service to be determined by the trial court. The trial court denied the defendant’s request for alternative sentencing, and he appeals. Following our review, we affirm the judgment of the trial court.
State vs. Timothy R. Bouton - E2005-02294-CCA-R3-CD View
Hamilton County - The Defendant, Timothy R. Bouton, pled guilty to vehicular manslaughter and reckless endangerment and was sentenced to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends that the trial court erred: (1) when it failed to have him execute an ex post factor waiver with regard to the 2005 Sentencing Act; (2) in its application of enhancement and mitigating factors; and (3) when it denied him probation or other alternative sentencing. After reviewing the record and applicable authorities, we conclude that the trial court erred when it failed to have the Defendant execute an ex post factor waiver with regard to the 2005 Sentencing Act. Therefore, we reverse the case and remand it for a new sentencing hearing.
State vs. Eric D. Devaney - E2005-01986-CCA-R3-CD View
Knox County - The Defendant, Eric D. Deveany, pled guilty to aggravated burglary and robbery, and the trial court ordered him to serve two concurrent five-year sentences. The Defendant applied for, and was given, probation. Subsequently, a violation of probation warrant was issued, and, following a revocation hearing, the trial court revoked the Defendant’s probation. On appeal, the Defendant contends that the trial court erred when it revoked his probationary sentences and ordered him to serve the remainder of his sentences in the Tennessee Department of Correction. We affirm the judgment of the trial court.
State vs. Cindy Massengill - E2005-02536-CCA-R3-CD View
Union County - The defendant, Cindy Massengill, appeals from the Union County Criminal Court’s denial of alternative sentencing. The record supports the court’s order, and we affirm.
State vs. Patty D. Layland Smith - E2005-01621-CCA-R3-CD View
Sullivan County- - Defendant, Patty D. Layland Smith, pled guilty to two counts of failure to appear, each offense being a Class E felony. Defendant was sentenced as a career offender and ordered to serve six years for each offense, to be served concurrently, with a sixty (60) percent release eligibility date. Following a sentencing hearing, the trial court denied probation and any other form of alternative sentencing. Defendant appeals, arguing that the trial court erred in finding that she was not eligible for probation or alternative sentencing. After a full review, we affirm the judgments of the trial court.
Aaron Lee Skeen vs. State - E2005-01407-CCA-R3-PC View
Blount County - Pursuant to a negotiated plea agreement, Petitioner, Aaron Lee Skeen, pled guilty and was convicted of one count of first degree murder, one count of especially aggravated kidnapping, three counts of aggravated rape, four counts of aggravated burglary, and three counts of forgery. The sentences for each conviction were ordered to be served consecutively for an effective sentence of life without parole plus 124 years. He filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the petition. On appeal, Petitioner argues that he is entitled to post-conviction relief because trial counsel (1) failed to adequately investigate whether Petitioner was suffering from mental incompetency/diminished capacity at the time he committed the crime, and (2) failed to file a motion to suppress Petitioner’s statement to authorities. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Yvonne B. Ragland - E2005-02016-CCA-R3-CD View
Knox County - The defendant, Yvonne B. Ragland, was convicted on her guilty plea to Class D felony theft in the Knox County Criminal Court. The trial court denied her bid for judicial diversion and sentenced her to three years on probation. She appeals the denial of judicial diversion and the length of sentence imposed. Because the trial court erred in denying judicial diversion, we reverse and remand the case with instructions for the trial court to enter an order placing the defendant on judicial diversion with appropriate conditions.
State vs. Charles Hall - W2005-01338-CCA-R3-CD View
Shelby County - The defendant, Charles Hall, was convicted by a Shelby County jury of two counts of aggravated robbery. For these offenses, the defendant was sentenced as a repeat violent offender to consecutive sentences of life imprisonment without the possibility of parole. On appeal, he argues that: (1) the trial court erred in consolidating the indictments for trial; (2) the trial court erred in sentencing him under the Repeat Violent Offender Act; (3) the evidence was insufficient to support his convictions; and (4) the trial court erred in ordering consecutive sentencing. Following our review of the record and the parties’ briefs, we reverse the judgments of the trial court and remand for two separate trials.
Cases posted the week of 08/07/2006
State vs. Shrone M. Hill - E2005-02109-CCA-R3-CD View
Hamilton County - The Defendant, Shrone M. Hill, pled guilty to five counts of aggravated burglary, and the trial court sentenced him, as a Range I offender, to an effective sentence of eighteen years in prison. On appeal, the Defendant contends that: (1) the trial court erred when it sentenced him to the maximum of six years for each count; and (2) the trial court erred when it ordered two of the five sentences to run consecutively to each other and consecutively to the three concurrent sentences. Finding that there exists no reversible error, we affirm the judgments of the trial court.
Johnny Phelps vs. State - E2005-02405-CCA-R3-PC View
Hamilton County - In 1973, a Hamilton County jury convicted the Petitioner of rape, and the trial court imposed an effective sentence of ninety-nine years in prison. On direct appeal, this Court affirmed the Petitioner’s convictions, and the Tennessee Supreme Court denied the Petitioner’s application for permission to appeal. In 2004, the Petitioner filed a petition for post-conviction relief requesting DNA testing pursuant to the Post-Conviction DNA Analysis Act of 2001. After the State responded that it was unable to find any biological evidence relating to the crime, the trial court denied the Petitioner’s post-conviction petition. The Petitioner appeals, contending that the trial court erred by dismissing the petition without an evidentiary hearing. Finding that there exists no reversible error, we affirm the trial court’s dismissal of the petition.
State vs. Kenneth Shane Story - M2005-02281-CCA-R3-CD View
Humphreys County - The Defendant, Kenneth Shane Story, pled guilty to one count of manufacturing methamphetamine and two counts of possession of one-half gram or more of methamphetamine with intent to sell or deliver. The Defendant received an effective sentence of four years, all to be served on probation. Subsequently, a probation violation warrant was issued, and after a hearing, the trial court revoked the Defendant’s probation. The Defendant appeals, claiming that: (1) he was not provided due process; (2) the trial court was not presented sufficient evidence to revoke his probation; and (3) the trial court erred in failing to provide him counsel. Finding no reversible error, we affirm the judgment of the trial court.
State vs. Billy Jackson Coffelt - M2005-01723-CCA-DAC-CD View
Davidson County - The petitioner, Billy Jackson Coffelt, was convicted in 1983 of assault with intent to commit first degree murder and assault with intent to commit robbery with a deadly weapon. The trial court imposed a sentence of life for the conviction of assault with intent to commit first degree murder and a sentence of not less than ten and not more than twenty-one years for the conviction of assault with intent to commit robbery. There was no direct appeal. After seventeen years of protracted litigation, the post-conviction court granted the petitioner a delayed appeal of his convictions. At the same time, the post-conviction court denied the remaining claims in the petition for post-conviction relief. The petitioner filed separate notices of appeal in each case. The cases were later consolidated by this court upon motion of the petitioner. The single issue presented in the petitioner's delayed appeal is whether the evidence is sufficient to support the convictions. In his appeal of the denial of his post-conviction petition, the petitioner asserts that he was denied the effective assistance of counsel at trial. Because the evidence was sufficient to support the convictions, the judgments of conviction as to the delayed appeal are affirmed; however, because the petitioner was denied the effective assistance of counsel at trial, the judgment of the post-conviction court denying relief must be reversed, the convictions vacated, and the cause remanded for a new trial.
State vs. Kevin B. Armstrong - M2005-02781-CCA-R3-CD View
Davidson County - The defendant, Kevin B. Armstrong, appeals the trial court’s revocation of his community corrections sentence. The sole issue on appeal is whether the trial court abused its discretion in ordering the defendant to serve the balance of his sentence in confinement. Following our review, we affirm the judgment of the trial court.
State vs. Jose Rodriguez & Eladio Sanchez - M2005-00951-CCA-R3-CD View
Sumner County - The defendants, Jose Rodriguez and Eladio Caballero Sanchez, were convicted of conspiracy to possess marijuana with intent to sell or deliver, a Class A felony. See Tenn. Code Ann. § 39-17-417(j)(13) (2003). The trial court sentenced each defendant to twenty years in the Department of Correction. In this appeal, the defendant Rodriguez asserts (1) that the evidence is insufficient to support his conviction; (2) that the trial court erred by admitting evidence of his alleged prior bad acts in violation of Tennessee Rule of Evidence 404(b); (3) that the trial court erred by permitting a state witness to give improper opinion testimony; and (4) that the trial court erred by admitting into evidence a map created by a state witness. The defendant Sanchez asserts (1) that the evidence is insufficient to support his conviction; (2) that the trial court erred by admitting evidence of his alleged prior bad acts in violation of Rule 404(b); (3) that the trial court erred by admitting into evidence a document that was not provided to the defense prior to trial; (4) that the trial court erred by permitting a state witness to give improper opinion testimony; and (5) that the trial court erred by admitting irrelevant evidence regarding his ownership of property in Mexico. The judgments of the trial court are affirmed.
State vs. Calvin Austin - W2005-02592-CCA-R3-CD View
Shelby County - The appellant, Calvin Austin, was charged with violating probation. After a hearing in which the trial court revoked the appellant’s probation solely on the fact that the appellant received a new arrest, the appellant appealed. Because the trial court improperly revoked the appellant’s probation without a finding that the revocation was based on a preponderance of the evidence, we reverse the revocation of probation and remand the case for a hearing in which the trial court determines whether the preponderance of the evidence justifies a revocation.
State vs. Edyson Rafael Arias - E2005-01700-CCA-R3-CD View
A Hamilton County jury convicted the Defendant, Edyson Rafael Arias, of first degree premeditated murder, first degree felony murder, attempted especially aggravated burglary, and theft of property valued over $10,000. The trial court merged the first degree murder convictions and sentenced the Defendant to an effective sentence of life plus six years. On appeal, the Defendant contends that: (1) the trial court erred when it failed to instruct the jury on the lesser-included offense of voluntary manslaughter; (2) the trial court abused its discretion when it denied the Defendant’s motion for a change of venue; (3) the trial court erred when it admitted a knife set found at the victim’s home and certain photographs of the victim into evidence; and (4) the trial court erred when it sentenced him. Finding that there exists no reversible error, we affirm the judgments of the trial court.
William L. A. Church vs. State - E2005-02037-CCA-R3-HC View
Hamilton County - The petitioner, William L.A. Church, petitioned the Criminal Court for Hamilton County for relief from his convictions for aggravated assault and forgery. The trial court construed the petition as one for habeas corpus relief and dismissed the petition. The state moves this court to affirm the convictions pursuant to Tennessee Court of Criminal Appeals Rule 20. The petitioner has failed to establish a cognizable claim for habeas corpus relief. We sustain the state’s motion and affirm the order of dismissal.
State vs. Ricky Shackles, Carrie Anderson - E2005-00510-CCA-R3-CD/E2005-00511-CCA-R3-CD View
Claiborne County - This is a direct appeal as of right upon a certified question of law. See Tenn. R. Crim. P. 37(b)(2). The Defendants, Ricky Shackles and Carrie Anderson, were both convicted of simple possession of a controlled substance, a Class A misdemeanor, following their entry of a guilty plea. Defendant Shackles received eleven months and twenty-nine days on probation, and Defendant Anderson received eleven months and twenty-nine days on judicial diversion. On appeal, the Defendants claim, pursuant to their reserved certified question, that as occupants of a parked car in a privately owned parking lot, they had a reasonable expectation of privacy which rendered the warrantless search of their car unconstitutional. Because the certified question of law is not dispositive of the Defendants’ case, we dismiss this appeal.
State vs. Donnie Hensley - E2005-01444-CCA-R3-CD View
Greene County - The defendant, Donnie Joe Hensley, appeals from his Greene County Criminal Court jury conviction of first degree murder. He claims on appeal that the trial court erred (1) in failing to dismiss the indictment because the juvenile court had transferred his case to criminal court without appointing a guardian ad litem, (2) in refusing to remand to juvenile court because a prosecution witness had lied in the juvenile court transfer hearing, and (3) in refusing to extend the plea cut-off date until the defendant attained his 18th birthday. The defendant also claims that the evidence is legally insufficient to support the conviction of premeditated first degree murder. We find no reversible error and affirm the judgment of the criminal court.
State vs. Robert Rutherford - E2005-00664-CCA-R3-CD View
Knox County - The defendant, Robert Eugene Rutherford, was convicted on his guilty pleas of aggravated burglary, a Class C felony, six counts of theft of property valued at $1,000 but less than $10,000, a Class D felony, seven counts of burglary of an auto, a Class E felony, three counts of theft of property valued at $500 but less than $1,000, a Class E felony, reckless endangerment, a Class E felony, theft of property valued at less than $500, a Class A misdemeanor, and assault, a Class A misdemeanor. The defendant received an effective eight-year sentence pursuant to his plea agreement, and the trial court imposed probation. The state appeals from the trial court’s grant of probation and the trial court’s ruling that the defendant’s probation would not be revoked following an admitted violation. We conclude no error exists, and we affirm the judgments of the trial court. We remand the case, however, for a determination whether clerical error exists in the judgments for counts three and six of case 80728.
State vs. Cedric Golden - W2005-02743-CCA-R3-CD View
McNairy County - A McNairy County jury found the defendant, Cedric P. Golden, guilty of possession of more than ten pounds of marijuana with intent to deliver and possession of drug paraphernalia. The trial court sentenced the defendant to an effective sentence of five years and imposed a fine of $5,150.00. On appeal, the defendant argues that the evidence is insufficient to sustain his convictions. After review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. Joe Ivy - W2005-01538-CCA-R3-PC View
Shelby County - The Petitioner, Joe Anthony Ivy, appeals the lower court’s denial of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to establish his entitlement to relief from an unconstitutional or invalid sentence. Accordingly, we affirm the trial court’s dismissal.
State vs. Larry Noel - W2005-01958-CCA-R3-CD View
Lauderdale County - The defendant, Larry J. Noel, was convicted by a Lauderdale County jury of attempted first-degree murder, aggravated assault, retaliation for past action, unlawful possession of a weapon, and driving on a revoked license. On appeal, he argues that the evidence was insufficient to convict him of attempted first-degree murder. After our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Jarvis Taylor - W2005-01966-CCA-R3-CD View
Shelby County - The defendant, Jarvis Taylor, was convicted of first degree felony murder and especially aggravated robbery. He received a sentence of life imprisonment for his felony murder conviction and a concurrent twenty year sentence for his especially aggravated robbery conviction. On appeal, the defendant argues that the evidence was insufficient to support his convictions. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court.
State vs. Charles White - W2005-02280-CCA-R3-CD View
Madison County - The defendant, Charles Lee White, pled guilty to one count of aggravated burglary and three counts of sexual battery. He was sentenced to an effective eight-year sentence, suspended, and placed on intensive probation. Thereafter, the trial court revoked the defendant’s probation and placed his sentence into effect. On appeal, the defendant challenges the trial court’s revocation of his probation. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Randall S. Sparks - M2005-02436-CCA-R3-CD View
Overton County - The appellant, Randall S. Sparks, was convicted of one count of the sale of less than .5 grams of cocaine and one count of the sale of .5 grams or more of cocaine. The trial court imposed a total effective sentence of twelve years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s refusal to give Tennessee Pattern Jury Instruction 42.23 regarding the loss or destruction of evidence and the trial court’s denial of a motion for new trial based upon a juror’s disclosure after trial that she knew the appellant. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.
John Williams-Bey vs. State - M2005-00709-CCA-R3-PC View
Davidson County - The petitioner, John Darryl Williams-Bey, was convicted of carjacking by a jury in the Davidson County Criminal Court, and he received a sentence of eighteen years in the Tennessee Department of Correction. Subsequently, he filed a petition for post-conviction relief, alleging that his trial counsel were ineffective. 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.
Cases posted the week of 07/31/2006
State vs. Jose Molina a/k/a Roberto
C. Perez - M2005-01033-CCA-R3-CD View
Davidson County - The defendant, Jose E. Molina, was convicted of aggravated rape, a
Class A felony, and aggravated robbery, a Class B felony. See Tenn.
Code Ann. §§ 39-13-502, -402 (2003). The trial court imposed
a sentence of twenty-one years for the aggravated rape, to be served
at one hundred percent, and a concurrent sentence of nine years for
the aggravated robbery. In this appeal, the defendant asserts that
the trial court erred by denying his motion to suppress a pretrial
identification and that the evidence was insufficient to support the
convictions. The judgments of the trial court are affirmed.
State vs. Markus Hartley - M2005-02523-CCA-R3-CD View
The appellant, Markus K. Hartley, was indicted by the Williamson
County Grand Jury for driving under the influence, fourth
offense. The appellant filed a motion to suppress the evidence,
arguing that the police did not have probable cause to stop his
vehicle. The trial court denied the motion to suppress the evidence.
Subsequently, the appellant pled guilty to driving under the influence,
second offense, but reserved a certified question of law to determine
whether the trial court properly ruled on the motion to suppress.
Because the trial court properly denied the motion to suppress,
we affirm the judgment of the trial court.
State vs. Robert J. Wrigglesworth - M2005-01841-CCA-R9-CO View
Montgomery County - The defendant, Robert J.
Wrigglesworth, Jr., previously convicted in Texas for the offense
of indecency with a child by contact, was indicted for violating
Tennessee Code Annotated section 40-39-211(c) because of his residing
at an address where a minor child also resided. He offered to
stipulate that he was a sex offender as covered by this statute.
The trial court concluded that the State was required to accept
this stipulation and thus barred from proving that the defendant
was a convicted sex offender or why it was unlawful for him to
live in the same residence as a minor. The State filed a Rule
9 appeal. Following our review, we reverse the order of the trial
court.
State vs. William Earl Cherry - M2005-02327-CCA-R9-CO View
Williamson County - The defendant, William Earl
Cherry, was indicted for three counts of aggravated assault and
three counts of reckless endangerment. He filed an application
for pretrial diversion, and the State denied his request. He then
filed a petition for writ of certiorari, and the trial court ordered
that the State enter into a memorandum of understanding. The State
filed a Rule 9 appeal. Following our review, we reverse the order
of the trial court and remand for further proceedings consistent
with this opinion.
State vs. Christopher R. Pierce - M2005-01708-CCA-R3-CD View
A Stewart County Circuit Court jury convicted the appellant, Christopher
R. Pierce, of one count of vehicular homicide, two counts of contributing
to the delinquency of a minor, and one count of aiding and abetting
driving under the influence (DUI). The trial court merged the
DUI conviction into the vehicular homicide conviction and sentenced
the appellant to concurrent sentences of twelve years for vehicular
homicide and eleven months, twenty-nine days for each count of
contributing to the delinquency of a minor. On appeal, the appellant
claims (1) that the evidence is insufficient to support the convictions
and that the trial court erred by denying his motion for judgment
of acquittal and (2) that the trial court erred by denying his
request for a mistrial when a State witness revealed to the jury
that the appellant had been driving without a license, had a prio