This Page Last Updated: November 08, 2007 at 10:52.49 hours
The following Opinions are available for download:
Cases posted the week of 09/24/2007
Leroine Martin vs. State - E2006-02280-CCA-R3-CD View
Knox County - The Petitioner, Leroine Martin, pled guilty
to two counts of second degree murder and one count of aggravated robbery.
He filed a petition for post-conviction relief alleging that he received
the ineffective assistance of counsel prior to and during the guilty
plea proceedings. The post-conviction court denied his petition. After
a thorough review of the record and applicable law, we affirm the post-conviction
court’s judgment.
State vs. Matthew Jordan
Buentiempo -
E2006-01791-CCA-R3-CD View
Blount County - The Appellant, Matthew Jordan Buentiempo,
appeals the order of the Blount County Circuit Court revoking his probation
and reinstating his original sentences of confinement. On appeal, Buentiempo
alleges that the trial court erred in revoking his probation. After a
review of the record, we affirm.
State vs. William Lee Collins - E2007-00531-CCA-R3-CD View
Bradley County - The Defendant, William Lee Collins,
pled guilty to the following crimes: (1) possession of more than 0.5
grams of methamphetamine with intent to sell; (2) possession of a Schedule
II drug with intent to sell; and (3) possession of marijuana. He was
sentenced to an effective sentence of eight years on probation. In accordance
with Tennessee Rule of Criminal Procedure 37, the Defendant reserved
as a certified question of law the issue of whether the search and seizure
that led to his indictment and guilty plea were constitutional. We conclude
that the search and seizure were constitutional, and, therefore, we affirm
the trial court’s judgment.
Jermaine Hunter vs. Howard Carlton,
Warden -
E2007-00438-CCA-R3-HC View
Johnson County - The petitioner, Jermaine Hunter, appeals
from the circuit court’s summary dismissal of his pro se petition
for writ of habeas corpus. Following our review of the record and applicable
law, we affirm the dismissal of the petition.
State vs. Kristi Dance Oakes - E2006-01795-CCA-R3-CD View
Sevier County - The Defendant, Kristi Dance Oakes,
pled guilty to one count of statutory rape. The trial court denied
her request for judicial diversion or full probation and sentenced
her to eighteen months, of which six months is to be served in the
county jail, followed by twelve months of supervised community probation.
She appeals that decision. Upon review, we affirm the judgment of the
trial court, after modifying the sentence. However, we remand for the
correction of a clerical error in the judgment form.
State vs. Joseph Wayne Higgins -
E2006-01552-CCA-R3-CD View
Knox County - The defendant, Joseph Wayne Higgins, was
convicted by a Knox County jury of three counts of rape of a child, a
Class A felony, and received an effective sentence of forty-five years
in the Tennessee Department of Correction. The defendant appeals his convictions,
arguing that the trial court (1) committed plain error by improperly admitting
testimony relating to acts committed by the defendant that were unrelated
to the elected offenses, (2) committed plain error by improperly admitting
testimony of three witnesses who bolstered the victim’s credibility
after it had been impeached, (3) improperly instructed the jury as to “recklessness”,
(4) improperly imposed an excessive sentence, and (5) improperly sentenced
the defendant to consecutive terms. After reviewing the record, we conclude
that the trial court improperly admitted testimony regarding specific
acts of conduct by the defendant and failed to instruct the jury regarding
prior consistent statements. However, because we conclude that these errors
did not rise to the level of plain error, we deny the defendant relief
on these issues. We also conclude that the trial court properly instructed
the jury regarding recklessness and properly imposed consecutive sentences.
However, we conclude that the trial court improperly applied sentence
enhancement factors to one of the defendant’s convictions. Therefore,
we affirm the judgments of the trial court but reduce the defendant’s
total effective sentence from forty-five years to forty years.
State vs. Roger Melson - E2006-02483-CCA-R3-CD View
Blount County - The defendant, Roger Melson,
pled guilty to aggravated assault, domestic assault, and aggravated
burglary, and the trial court sentenced him to five years, with
six months to be served in jail and the balance to be served
on probation. Subsequently, the trial court issued a warrant
alleging that the defendant violated his probation, and, after
a hearing, it revoked the defendant’s probation. On appeal,
the defendant claims the trial court abused its discretion
by revoking his probation because the State failed to prove
that he willfully violated his probation. Finding no error,
we affirm the trial court’s
judgment.
State vs. Marcus Dwayne
Welcome - E2006-01839-CCA-R3-CD View
(Concur) - View
Knox County - The defendant, Marcus Dwayne
Welcome, appeals as of right his Knox County Criminal Court
jury conviction for criminal responsibility for aggravated robbery
for which he received a sentence of twenty years as a Range
II, multiple offender. On appeal, he contends that double jeopardy
precludes his conviction, that the verdict form incorrectly
and prejudicially characterized criminal responsibility as a
lesser included offense of aggravated robbery, that the trial
court should have granted a mistrial based upon the witness’s
reference to the defendant’s previous incarceration, that
the trial court erred in ruling a prior robbery admissible for
impeachment purposes, and that the trial court committed errors
related to sentencing. Following our review, the judgment of
the trial court is affirmed.
State vs. Melvin Cofer - W2006-00631-CCA-R3-PC View
Hardeman County - The petitioner, Melvin Cofer,
was convicted of aggravated vehicular homicide and vehicular
assault. As a result, the petitioner received concurrent sentences
of twenty-one years and three years. The petitioner’s
convictions and sentences were affirmed on direct appeal. See
State v. Melvin Cofer, No. W2002-01984-CCA-R3-CD, 2003 WL 21729450,
at *1 (Tenn. Crim. App., at Jackson, Jul. 25, 2003), perm. app.
denied, (Tenn. Nov. 24, 2003). Subsequently, the supreme court
denied permission to appeal. The petitioner filed a pro se petition
for post-conviction relief alleging, on numerous grounds, ineffective
assistance of counsel. Counsel was appointed and several amended
petitions were filed. The petition was denied by the post-conviction
court after a hearing. This appeal followed. Because the post-conviction
court properly denied the petition, we affirm the judgment of
the post-conviction court.
State vs. Marlow Williams -
W2005-02803-CCA-R3-CD View
Shelby County - Appellant, Marlow Williams, was
indicted in June of 2003 with six counts of aggravated robbery.
In September of 2004, Appellant invoked the provisions of the Interstate
Compact on Detainers to dispose of his charges in Tennessee. The
Assistant Attorney General and Shelby County Criminal Court received
the Request for Disposition of Indictment on October 4, 2004. Appellant
was transported to Tennessee. A jury trial was held in September
of 2005, where Appellant was found guilty of two counts of aggravated
robbery. The trial court sentenced Appellant to concurrent ten-year
sentences, but merged Count 2 for a single sentence under Count
1. On appeal, Appellant argues that: (1) the trial court improperly
denied his motion to dismiss the indictment because his trial was
held after the expiration of the 180 days provided for in the Interstate
Compact on Detainers; (2) the trial court improperly admitted expert
testimony on fingerprints; (3) the evidence was insufficient to
support the convictions; and (4) the trial court improperly sentenced
him. We determine that the trial was not held in violation of the
Interstate Compact on Detainers and that the trial court properly
admitted expert testimony on fingerprints. Furthermore, despite
the improper application of enhancement factor (3), the offense
involved more than one victim, we determine that the trial court
properly sentenced Appellant. As a result, we affirm the judgment
of the trial court.
State vs. Marcillo Anderson -
W2006-02231-CCA-R3-PC View
Shelby County - The petitioner, Marcillo C. Anderson,
appeals the denial of his petition for post-conviction relief.
He argues that counsel was ineffective due to his failure to: (1)
adequately communicate with him concerning his case; (2) provide
him with discovery materials regarding his case; (3) adequately
investigate the case; and (4) adequately present proof that he
was acting in self-defense. After review, we affirm the denial
of his petition for post-conviction relief.
State vs. Marcario Chism -
W2007-00592-CCA-R3-HC View
Lauderdale County - The petitioner, Macario
Chism, appeals the Lauderdale County Circuit Court’s dismissal of
his 2007 petition for a writ of habeas corpus. In the petition, the petitioner
challenged the validity of his multiple 1993 Shelby County convictions,
which were the results of guilty pleas and included convictions of aggravated
burglary, aggravated robbery, and aggravated kidnapping. The petition
alleged that the petitioner was free on bond on the charge of aggravated
burglary when he was arrested for nine of the other offenses, and he claimed
that the partial concurrent alignment of the resulting sentences rendered
his judgments void. Because the petitioner failed to file a statutorily
compliant petition, we affirm the circuit court’s
dismissal of the petition.
State vs. Ronald Crafton -
W2007-00346-CCA-R3-HC View
Lauderdale County - The petitioner, Ronald Dennis
Crafton, appeals the summary dismissal of his petition for habeas
corpus relief. He contends that his judgments for rape are void
because the evidence was insufficient to support his convictions
and because he was sentenced in absentia. Because the petitioner
has failed to assert a cognizable claim for habeas corpus relief,
the judgment of the habeas corpus court is affirmed.
State vs. David Milken - W2006-01850-CCA-R3-CD View
Shelby County - The defendant, David Milken, was
convicted of first degree felony murder and especially aggravated
robbery, a Class A felony. He received concurrent sentences of
life and twenty years. On appeal, he contends that the evidence
was insufficient to support his convictions and that the trial
court erred in admitting certain photographs into evidence. We
conclude that no error exists, and we affirm the judgments of the
trial court.
State vs. John Dupree - W2006-01645-CCA-R3-CD View
Shelby County - The defendant, John Dupree,
appeals the trial court’s judgment denying any form of
alternative sentence. The defendant argues that the trial court
erred in failing to allow him to call witnesses during the sentencing
hearing and in denying an alternative sentence. After careful
review, we conclude that no reversible error occurred during
the sentencing hearing and that the denial of alternative sentencing
was proper. We affirm the judgment from the trial court.
Gabriel Zaharia Kimball -
E2006-01562-CCA-R3-PC View
Bradley County - Petitioner, Gabriel Zaharia
Kimball, appeals the post-conviction court’s denial of his petition
for post-conviction relief in which he alleged ineffective assistance
of counsel in connection with his entry of a plea of guilty to the offense
of rape of a child. Petitioner argues on appeal that his trial counsel
was ineffective because he failed to (1) advise Petitioner of his right
to appeal the juvenile court’s decision to transfer him to criminal
court to be tried as an adult; (2) submit medical evidence at the transfer
hearing; and (3) pursue an appeal of the juvenile court’s
denial of his motion to dismiss. After a thorough review, we
affirm the judgment of the post-conviction court.
State vs. James Wesley Daniels -
E2006-01119-CCA-R3-CD View
Cocke County - James Wesley Daniels, the defendant,
appeals his convictions for premeditated first degree murder and
attempted second degree murder. The defendant asserts as grounds
for appeal that: the evidence was insufficient to support the convictions;
the trial judge erred in refusing to recuse himself; and the trial
court erred in failing to take remedial action after the defendant
was observed in restraints by some jury members. We have concluded
that no reversible error is present, and we affirm the convictions.
Cases posted the week of 09/17/2007
State of Tennessee v. Maria A.
Dills -
M2006-02161-CCA-R3-CD View
Dickson County - A Dickson County jury convicted
the defendant of one count of driving under the influence (DUI),
second offense, a Class A misdemeanor, one count of violating
the implied consent law, a Class A misdemeanor, one count of
driving on a revoked license, a Class B misdemeanor, and one
count of leaving the scene of an accident, a Class C misdemeanor.
On appeal, the defendant contends that the trial court erred
in denying her pre-trial motion to suppress statements made
to police inside her residence because the statements resulted
from custodial interrogation and were given without proper Miranda
warnings. The defendant also contends that the evidence produced
at trial was insufficient to support her convictions. After
reviewing the record, we conclude that the trial court properly
denied the defendant’s motion to suppress her statements, and that
the evidence produced at trial was sufficient to support the defendant’s
convictions. Accordingly, we affirm the judgments of the trial
court.
State of Tennessee v. Kirby Abram
Stephens -
M2006-02521-CCA-R3-CD View
Fentress County - The Defendant, Kirby Stephens,
was convicted by a Fentress County jury of first degree murder
and received a sentence of life imprisonment. In this appeal
as of right, the Defendant presents the following issues for
our review: (1) whether statutory violations in the jury selection
process resulted in prejudice to him; (2) whether the trial
court erred in its method of polling the jury by a “show of hands”;
(3) whether the trial court erred by not requiring the State’s designated
representative, investigating officer Detective Gary Ledbetter, to testify
first, violating the rule of sequestration; and (4) whether the evidence
was sufficient to support his conviction. The State responds that, other
than the Defendant’s challenge to the sufficiency of evidence, his
issues are waived due to his failure to timely file a motion for new trial.
After review, we conclude that the Defendant’s
motion for new trial was timely filed and that there was no
reversible error. The judgment of the trial court is affirmed.
Terrance Carter v. State of Tennessee -
M2006-01363-CCA-R3-HC View
Davidson County - The petitioner, Terrance N.
Carter, pro se, filed a petition for habeas corpus relief in Davidson
County which was summarily dismissed. He appealed pro se and was
appointed counsel by this court. His pro se filing challenges whether
the trial court erred in dismissing his petition without an evidentiary
hearing. His appointed counsel requests that his habeas corpus
petition be treated as one for post-conviction relief and that
this court order the Davidson County Court to transfer the matter
to the Maury County Criminal Court to proceed as if the petition
was for post-conviction relief. We conclude that, without express
authority, we should not order a transfer in this case, and the
summary dismissal is affirmed.
State of Tennessee v. Antonio D.
Waters -
M2006-01468-CCA-R3-CD View
Sumner County - The defendant, after denial of
his motion to suppress evidence, entered a plea of guilty to possession
with intent to sell more than one-half gram of cocaine, a Class
B felony. The negotiated sentence was eight years as a standard
offender. The defendant appeals pursuant to Tennessee Rule of Criminal
Procedure 37(b)(2)(I). After review, we conclude that denial of
the motion to suppress was error. Accordingly, we reverse the conviction
and dismiss the charges.
State of Tennessee v. Carol
D. Pope -
M2006-02749-CCA-R3-CD View
Davidson County - The defendant, Carol Denise
Pope, appeals the Davidson County Criminal Court’s denial of alternative
sentencing on her conviction of theft of property valued at more than
$10,000 but less than $60,000, a Class C felony. See T.C.A. § 39-14-103
(2006) (proscribing theft); see also id. § 39-14-105(4)
(grading theft by increments of dollar amounts of value). We
affirm the judgment of the trial court.
State vs. David Nathaniel Cope -
E2006-01005-CCA-R3-CD View
Washington County - The defendant, David Nathaniel
Cope, appeals his conviction of Driving Under the Influence
(DUI), a Class A misdemeanor, and resulting sentence of eleven
months and twenty-nine days, with forty-six hours to be served
in confinement. He argues that the trial court erred in denying
his motion to dismiss on the basis that the charging instrument
was void. We affirm the defendant’s conviction. However,
we discern an error in the judgment form, and we remand the
case for a modified judgment to reflect that the defendant is
to serve forty-eight hours in confinement.
State vs. Michael Lindsay -
W2006-02518-CCA-R3-PC View
Shelby County - The petitioner, Michael Lindsey,
appeals the denial of his petition for writ of error coram nobis
and the denial of his petition for post-conviction relief. Because
the petitioner has failed to allege appropriate grounds for coram
nobis relief and because his petition for post-conviction relief
is procedurally barred, the judgment of the trial court is affirmed.
State vs. Lorenzo Woods -
W2006-02493-CCA-R3-CD View
Madison County - The defendant, Lorenzo “Buster” Woods,
pled guilty to one count of assault, a Class A misdemeanor,
and received a sentence of eleven months and twenty-nine days
suspended upon the service of six months in the local jail.
On appeal, he argues that the trial court erred in denying him
full probation. Following our review, we affirm the judgment
of the trial court, but we remand the case for entry of a corrected
judgment reflecting misdemeanor community corrections supervision
for five months and twenty-nine days.
State of Tennessee v. Shari Brandenburg -
M2007-00667-CCA-R3-CD View
Maury County - Following the stop of her vehicle,
the defendant, Shari Brandenburg, was arrested for driving under
the influence (DUI), a Class A misdemeanor. She pled guilty
and was sentenced to eleven months and twenty-nine days, all
suspended except for forty-eight hours, with the balance to
be served on probation. As a condition of her guilty plea, she
reserved a certified question of law: whether a private citizen
may make an arrest for violation of Tennessee’s speeding
statute. The State argues on appeal that the certified question
is not dispositive of the case, and we agree. Accordingly, we
dismiss the appeal.
State of Tennessee v. James David May -
M2006-02143-CCA-R3-CD View
Bedford County - The defendant, James David May,
pled guilty in the Bedford County Circuit Court to one count of
jail escape, a Class E felony. He was sentenced as a Range II,
multiple offender to three years and six months in the Department
of Correction. On appeal, the defendant challenges the imposition
of incarceration, arguing that it would be more appropriate to
sentence the defendant to community corrections. Following our
review, we affirm the judgment of the trial court.
State vs. Charles Stan Martin -
E2005-02155-CCA-R3-CD View
Sevier County - The defendant, Charles Stan Martin,
was convicted by a Sevier County jury of one count of reckless
homicide, a Class D felony, and received a four-year sentence to
be served on probation. On appeal, the defendant contends that:
(1) the evidence was not sufficient to support his conviction,
(2) the reckless homicide statute is unconstitutional as applied
to him, (3) the trial court erred in admitting evidence of a prior
incident, (4) the trial court erred in failing to instruct the
jury on an alibi defense, and (5) the trial court abused its discretion
in denying him judicial diversion. We affirm the judgment of the
trial court.
Kevin D. Otey vs. Jim Worthington,
Warden -
E2006-02419-CCA-R3-HC View
Morgan County - The Petitioner, Kevin D. Otey,
pled guilty in 1996 in Maury County to arson and was sentenced
to four years confinement. In 1997, the Petitioner pled guilty
to possession of cocaine for resale, felonious evading arrest,
and reckless endangerment and received an effective sentence
of six years. The Petitioner pled guilty in 1999 to another
count of possession of cocaine with intent to sell and was sentenced
to eleven years “concurrent with [his] prior sentence.” The
Petitioner subsequently filed a pro se petition for writ of habeas corpus
and the Morgan County Court granted relief on the basis that the eleven-year
sentence should be calculated as beginning at the imposition of his arson
sentence, which had been imposed three years earlier. The State filed
a timely notice of appeal and raised the following issues: (1) the habeas
court erred by consulting the Tennessee Offender Management Information
System report; (2) the habeas court erred by defining “concurrent” to
award the Petitioner retroactive credit on his eleven-year sentence; and
(3) the habeas court erred by granting relief in an unripe case. After
a thorough review, we reverse the habeas court’s judgment and dismiss
the Petitioner’s
claim for habeas corpus relief.
Jeffery English v. State of Tennessee,
Cherry Lindawood, Warden -
M2007-00738-CCA-R3-HC View
Wayne County - The Petitioner, Jeffery English,
appeals from the trial court’s dismissal of his petition seeking
habeas corpus relief. The State has filed a motion requesting that this
Court affirm the trial court’s dismissal of the petition pursuant
to Rule 20, Rules of the Court of Criminal Appeals. The State’s
motion is granted. The judgment of the trial court is affirmed.
James Earl Kenner v. Ricky J.
Bell, Warden -
M2005-00622-CCA-R3-HC View
Davidson County - Petitioner, James Earl Kenner,
appealed to this Court from the trial court’s summary dismissal
of his petition for habeas corpus relief. We affirmed the dismissal pursuant
to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. James
Earl Kenner v. Ricky J. Bell, Warden, No. M2005-00622-CCA-R3-HC, 2005
WL 2139402 (Tenn. Crim. App. at Nashville, Aug. 31, 2005), perm. to app.
denied (Tenn., Dec. 27, 2005). On appeal by permission to the United States
Supreme Court, the judgment of this Court was vacated and the case was
remanded for further consideration in light of Cunningham v. California,
549 U.S. _____, 127 S. Ct. 856, 166 L. Ed. 2d 856 (2007). See James Earl
Kenner v. Ricky J. Bell, Warden, 127 S. Ct. 1243 (Mem), 167 L. Ed. 2d
60 (2007). Subsequently counsel was appointed to represent Petitioner.
After further briefing by the parties in light of the order of the United
States Supreme Court, we have further considered the case and conclude
that Petitioner’s sentences do not violate the Sixth Amendment to
the United States Constitution. In actuality, the sentences imposed upon
Petitioner, which he attacks in his habeas corpus petition, are based
solely upon the verdict returned by the jury and Petitioner’s
prior convictions. Accordingly, the sentences were imposed in
compliance with the Sixth Amendment, as interpreted in Cunningham
v. California, and the judgment of the trial court is therefore
affirmed.
Dennis Joe Stobaugh v. State of Tennessee -
M2006-01624-CCA-R3-HC View
Davidson County - The petitioner, Dennis Joe
Stobaugh, pro se, appeals the dismissal of his petition for
habeas corpus relief. The petitioner remained free on bond for
more than seventeen years and now claims “credit for time at liberty.” After
careful review, we conclude the petitioner is not entitled to relief and
affirm the trial court’s
dismissal of his petition for habeas corpus relief.
State of Tennessee v. Jerome Mayo -
M2004-03061-CCA-R3-CD View
Montgomery County - This is an appeal as of
right from a conviction on a jury verdict of aggravated robbery,
and an appeal by the State from the sentencing decision. The
Defendant originally received an enhanced sentence of eighteen
years as a Range II, multiple offender, but his sentence was
subsequently reduced to fifteen years by the trial court based
upon Blakely v. Washington, 124 S.Ct. 2531 (2004). On appeal,
the Defendant argues there is insufficient evidence to support
his conviction for aggravated robbery. The State appeals the
modified sentence, arguing the trial court erred in reducing
the Defendant’s sentence. We affirm the judgment of the
trial court as to the conviction, but remand for re-sentencing
in accordance with this opinion.
Sidney Porterfield v. State of Tennessee,
Ricky Bell, Warden -
M2006-02082-CCA-R3-HC View
Davidson County - The petitioner, Sidney Porterfield,
pro se, seeks habeas corpus relief from his 1986 Shelby County
first degree murder conviction and death sentence, alleging
his indictment was void because it was returned by a grand jury
from which women had been systematically excluded as grand jury
forepersons. He now appeals from the Davidson County dismissal
of his petition. The State contends that this court is without
jurisdiction to hear this appeal because the petitioner filed
an untimely notice of appeal and offered no explanation and,
further, that the petition does not meet all the criteria set
forth in Tennessee Code Annotated section 29-21-107. Furthermore,
the State contends that a void indictment does not deprive a
trial court of jurisdiction, that the petitioner’s claim
is not cognizable for habeas corpus relief because proof beyond
the face of the judgment and record is required, and that our
Supreme Court has rejected an identical claim regarding discrimination
in the selection of a grand jury foreperson in State v. Bondurant,
4 S.W.3d 662 (Tenn. 1999). After careful review, we conclude
that the notice of appeal is not jurisdictional and may be waived
in the interest of justice. However, without explanation or
request being filed, the interest of justice weighs against
waiver; therefore, we dismiss this appeal.
State of Tennessee v. Timothy
Orlando Hall -
M2006-01269-CCA-R3-CD View
Sumner County - The defendant, Timothy Orlando
Hall, pled guilty to aggravated assault, a Class C felony and
domestic assault, a Class A misdemeanor. He received a total
effective sentence of four years on probation. Thereafter, the
trial court revoked the defendant’s probation on the basis that
he had violated the terms and conditions of his probation. The defendant
appeals the revocation of his probation, arguing that the trial court
failed to exercise conscientious and intelligent judgment. Following our
review of the record, the parties’ briefs
and the applicable law, we affirm the judgment of the trial
court.
State of Tennessee v. James Cook -
M2006-01247-CCA-R3-HC View
Davidson County - The State appeals the trial
court’s grant of Petitioner James N. Cook’s petition for writ
of habeas corpus, arguing that Petitioner failed to comply with the mandatory
procedural requirements for pursuing habeas corpus relief. Alternatively,
the State contends that Petitioner is not entitled to habeas corpus relief
because Petitioner’s judgment of conviction is not facially void.
After a thorough review of the record, we conclude the judgment is not
void, and reverse the trial court’s judgment granting Petitioner
habeas corpus relief. The Petitioner’s
conviction is reinstated.
State vs. Maurice Emery -
W2006-02300-CCA-R3-CD View
Gibson County - The defendant, Maurice Emery,
appeals from his Gibson County Circuit Court convictions of
possession with intent to sell one-half gram or more of cocaine,
a Class B felony, possession of marijuana, a Class A misdemeanor,
and possession of drug paraphernalia, a Class A misdemeanor.
See T.C.A. §§ 39-17-417, -418, -425. The defendant,
a Range II multiple offender, is serving an effective twelve-year
sentence in the Department of Correction for these convictions.
He claims (1) that the trial court erred in denying his motion
to sever his case from that of his co-defendant, (2) that his
arrest was not supported by probable cause, and (3) that he
was denied the effective assistance of counsel. We hold that
the defendant is not entitled to relief and affirm.
State vs. Sandra Evans - W2006-00167-CCA-R3-CD View
Shelby County - The defendant, Sandra Evans, was
convicted of first degree felony murder in the perpetration of
theft and voluntary manslaughter (a Class C felony). The conviction
for voluntary manslaughter was merged with the felony murder conviction,
and the defendant was sentenced to life imprisonment. On appeal,
the defendant challenges the admissibility of hearsay testimony
under the exceptions for excited utterances, and medical diagnosis
and treatment. The defendant also contends that certain testimony
violated her right to confrontation and that the evidence, as a
whole, was insufficient to support the convictions. Upon review,
we reverse the conviction and remand for a new trial.
State vs. William Murphy -
W2006-02199-CCA-R3-CD View
McNairy County - The defendant, William Joe Murphy,
was convicted by a McNairy County Jury of aggravated assault, a
Class C felony. Subsequently, he was sentenced to five years in
confinement as a Range I offender. On appeal, the defendant presents
two issues for review: (1) whether the evidence was sufficient
to sustain his conviction; and (2) whether the trial court improperly
enhanced his sentence. Upon review of the full record and the applicable
law, we affirm the judgment of the trial court.
State vs. Kevin Rudd - W2005-02814-CCA-R3-CD View
Shelby County - The appellant, Kevin Rudd, was
indicted for the first degree murder of his wife. After a jury
trial, the appellant was found guilty of first degree murder and
sentenced to life in prison. On appeal, the appellant argues: (1)
the trial court improperly admitted propensity evidence in violation
of Tennessee Rule of Evidence 404(b); (2) the trial court improperly
denied a mistrial; and (3) the trial court improperly denied a
motion in limine to exclude testimony that indicated the appellant
engaged in shooting at other people. Because we determine that
the trial court improperly admitted evidence in violation of Tennessee
Rule of Evidence 404(b), we reverse the judgment of the trial court
and remand for a new trial. The remaining issues are without merit.
State vs. Milica Wilson - W2006-00645-CCA-R3-CD View
Shelby County - Appellant, Milica Wilson, was
indicted for one count of attempted especially aggravated robbery.
After a jury trial, Appellant was found guilty of facilitation
of attempted especially aggravated robbery. He was found not
guilty of felony murder and first degree murder. As a result,
Appellant was sentenced on August 13, 2003, to serve eight years
as a Range II, multiple offender in the Department of Correction.
Appellant filed an untimely motion for new trial on September
25, 2003. Subsequently, Appellant filed two amended motions
for new trial. The trial court conducted a hearing on the motions
on February 27, 2006, at the conclusion of which the trial court
denied the motion for new trial. Appellant filed an untimely
notice of appeal. On appeal, Appellant contends: (1) the evidence
was insufficient to support the conviction; (2) the trial court
erred in admitting the testimony of co-defendant Frank Dowdy
as there was no corroboration of the testimony; and (3) the
trial court erred in giving a jury instruction on flight. Because
Appellant filed an untimely motion for new trial, which resulted
in the filing of an untimely notice of appeal, we must dismiss
Appellant’s appeal.
State vs. Billy Kimmes -
W2007-00022-CCA-R3-CD View
Madison County - The defendant was convicted
by a Madison County jury of theft of property valued at $10,000
or more, a Class C felony, and sentenced to five years in prison
as a Range I, standard offender. On appeal, the defendant contends
that the evidence produced at trial was insufficient to support
the jury’s guilty verdict, and he also contends that his sentence
was excessive, both in the length of the sentence and the trial court’s
failure to impose an alternative sentence. After reviewing the record,
we conclude that the evidence produced at trial was sufficient to support
the defendant’s
conviction, and that the sentence imposed by the trial court
was appropriate. Accordingly, we affirm the judgment of the
trial court.
State vs. Derry Lovins -
W2005-01446-CCA-R3-PC View
Dyer County - Following a jury trial, Petitioner
was convicted of second degree murder and sentenced to twenty-three
years in the Department of Correction. On direct appeal, this
Court affirmed his conviction. State v. Derry Lavelle Lovins,
No. W2003-00309-CCA-R3-CD, 2004 WL 224482, at *1 -7 (Tenn. Crim.
App., at Jackson, Feb. 4, 2004), perm. app. denied (Tenn. Mar.
5, 2007). Petitioner then filed a pro se petition for post-conviction
relief. Petitioner was appointed counsel and an evidentiary
hearing was held. The trial court subsequently denied the petition
and a timely notice of appeal was filed. After a review of the
record, this Court determined that Petitioner was entitled to
a delayed appeal to our supreme court pursuant to Rule 11 of
the Tennessee Rules of Appellate Procedure. The remaining post-conviction
proceedings were stayed pending the delayed appeal. On March
5, 2007, the supreme court denied Petitioner’s delayed appeal.
We now address Petitioner’s remaining claims for post-conviction
relief. Petitioner argues that he is entitled to post-conviction relief
because (1) he received ineffective assistance of counsel, (2) his constitutional
rights were violated by the State’s failure to disclose physical
evidence during discovery, (3) he was prejudiced by the trial judge’s
facial expressions, and (4) the jury reached a compromised verdict.
After a thorough review of the record, we affirm the judgment
of the post-conviction court.
State vs. Damario Tabb - W2005-02974-CCA-R3-CD View
Shelby County - A Shelby County jury found
the Appellant, Demario Tabb, guilty of the first degree felony
murder of Floricelda Reynoso Ambrocio; the first degree felony
murder of the unnamed, viable fetus of Floricelda Ambrocio;
and the attempted aggravated robbery of Rodrigo Ramirez. At
the penalty phase of the trial, the jury fixed Tabb’s punishment
at life without the possibility of parole for each murder conviction.
Following a separate sentencing hearing, the trial court sentenced Tabb
to five years imprisonment for his Class C felony conviction for attempted
aggravated robbery and ordered that all sentences be served concurrently.
On appeal, Tabb presents the following issues for our review: (1) whether
his statement to police should have been suppressed because it was obtained
in violation of his constitutional right to counsel; (2) whether the statement
was properly admitted as rebuttal proof; and (3) “whether [the trial]
court erred in its use of curative instructions to [the] jury.” Following
review, we find no error and affirm the judgments of conviction.
State vs. Terrance Patterson -
W2005-01638-CCA-R3-CD View
Shelby County- The Shelby County Grand Jury indicted
Appellant for aggravated arson and vandalism over $10,000.00, but
below $60,000.00. At the conclusion of a jury trial, Appellant
was convicted as charged. The trial court sentenced Appellant to
twenty-five years as a Range I Standard Offender for the aggravated
arson conviction and eight years as a Range II Multiple Offender
for the vandalism conviction. The trial court also ordered these
sentences to be served consecutively. Appellant now appeals these
judgments arguing that: (1) there was insufficient evidence to
support his convictions; (2) evidence of impeachment by prior conviction
was improperly admitted; (3) the trial court improperly allowed
the amendment of the indictment; and that (4) the trial court erred
in enhancing the sentence and in imposing consecutive sentences.
We have thoroughly reviewed the record and affirm the judgments
of the trial court.
State vs. Randall Carver - W2006-01010-CCA-R3-HC View
(Corrected Opinion)
Lake County - Petitioner, Randall Carver,
filed a pro se petition for writ of error coram nobis and/or
habeas corpus relief. The trial court treated the petition
as one for post-conviction and summarily dismissed the petition.
On appeal, this Court affirmed the post-conviction court’s
dismissal of the petition. See Randall Carver v. State, No.
M2002-02891-CCA-R3-CO, 2003 WL 21145572 (Tenn. Crim. App.,
at Nashville, May 16, 2003). Petitioner subsequently filed
a petition for writ of habeas corpus, alleging numerous claims
for relief. The trial court denied the petition without a
hearing, determining that because Petitioner failed to produce
material to the court for consideration and that because
Petitioner was being held by the State of Kentucky on Kentucky
charges all of Petitioner’s issues were moot. Petitioner
appealed. On appeal, this Court, without reaching the merits
of Petitioner’s argument, remanded the case for determination
of “why the counsel who represented the petitioner
in the lower court is not representing the petitioner on
appeal.” See Randall Carver v. Tony Parker, Warden,
No. W2005-00522-CCA-R3-HC, 2006 WL 140408, at *2 (Tenn. Crim.
App., at Jackson, Jan. 18, 2006). On remand, the trial court
learned that Petitioner had been granted parole on his underlying
sentences in the State of Tennessee, waived extradition and
was transferred to the custody of the State of Kentucky.
Subsequently, the trial court entered an order denying the
petition for writ of habeas corpus. Petitioner filed a timely
notice of appeal. He argues that he is entitled to request
habeas corpus relief while being incarcerated in Kentucky
and that this Court should transfer the petition to the court
in which he was originally convicted. Because an out-of-state
resident may seek habeas corpus relief in Tennessee from
a Tennessee conviction, see State v. Church, 987 S.W.2d 855,
857-58 (Tenn. Crim. App. 1998), and the supreme court recently
determined in Joseph Faulkner a/k/a Jerry Faulkner v. State,
___ S.W.3d ___, 2007 WL 1226831, at *6 (Tenn. Apr. 27, 2007),
that a “prisoner serving concurrent state and federal
sentences in a federal correctional institution may challenge
his state convictions through the use of the state writ of
habeas corpus,” we determine that the trial court did
not lose jurisdiction to make a determination on the merits
of Petitioner’s claim by virtue of Petitioner’s
parole from his Tennessee convictions and incarceration in Kentucky. Therefore,
we reverse and remand the judgment of the trial court for further proceedings
consistent with this opinion.
State vs. Hector J. Jauregui -
E2006-00868-CCA-R3-CD View
Bradley County - The defendant, Hector J. Jauregui, was
convicted by a Bradley County jury of criminally negligent homicide, aggravated
robbery and aggravated criminal trespass. The trial court sentenced the
defendant as a Range I, standard offender to two years for the criminally
negligent homicide conviction, ten years for the aggravated robbery conviction
and eleven months, twenty-nine days for the aggravated criminal trespass
conviction. The trial court further ordered the aggravated robbery conviction
to be served consecutively to the remaining concurrent sentences, for
a total effective sentence of twelve years. The defendant now challenges
the sufficiency of the evidence to support his convictions for criminally
negligent homicide and aggravated robbery. Additionally, he challenges
the trial court’s denial of his motion to sever the offenses in
this case. Following our review, we find no merit to the defendant’s
challenges on appeal. However, we conclude that the judgments do not properly
reflect the jury’s verdict and the trial court’s
sentences. Therefore, we affirm the convictions and remand the case for
correction of the judgments.
Cases posted the week of 09/10/2007
State vs. John Stephen Steele -
E2006-00039-CCA-R3-CD View
Washington County - The appellant, John Stephen Steele,
was found guilty by a jury in the Washington County Criminal Court of
second degree murder, and the trial court sentenced him to twenty years
incarceration in the Tennessee Department of Correction. On appeal, the
appellant contends that the jury erred in rejecting his defense of insanity.
Upon review of the record and the parties’ briefs, we affirm the
judgment of the trial court.
State vs. Cornell Poe - W2006-01202-CCA-R3-PC View
Madison County - The Petitioner, Cornell Poe, proceeding
pro se, appeals the Madison County Circuit Court’s denial of his
petition for post-conviction relief. In February 2006, the Petitioner
filed a petition for post-conviction relief collaterally attacking his
convictions for aggravated burglary and Class D felony theft. The post-conviction
court appointed counsel, and counsel filed an amended petition. Following
an evidentiary hearing, the post-conviction court denied relief. Because
the record before this court fails to indicate that the Petitioner’s
court-appointed counsel was allowed to withdraw or that the Petitioner
has waived his right to counsel on appeal, the judgment of the post-conviction
court is vacated, and this case is remanded to the post-conviction court
for reinstatement of the order denying post-conviction relief. Appointed
counsel shall continue in her representation of the Petitioner on appeal,
and the case shall proceed in accordance with the Tennessee Rules of Appellate
Procedure.
State vs. Randall Carver - W2006-01010-CCA-R3-HC View
Lake County - Petitioner, Randall Carver, filed a pro
se petition for writ of error coram nobis and/or habeas corpus relief.
The trial court treated the petition as one for post-conviction and summarily
dismissed the petition. On appeal, this Court affirmed the post-conviction
court’s dismissal of the petition. See Randall Carver v. State,
No. M2002-02891-CCA-R3-CO, 2003 WL 21145572 (Tenn. Crim. App., at Nashville,
May 16, 2003). Petitioner subsequently filed a petition for writ of habeas
corpus, alleging numerous claims for relief. The trial court denied the
petition without a hearing, determining that because Petitioner failed
to produce material to the court for consideration and that because Petitioner
was being held by ths State of Kentucky on Kentucky charges all of Petitioner’s
issues were moot. Petitioner appealed. On appeal, this Court, without
reaching the merits of Petitioner’s argument, remanded the case
for determination of “why the counsel who represented the petitioner
in the lower court is not representing the petitioner on appeal.” See
Randall Carver v. Tony Parker, Warden, No. W2005-00522-CCA-R3-HC, 2006
WL 140408, at *2 (Tenn. Crim. App., at Jackson, Jan. 18, 2006). On remand,
the trial court learned that Petitioner had been granted parole on his
underlying sentences in the State of Tennessee, waived extradition and
was transferred to the custody of the State of Kentucky. Subsequently,
the trial court entered an order denying the petition for writ of habeas
corpus. Petitioner filed a timely notice of appeal. He argues that he
is entitled to request habeas corpus relief while being incarcerated in
Kentucky and that this Court should transfer the petition to the court
in which he was originally convicted. Because an out-of-state resident
may seek habeas corpus relief in Tennessee from a Tennessee conviction,
see State v. Church, 987 S.W.2d 855, 857-58 (Tenn. Crim. App. 1998), and
the supreme court recently determined in Joseph Faulkner a/k/a Jerry Faulkner
v. State, ___ S.W.3d ___, 2007 WL 1226831, at *6 (Tenn. Apr. 27, 2007),
that a “prisoner serving concurrent state and federal sentences
in a federal correctional institution may challenge his state convictions
through the use of the state writ of habeas corpus,” we determine
that the trial court did not lose jurisdiction to make a determination
on the merits of Petitioner’s claim by virtue of Petitioner’s
parole from his Tennessee convictions and incarceration in Kentucky. Therefore,
we reverse and remand the judgment of the trial court for further proceedings
consistent with this opinion.
State vs. Robert Austin - W2005-01963-CCA-R3-CD View
Shelby County - A Shelby County jury found the Appellant,
Robert Austin, guilty of two counts of first degree premeditated murder
and one count of criminal attempt to commit first degree premeditated
murder. Following the penalty phase of the trial, the jury sentenced Austin
to two terms of life imprisonment without parole. At a subsequent sentencing
hearing, the trial court sentenced Austin to forty years, as a Range II
offender, for the attempted first degree murder and ordered that all of
his sentences run consecutively. On appeal, Austin presents the following
issues: (1) whether the trial court erred in disallowing expert testimony
regarding Austin’s capacity to form the requisite intent for intentional
or knowing offenses; (2) whether the evidence is sufficient to support
the convictions; and (3) whether the trial court erred in ordering consecutive
sentencing. With regard to issue (1), we conclude that the trial court
erred in excluding expert testimony; however, the error was harmless.
The remaining issues are without merit. Accordingly, the judgments of
conviction and the imposition of consecutive sentences are affirmed.
State vs. Jimmy Hoyle - W2007-00105-CCA-R3-PC View
Hardeman County - The Petitioner, Jimmie Lee Hoyle, appeals
the summary dismissal of his petition for post-conviction relief, arguing
that it was error for the post-conviction court to deny relief without
holding an evidentiary hearing, allowing him to amend his petition, or
appointing counsel. Following our review, we conclude that the Petitioner
stated a colorable claim in his petition. Accordingly, we reverse the
post-conviction court’s order of dismissal and remand for further
proceedings.
State of Tennessee v. John Jennings -
M2006-02055-CCA-R3-CD View
Davidson County - The appellant, John Harvey Jennings,
pled guilty in the Davidson County Criminal Court to two counts of rape,
and he received a sentence of eight years incarceration in the Tennessee
Department of Correction. Subsequently, he filed a motion for suspension
of sentence, which motion was denied. On appeal, the appellant challenges
the trial court’s denial of his motion for suspension of sentence.
Upon our review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
State of Tennessee v. Ricky E. Scoville -
M2006-01684-CCA-R3-CD View
Marshall County - The Appellant, Ricky E. Scoville, appeals
his misdemeanor convictions by a Marshall County jury for the crimes of
aggravated criminal trespass and criminal littering. On appeal, Scoville
raises two issues for our review: (1) whether evidence of prior acts by
Scoville was improperly admitted at trial; and (2) whether the evidence
presented at trial was legally sufficient to support the convictions.
Following a review of the record, we conclude that Scoville’s first
issue is waived, as it was not raised in the motion for new trial. We
further conclude that the evidence presented at trial was more than sufficient
to support the convictions. Accordingly, the judgments of conviction are
affirmed.
State vs. Grady W. Lewis - E2006-02149-CCA-R3-CD View
Sullivan County - The defendant, Grady Wayne Lewis, appeals
the trial court’s denial of alternative sentencing stemming from
his guilty plea to one count of possession of drug paraphernalia and one
count of violation of the open container law. After review, we affirm
the judgments from the trial court.
State vs. Gamal Edham - W2007-00151-CCA-R3-CD View
Shelby County - The Defendant, Gamal Edham, appeals the
trial court’s order denying his motion to withdraw his guilty plea
to one count of selling beer to a minor, arguing that because of his limited
ability to understand English, his guilty plea was not knowingly and voluntarily
entered. Following our review, we affirm the judgment of the trial court.
State vs. Anthony McKinnis - W2006-00996-CCA-R3-CD View
Lauderdale County - The defendant, Anthony McKinnis,
was convicted of the unlawful possession of a controlled substance (marijuana)
with the intent to deliver (Class E felony), violation of the open container
law (Class C misdemeanor), and the unlawful possession of a weapon (Class
C misdemeanor), to wit: a .38 caliber revolver. He was sentenced to two
years of incarceration, with all but 120 days suspended, for the felony
conviction and was assessed a fine of $2500. Additionally, after completion
of his incarceration, the defendant was placed on Community Corrections
for one year and, if successful, the remainder would be served on probation.
On appeal, he contends that the evidence was insufficient to support his
convictions, that the trial court erred in overruling his objection to
questioning regarding his employer’s prior drug convictions, and
that the court erred in sentencing. After review, we conclude that no
error exists, and we affirm the judgments of the trial court.
State vs. Roy Williams - W2006-02128-CCA-R3-PC View
Shelby County - The Petitioner, Roy R. Williams, appeals
the post-conviction court’s order dismissing his petition for post-conviction
relief. The Petitioner argues that his conviction for murder during the
perpetration of a felony should be set aside because his trial attorneys
failed to properly investigate a possible insanity defense and because
they coerced him to plead guilty by making him fearful of receiving the
death penalty. Following our review, we affirm the post-conviction court’s
order of dismissal.
Cases posted the week of 09/03/2007
Martin E. Walker vs. Howard Carlton,
Warden -
E2006-01584-CCA-R3-HC View
Johnson County - The petitioner appeals from the Johnson
County Criminal Court’s denying him habeas corpus relief from his
1986 second degree murder conviction and resulting sentence of not less
than nor more than twenty-five years. The petitioner essentially contends
that the trial court was without jurisdiction (1) to accept his plea and
to sentence him without counsel present, (2) to sentence him without designating
a release eligibility percentage, and (3) to sentence him under Class
X sentencing which had been abolished prior to the sentencing. We affirm
the judgment of the trial court.
State vs. Kimberly E. Cunningham -
E2006-00189-CCA-R3-CD View
Blount County - The State of Tennessee tried the defendant,
Kimberly E. Cunningham, for the second degree murder of the victim, Coy
Hundley, see T.C.A. § 39-13-210 (2006), who was cohabiting with the
defendant’s sister and fathered the sister’s children. A
Knox County Criminal Court jury convicted the defendant of voluntary manslaughter.
See id. § 39-13-211.
The defendant killed the victim because he allegedly raped her youngest
daughter. The trial court sentenced the defendant to four years in the
Department of Correction. On appeal, the defendant claims that (1) the
evidence is insufficient to support the conviction of voluntary manslaughter;
(2) the trial court erred in denying the defendant judicial diversion;
(3) the sentence of four years was too lengthy; (4) the trial court erred
in denying probation; and (5) the trial court erred in denying other alternative
sentencing. We hold that the evidence is sufficient, and we hold that
the trial court neither erred in denying judicial diversion nor erred
in denying full probation. However, upon our de novo review of the rehabilitation
factor relating to alternative sentencing, we sentence the defendant to
serve six months in confinement and the remaining three years and six
months on supervised probation. In addition, she must perform 120 hours
of community service as a condition of her post-confinement probation.
Floyd "Butch" Webb vs. State -
E2006-02352-CCA-R3-PC View
Rhea County - The Petitioner, Floyd “Butch” Webb,
appeals the denial of his petition for post-conviction relief claiming
he did not receive the effective assistance of counsel. After a thorough
review of the record and applicable law, we conclude the Petitioner was
denied the effective assistance of counsel in three of his four misdemeanor
child abuse convictions (Counts 1, 3, and 4). We also conclude that the
Petitioner received the effective assistance of counsel in his convictions
for child abuse (Count 2), aggravated sexual battery (Count 7), and two
counts of sexual battery (Counts 9 and 11). Accordingly, we affirm in
part and reverse in part the post-conviction court’s judgment, and
we dismiss the Petitioner’s
convictions in Counts 1, 3, and 4.
State vs. Robert Barnes - W2006-00578-CCA-R3-PC View
Lauderdale County - Following a jury trial,
the petitioner, Robert S. Barnes, was convicted of reckless
endangerment, attempted rape, robbery, aggravated burglary,
and assault. For his convictions, the petitioner was sentenced
as a career offender to an effective sentence of forty-five
years for the felony convictions, plus consecutive sentences
of eleven months and twenty-nine days for each of the two misdemeanor
convictions. On direct appeal, this court affirmed the judgments
of the trial court. State v. Robert Sanford Barnes, No. W2003-02967-CCA-R3-CD,
2005 WL 331376 (Tenn. Crim. App., at Jackson, Feb. 11,
2005). The petitioner filed a timely petition for post-conviction
relief which the post-conviction court subsequently denied
after an evidentiary hearing. The petitioner now appeals.
In this appeal, the petitioner contends that his trial
counsel was ineffective. Following a thorough review of
the record and the applicable law, we affirm the judgment
of the post-conviction court.
State vs. Rhonda Wilkins -
W2006-02763-CCA-R3-CD View
Shelby County - The appellant, Rhonda
Wilkins, pled guilty in the Shelby County Criminal Court
to one count of aggravated assault and received a sentence
of three years. The appellant requested that the trial
court grant her judicial diversion, and the trial court
denied the request. However, the appellant’s sentence
was suspended, and she was placed on probation. On appeal, the appellant
challenges the denial of judicial diversion. Upon our review of the record
and the parties’ briefs,
we affirm the judgment of the trial court.
State vs. Margie Frances Hamby -
E2006-01484-CCA-R3-CD View
A Blount County jury convicted the defendant,
Margie Frances Hamby, of attempted theft of property valued
under $500, and the trial court sentenced her to six months,
with thirty days in jail and the balance to be served on
supervised probation. On appeal, the defendant contends
that the trial court erred in not granting her full probation.
We affirm the judgment of the trial court.
Larry Arnell Adams vs. State -
E2006-02409-CCA-R3-PC View
Knox County - The petitioner, Larry Arnell
Adams, was convicted of multiple offenses and received an
effective sentence of thirty-seven years in the Tennessee
Department of Correction. This court affirmed the petitioner’s sentence
on direct appeal. State v. Larry Arnell Adams, No. E2002-03046-CCA-R3-CD,
2004 WL 1467436 (Tenn. Crim. App. June 30, 2004). In November 2005, the
petitioner filed a petition for post-conviction relief, alleging ineffective
assistance of counsel based primarily on failure to call witnesses identified
by the petitioner. Counsel was appointed, a hearing was held in Knox County
Criminal Court, and the trial court denied relief. The petitioner appeals
the trial court’s
ruling. After reviewing the record, we affirm the judgment
of the trial court.
State vs. William Joshua
Harwood -
E2006-01483-CCA-R3-CD View
Hamilton County - The defendant, William
Joshua Harwood, appeals as of right from his Hamilton County
Criminal Court convictions for attempt to manufacture methamphetamine
and two counts of theft of property valued at over one thousand
dollars. On appeal, he argues that the evidence is insufficient
to support his convictions because they are based upon the
uncorroborated testimony of an accomplice. The state concedes
in its brief that the convictions should be reversed and dismissed
for this reason. Following our review, we agree. Accordingly,
the convictions are reversed and dismissed.
State vs. Terrance Burke -
W2006-02131-CCA-R3-PC View
Shelby County - The Appellant, Terrance
Burke, appeals the judgment of the Shelby County Criminal
Court denying his petition for post-conviction relief.
On appeal, Burke argues that he was denied his Sixth
Amendment right to the effective assistance of counsel.
After a review of the record, we affirm the denial of
post-conviction relief.
State vs. Sherman Clark -
W2006-02594-CCA-R3-HC View
Shelby County - The Petitioner, Sherman
Clark, appeals the trial court's denial of his petition
for habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court's
denial of relief pursuant to Rule 20, Rules of the Court
of Criminal Appeals. The Petitioner fails to assert
a cognizable claim for which habeas corpus relief may
be granted. Accordingly, the State's motion is granted
and the judgment of the trial court is affirmed.
State vs. Allen Oliver -
W2007-00518-CCA-R3-HC View
Lauderdale County - The Petitioner, Allen
Oliver, appeals the lower court's denial of his petition
for habeas corpus relief. The State has filed a motion
requesting that this Court affirm the trial court pursuant
to Rule 20, Rules of the Court of Criminal Appeals. The
Petitioner has failed to assert a ground that would entitle
him to habeas corpus relief. Accordingly, we affirm the
trial court's dismissal.
Cases posted the week of 08/27/2007
Neil Lincoln Miller vs.
Howard Carlton, Warden -
E2006-02348-CCA-R3-HC View
Johnson County - The petitioner, Neil Lincoln
Miller, appeals the summary dismissal of his petition for
habeas corpus relief. He contends that his sentence is illegal.
Because the record and law establish that the petitioner is
not entitled to habeas corpus relief, we affirm the judgment
of the trial court.
State vs. Daniel Ray Clayton -
E2006-01274-CCA-R3-CD View
Blount County - The defendant, Daniel Ray
Clayton, pleaded guilty to theft of property over $1,000 but
less than $10,000, see T.C.A. §§ 39-14-103, -14-105(3) (2006),
a class D felony and aggravated robbery, see id. § 39-13-402,
a class B felony. According to the plea agreement, the sentences
were to run concurrently, but the length and manner of service
were to be determined by the trial court. The trial court
held an evidentiary hearing on June 7, 2006, and sentenced
the defendant to two years for the theft conviction and nine
years for the aggravated robbery conviction for an effective
nine-year sentence to be served in confinement. On appeal,
the defendant argues that the trial court erred in failing
to consider certain mitigating factors and claims that his
sentence should be reduced to eight years. We disagree and
affirm the judgment of the trial court.
State vs. Nathaniel Starr -
E2006-01922-CCA-R3-CD View
Knox County - The defendant, Nathaniel Starr,
appeals as of right his bench trial conviction for aggravated
robbery, a Class B felony, for which he received a sentence
of twenty-five years as a Range III, persistent offender.
On appeal, he alleges that the evidence is insufficient to
support his conviction for aggravated robbery and that the
trial court erred in finding him to be a persistent offender.
Following our review, we affirm the judgment of the trial
court.
David Wayne Dunn vs. Howard Carlton,
Warden -
E2007-00355-CCA-R3-HC View
Johnson County - The pro se petitioner, David
Wayne Dunn, appeals from the Johnson County Criminal Court’s
summary dismissal of his petition for a writ of habeas corpus
attacking his 1985 first degree murder conviction. He alleges
that he is entitled to relief because the indictment is duplicitous
and the judgment represents an illegal general verdict. Following
our review, we affirm the judgment of the trial court.
State vs. Barbara Watson -
E2006-02275-CCA-R3-CD View
Morgan County - The defendant, Barbara Watson,
appeals as of right her conviction for theft of property valued
at over one thousand dollars, a Class D felony, resulting
from her bench trial in the Morgan County Criminal Court.
On appeal, she asserts that there was insufficient proof of
the value of property stolen and, absent such proof, the conviction
should be for theft of property valued under five hundred
dollars, a misdemeanor. She also argues that the trial court’s
restitution order of $3, 926.11 is not supported by the evidence.
Following our review, we affirm the judgment of the trial
court.
State vs. Fred Eugene Thompson, Jr. -
M2006-00292-CCA-R3-CD View
Davidson County - A Davidson County jury
convicted the Defendant of first degree felony murder and
theft of property valued over $1000. He was sentenced to life
in prison for the first degree murder conviction and to five
years for the theft conviction, and the trial court ordered
the sentences to run concurrently. On appeal, the Defendant
contends that: (1) the trial court erred when it denied his
motion for a judgment of acquittal at the close of the State’s
proof; (2) the evidence is insufficient to sustain his convictions;
and (3) the trial court failed to perform its role as a thirteenth
juror. We affirm the judgments of the trial court.
Matthew Jackson vs. State -
M2007-00385-CCA-R3-PC View
Davidson County - This matter is before the
Court upon the State’s motion to dismiss or in the alternative to
affirm the judgment of the trial court by memorandum opinion pursuant
to Rule 20, Rules of the Court of Criminal Appeals. Petitioner has appealed
the trial court’s order dismissing his petition for post-conviction
relief in which Petitioner alleged that his guilty plea was based on a
coerced confession, he was denied the right to counsel, he was denied
the right to speedy trial, evidence was obtained unconstitutionally, and
the trial court made factual conclusions that were not supported by the
record. Upon a review of the record in this case, we are persuaded that
the trial court was correct in summarily dismissing the petition for post-conviction
relief and that this case meets the criteria for affirmance pursuant to
Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s
motion is granted, and the judgment of the trial court is
affirmed.
State vs. Eric James Osborne -
M2006-00888-CCA-R3-CD View
Davidson County - Following a jury trial,
Defendant, Eric James Osborne, was found guilty of seven
counts of rape of a child, a Class A felony, and five
counts of aggravated sexual battery, a Class B felony.
The trial court declared a mistrial on two counts of rape
of a child and one count of aggravated sexual battery
because the jury was unable to reach a verdict on these
charges. The trial court conducted a sentencing hearing
after which it sentenced Defendant to twenty-five years
for each rape of a child conviction and eleven years for
each aggravated sexual battery conviction. The trial court
ordered Defendant to serve a combination of consecutive
and concurrent sentences for an effective sentence of
one hundred and seventy-two years. On appeal, Defendant
argues that (1) the trial court erred in denying Defendant’s motion
to sever the offenses involving different victims; (2) the trial court
erred in denying Defendant’s motion for a mistrial; (3) the evidence
is insufficient to support Defendant’s convictions in counts 14
and 15 of the superseding indictment; (4) the trial court erred in allowing
testimony concerning prior bad acts; (5) the trial court erred in ruling
that Defendant’s prior conviction of child abuse would be admissible
for impeachment purposes; and (6) that the trial court erred in determining
the length and manner of service of Defendant’s
sentences. After a thorough review, we affirm the judgments
of the trial court.
State vs. Jack N. Taylor -
E2006-02719-CCA-R3-CD View
Loudon County - The defendant, Jack N. Taylor,
was convicted of robbery, a Class C felony, and sentenced
to three years in the community corrections program. On appeal,
he argues that the evidence was insufficient to support his
conviction. Following our review, we affirm the judgment of
the trial court.
Laraiel Winton vs. State -
E2006-02392-CCA-R3-PC View
Knox County - The petitioner, Laraiel Winton,
pro se, appeals the Knox County Criminal Court’s denial of his petition
for post-conviction relief which alleged that he was denied the effective
assistance of counsel on direct appeal. On appeal, he alleges that the
trial court erred in denying him relief and that the trial court failed
to make sufficient findings of fact in its order denying relief. Following
our review, we agree that the trial court failed to make sufficient findings
of fact and further conclude that the trial court’s erroneous restriction
of the presentation of evidence resulted in a denial of the petitioner’s
right to a full and fair hearing regarding the allegation
of ineffective assistance of appellate counsel. Therefore,
the judgment of the trial court is reversed and the case is
remanded for further proceedings consistent with this opinion.
State vs. Marty Clark -
W2006-01343-CCA-R3-CD View
Madison County - The defendant, Marty
Michelle Clark, was convicted of attempted aggravated
burglary, a Class D felony, and was sentenced by the trial
court as a Range II offender to six years in confinement.
The defendant appeals his conviction, arguing that the
trial court lacked sufficient evidence to sustain his
conviction. Upon review of the full record and the applicable
law, we affirm the judgment of the trial court.
State vs. Scott Magness -
W2006-01608-CA-R3-CD View
Hardin County - The defendant, Scott
Christopher Magness, appeals as of right from the sentence
of confinement imposed by the Hardin County Circuit Court
for his conviction of attempted aggravated sexual battery,
a Class C felony. As a Range I, standard offender, the
defendant received a sentence of six years in the Tennessee
Department of Correction. On appeal, the defendant contends
that the trial court erred by denying alternative sentencing.
We affirm the trial court.
James A. Dellinger vs. State -
E2005-01485-CCA-R3-PD View
Blount County - The petitioner, James A.
Dellinger, appeals as of right from the order of the Blount
County Circuit Court denying his petition for post-conviction
relief from his 1992 conviction for first degree murder and
resulting death sentence. The petitioner claims that (1) this
court should review the trial court’s opinion in its entirety under
a purely de novo standard of review; (2) an incorrect and unconstitutional
burden of proof has been applied to the petitioner’s claims of ineffective
assistance of counsel; (3) his conviction and death sentence violate his
rights to due process because he is actually innocent of the conviction
offense; (4) the state withheld exculpatory information at the trial;
(5) counsel provided ineffective assistance to him at trial and on appeal;(6)
the petitioner was not afforded a full and fair hearing of his post-conviction
petition in violation of his due process rights; (7) the death sentence
is unconstitutional because it infringes upon the petitioner’s fundamental
right to life; (8) the aggravating factor used in support of the death
sentence was not included in the indictment and returned by the grand
jury; (9) Tennessee’s death sentence is unconstitutional because
prosecutors are given absolute discretion to pursue or to forego the pursuit
of the death sentence in each case; (10) execution by lethal injection
violates the principles against cruel and unusual punishment; (11) the
petitioner’s conviction and death sentence are in violation of international
law; and (12) Tennessee’s
death penalty scheme is unconstitutional. We conclude that
no error exists, and we affirm the judgment of the trial court.
State vs. Roger Gene Davis -
E2006-02045-CCA-R3-CD View
Knox County - A Knox County jury convicted
the Defendant of aggravated assault, one count of theft, Class
D felony theft, and misdemeanor vandalism, and the trial court
sentenced him to an effective sentence of thirteen years.
On appeal, the Defendant contends that: (1) the evidence is
insufficient to sustain his convictions for aggravated assault
and theft; (2) the trial court improperly allowed testimony
that the Defendant had kidnapped the victim the night before
this incident; and (3) the trial court improperly imposed
consecutive sentences. Finding that there exists no error,
we affirm the judgments of the trial court.
State vs. Michael Wayne Poe -
E2006-02551-CCA-R3-CD View
Hamilton County - The Defendant, Michael
Wayne Poe, appeals from the trial court’s determination that he
violated the terms of his probation by abusing and killing his infant
son. Because substantial evidence supports the trial court’s
judgment, we affirm.
State vs. David Harold Hanson -
E2006-00883-CCA-R3-CD View
Alternate View, both Concurring
and Dissenting - View
Anderson County - The defendant, David Harold
Hanson, was convicted of aggravated child abuse a Class A
felony, and received a sentence of eighteen years imprisonment.
On appeal, the defendant raises the following issues: (1)
whether the evidence was sufficient to sustain his conviction;
(2) whether the trial court erred in refusing to instruct
the jury on the definition of “accidental means” as submitted
by the defendant; (3) whether the trial court improperly instructed the
jury on the “knowing” element of aggravated child abuse; and
(4) whether the trial court erred by giving sequential jury instructions.
Following our review of the record, the parties’ briefs
and the applicable law, we conclude that the evidence was
insufficient to prove that the defendant possessed the requisite
mental state for aggravated child abuse; and therefore, we
reverse the judgment of the trial court and dismiss the case.
State vs. Jarvis Harris -
W2006-02234-CCA-R3-CD View
Shelby County - The defendant, Jarvis Harris,
was convicted of first degree premeditated murder and attempted
first degree murder and sentenced to concurrent terms of life
imprisonment and eighteen years. On appeal, he argues: (1)
the trial court erred in denying his motion in limine to exclude
references to gang affiliation and the State made improper
comments about gang membership during opening and closing
statements; (2) the trial court erred in denying his motion
to suppress his statements; and (3) the trial court imposed
an excessive sentence. Based on our review, we affirm the
judgments of conviction but remand for appropriate resentencing
for the attempted first degree murder conviction.
Cases posted the week of 08/20/2007
Michael H. Cammon vs. State -
M2006-01823-CCA-R3-PC View
Rutherford County - The petitioner, Michael
H. Cammon, appeals the post-conviction court’s denial
of relief. He contends that he received ineffective assistance
from both trial and appellate counsel. He further contends
that the rulings of the post-conviction court were not timely
and violated the Post-Conviction Procedure Act because the
court did not issue written findings of fact and conclusions
of law. After review, we affirm the judgment from the post-conviction
court.
State vs. Lachanta Monique
Tyler -M2006-00878-CCA-R3-CD View
Davidson County - The defendant, Lachanta
Monique Tyler, was convicted by a Davidson County jury of
aggravated assault, a Class C felony, and theft of property
involving merchandise valued at $500 or less, a Class A misdemeanor.
See T.C.A. §§ 39-13-102; 39-14-103; 39-14-105; 39-14-146. She
was sentenced to three years for the aggravated assault conviction and
eleven months and twenty-nine days for the theft conviction, with the
sentences imposed concurrently and to be served on probation. The defendant
appeals, claiming (1) that the evidence was insufficient to support her
conviction of aggravated assault, (2) that the trial court erred in denying
her motion for judgment of acquittal on aggravated assault, (3) that the
trial court erred in failing to sever these offenses from two other offenses
of which she was acquitted, (4) that the court erred by admitting prior
bad act evidence of a prior shoplifting incident. Upon review, we affirm
the defendant’s
theft conviction, modify the aggravated assault conviction
to assault, and remand the case for imposition of judgment
on the assault conviction including a sentence of eleven months
and twenty-nine days to be served on probation and concurrently
with the theft sentence.
State vs. Bradley Ferrell -
M2005-02552-CCA-R3-CD View
Dissenting Opinion - View
Van Buren County - The defendant, Bradley
Ferrell, was convicted by a Van Buren County jury of escape,
a Class A misdemeanor, and was sentenced by the trial
court to eleven months, twenty-nine days, suspended after
service of sixty days in the county jail. On appeal, he
argues that the trial court erred in finding him competent
to stand trial, in not permitting his expert witness to
testify about his incapacity to form the requisite intent
for the crime, in refusing his request for a special jury
instruction on diminished capacity, and in overruling
his motion for a new trial. Following our review, we affirm
the judgment of the trial court.
Gene S. Rucker vs. State -
E2007-00380-CCA-R3-PC View
Hamilton County - The petitioner, Gene
S. Rucker, appeals the Hamilton County Criminal Court’s summary
dismissal of his petition for post-conviction relief. Relying upon Tennessee
Court of Criminal Appeals Rule 20, the State has moved this court to summarily
affirm the criminal court’s order. Because the record before us
indicates that the post-conviction petition was filed outside the statute
of limitations, we grant the motion and affirm the criminal court’s
order.
State vs. William Graham -
W2006-00173-CCA-R3-CD View
Madison County - The defendant, William
Phillip Graham, was convicted of aggravated rape, a Class
A felony, at a jury trial in the Madison County Circuit
Court. He is presently serving a twenty-year sentence
as a Violent Offender in the Department of Correction.
In this appeal, he argues 1) that the evidence is insufficient
to support his conviction; 2) that the trial court erred
in denying his petition to compel attendance of an out-of-state
witness; 3) that the trial court made erroneous rulings
during the trial relative to the scope of redirect examination
of a state’s witness; 4) that the court erred in denying his request
to make an offer of proof after an adverse evidentiary ruling; 5) that
the court erred in allowing the state to recall the victim during its
case-in-chief; and 6) that the trial court erred in denying the defendant’s
requests for curative instructions relative to two aspects of the prosecutor’s
closing argument. We conclude that no reversible error
occurred, and we affirm the judgment of the trial court.
State vs. Constanica Reyes -
W2006-02232-CCA-R3-PC View
Shelby County - The petitioner, Constancia
Reyes, pled guilty in the Shelby County Criminal Court
to possession of three hundred grams or more of cocaine
with intent to sell and agreed to a fifteen-year sentence
as a Range I, standard offender. Subsequently, she filed
a petition for post-conviction relief, claiming that she
received the ineffective assistance of counsel because
her trial attorney failed to file a motion to suppress
the evidence seized as a result of her traffic stop and
that she was coerced into pleading guilty. The post-conviction
court denied the petition for post-conviction relief,
and the petitioner appeals. Upon review of the record
and the parties’ briefs, we affirm the judgment
of the post-conviction court.
State vs. John Payne Russell -
E2006-01611-CCA-R3-CD View
Blount County -The defendant, John Payne
Russell, pleaded guilty in Blount County Circuit Court
to aggravated assault, see T.C.A. § 39-13-102 (2006), and aggravated
burglary, see id. § 39-14-403, on September 8, 2003. He received
a three-year, suspended sentence for each count to run concurrently, and
as a condition of his plea agreement, he was to complete the Steps program.
On October 31, 2003, a violation of probation warrant was filed because
the defendant was arrested for public intoxication, see id. § 39-17-310,
and he failed to complete the Steps program. The court ordered the defendant
to serve 90 days in jail and then to return to probation. After serving
jail time, the defendant enrolled in and completed an eight-month in-patient
drug treatment program, House of Hope in Indiana. He then returned to
supervised probation, and another probation violation warrant was filed
July 18, 2006 and alleged that the defendant had used illegal drugs, missed
appointments, and failed to pay probation fees and court costs. After
an evidentiary hearing on July 31, 2006, the trial court revoked the defendant’s
probation and ordered him to serve his sentence in confinement. The defendant
appeals the revocation, and we affirm the trial court’s
order.
State vs. Drexsel Green -
M2006-01296-CCA-R3-CD View
Davidson County - The defendant, Drexsel
Green, appeals his Davidson County Criminal Court conviction
of first-offense driving under the influence (DUI), a Class
A misdemeanor. See T.C.A. §§ 55-10-401(a)(1), -403(a)(1) (
2004). After the trial court denied the defendant’s motion to suppress
evidence acquired after the police had detained him, the defendant pleaded
guilty in the trial court but reserved, via certified questions of law,
the search and seizure issue for appeal. The focus of the Fourth-Amendment
problem in this case is the legitimacy of a police officer’s approach
and initial questioning of the defendant at the serving counter in a Waffle
House restaurant. Although the certified questions are properly reserved,
the record supports the trial court’s denial of the defendant’s
motion to suppress evidence, and we affirm the criminal court’s
judgment.
State vs. Terna Hatten -
E2006-01923-CCA-R3-CD View
Hamilton County - The defendant, Terna
Hatten, appeals the five-year sentence he received after
pleading guilty to aggravated assault, a Class C felony.
He argues that the length of the imposed sentence was too
long and that the trial court erred in enhancing his sentence
beyond the minimum of three years. After review, we affirm
the judgment from the trial court.
State vs. Jerry W. Tullos -
E2006-01833-CCA-R3-CD View
Bledsoe County - The defendant, Jerry W.
Tullos, was convicted by a Bledsoe County jury of aggravated
assault, a Class C felony, and was sentenced to four years
imprisonment as a Range I offender. On appeal, he argues that:
the prosecutor’s closing argument was improper, the trial court
erred in not giving the jury a charge on intoxication, the evidence was
insufficient to support his conviction, and the trial court erred in sentencing
him to four years in confinement. Upon our review of the record and the
parties’ briefs,
we affirm the judgment of the trial court.
State vs. Melinda Jo Fisher
Spakes -
E2006-00573-CCA-R3-CD View
Rhea County - The defendant, Melinda
Jo Fisher Spakes, appeals the denial of judicial diversion
or alternative sentencing following her “best-interests” pleas
to two counts of misdemeanor child neglect. See T.C.A. § 39-15-401
(1997). After review, we affirm the judgments of the trial
court.
State vs. James Beasley -
W2006-01844-CCA-MR3-PC View
Madison County - The petitioner, James
Beasley, appeals from the Madison County Circuit Court’s denying
him post-conviction relief from his convictions for aggravated burglary,
a Class C felony, and theft of property valued at $500 or less, a Class
A misdemeanor. See T.C.A. §§ 39-14-403; 39-14-103; 39-14-105(1).
He was sentenced to fifteen years and eleven months and twenty-nine days,
to be served concurrently as a Range III offender. The petitioner contends
the trial court erred in denying him post-conviction relief based upon
the ineffective assistance of trial counsel. We conclude that no error
exists and affirm the trial court’s
judgment.
State vs. Freddie McCullough -
W2006-01407-CCA-R3-CD View
Shelby County - The Appellant, Freddie
McCullough, appeals the Shelby County Criminal Court’s
denial of his request for non-incarcerative alternative
sentences. McCullough pled guilty to one count of statutory
rape and one count of sexual battery, both Class E felonies,
and, under the terms of the plea agreement, received one-year
sentences for each conviction with the trial court determining
the manner of service of the sentences. The agreement
also allowed McCullough to seek judicial diversion. After
a sentencing hearing, the trial court denied judicial
diversion and ordered McCullough to serve concurrent terms
of sixty days in the workhouse on each one-year sentence,
followed by one year of probation. On appeal, McCullough
argues that the trial court erred by denying judicial
diversion or, in the alternative, total probation. After
review, the judgment of the trial court is affirmed.
Ricky Barnett vs. State -
M2006-02243-CCA-R3-PC View
Davidson County - Petitioner pled guilty
to two counts of child rape and one count of child abuse.
His effective sentence is twenty-five years, twenty-two
years to be served concurrently for each child rape and
three years for child abuse to be served consecutively
to the twenty-two years. Within a year of his guilty plea,
Petitioner filed a petition for post-conviction relief
arguing that his trial counsel was ineffective and, therefore,
his plea was not entered knowingly, intelligently and
voluntarily. Petitioner argued that his trial counsel
was ineffective for: (1) not adequately explaining the
nature and consequences of his guilty plea; (2) not adequately
investigating the facts of the Petitioner’s case;
(3) not adequately consulting with him prior to entering
his plea; and (4) not having Petitioner undergo a mental
health screening. Following a full hearing, the post-conviction
court denied the petition. After a thorough review of
the record, we affirm the denial of the petition.
State vs. Antonio Dante
Edmondson -
M2006-00990-CCA-R3-CD View
Davidson County - The defendant, Antonio
Dante Edmondson, was convicted at a jury trial of two counts
of facilitation of aggravated robbery, Class C felonies. He
received two five-year terms to be served consecutively in
the Department of Correction, for an effective sentence of
ten years. In this appeal, he claims (1) that the evidence
is insufficient to support his convictions, (2) that the trial
court erred in admitting proof of other robberies under Tennessee
Rule of Evidence 404(b), and (3) that he was improperly sentenced.
We affirm the judgments of the trial court.
James Eric Winston vs. State -
M2006-01699-CCA-R3-PC View
Davidson County- The petitioner, James Eric
Winston, sought post-conviction relief in the Davidson County
Criminal County Court in the form of deoxyriboneculeic acid
(DNA) analysis of physical evidence associated with his 1992
Davidson County aggravated rape convictions. The criminal
court ordered the DNA analysis, but after reviewing the results,
the court dismissed the petition. On appeal, the petitioner
claims that his trial counsel rendered ineffective assistance,
that the public defender’s office, which represented
the petitioner in his 1993 trial, had a conflict of interests
that should have precluded a public defender from representing
him in the criminal court on the post-conviction DNA proceeding
now under review, and the DNA test results establish his claim
of actual innocence of aggravated rape. These appellate claims
are unsupported in the record, and therefore, we affirm the
order of the criminal court.
State vs. Michael Bates -
W2006-02492-CCA-R3-CD View
Madison County - The appellant, Michael
Ray Bates, was convicted in the Madison County Circuit Court
of four counts of selling one-half gram or more of cocaine
and received an effective ten-year sentence to be served
in a community corrections program. Subsequently, the trial
court revoked the appellant’s community corrections sentence and
ordered him to serve his ten-year sentence in confinement. On appeal,
the appellant challenges the revocation of his community corrections sentence
and the imposition of confinement. Upon review of the record and the parties’ briefs,
we affirm the judgment of the trial court.
State vs. Jimmy DeWayne
Lentz -
M2006-01774-CCA-R3-CD View
Marshall county - Following a jury trial,
Defendant, Jimmy Dewayne Lentz, was convicted of vandalism,
a Class C felony. The trial court denied Defendant’s request for
alternative sentencing and sentenced Defendant to five years, six months
in confinement. On appeal, Defendant argues that the evidence was insufficient
to support the jury’s finding that the value of the property vandalized
was in excess of $10,000. Defendant does not appeal the trial court’s
denial of alternative sentencing but argues that the trial
court erred in determining the length of his sentence.
After a thorough review of the record, we affirm the judgment
of the trial court.
State vs. Michael Vaughn -
M2006-01341-CCA-R3-CD View
Humphreys County - Appellant, Michael
Vaughn, was convicted of attempt to commit manufacture
of methamphetamine, one count of possession of unlawful
drug paraphernalia for delivery, one count of reckless
endangerment with a deadly weapon, one count of evading
arrest, one count of possession of a weapon by a convicted
felon, one count of possession of marijuana, and one count
of possession of drug paraphernalia. As a result, Appellant
was sentenced to a total effective sentence of twenty-four
years. After the denial of a motion for new trial, Appellant
filed a timely notice of appeal. On appeal, Appellant
argues that there was no probable cause for the stop,
search and seizure that led to Appellant’s arrest
and that the trial court erred in sentencing Appellant.
Because Appellant did not file a motion to suppress prior
to trial and failed to raise the suppression issue in
a motion for new trial, this issue is waived. Furthermore,
we determine that the trial court properly sentenced appellant.
Accordingly, we affirm the judgments of the trial court.
State vs. Alecia Diane Cooper -
M2006-02618-CCA-R3-CD View
Bedford County - The defendant, Alecia
Diane Cooper, appeals her Bedford County Circuit Court
jury convictions of attempt to commit assault, see T.C.A. §§ 39-13-101(a)(3)
(2006) & 39-12-101 (2006), and disorderly conduct, see id. § 39-17-305,
Class C misdemeanors. The convictions resulted from a
confrontation between a security officer at the 2005 Tennessee
Walking Horse National Celebration in Shelbyville and
the defendant, who was a competitor and sponsor in the
Celebration. On appeal, the defendant claims that the
evidence was insufficient to support both convictions.
State vs. Sherman Tyler Rumsey -
M2007-00093-CCA-R3-CD View
Cannon County - The appellant, Sherman
Tyler Rumsey, was convicted in the Cannon County Circuit
Court of aggravated burglary, and he received a three-year
suspended sentence. After the appellant’s probation was revoked,
he filed a motion for a suspension of sentence. The trial court dismissed
the motion, and the appellant appeals. Upon our review of the record and
the parties’ briefs,
we affirm the judgment of the trial court.
Ronnie Sims vs. State -
M2006-02746-CCA-R3-PC View
Davidson County - The Petitioner, Ronnie
Sims, appeals the post-conviction court’s order denying his petition
for post-conviction relief, arguing that relief is warranted because his
trial counsel was ineffective for failing to obtain an audiotape recording
of the victim’s emergency telephone call to the Vanderbilt University
Police Department and for failing to thoroughly investigate an alibi witness.
Following our review, we affirm the post-conviction court’s
order denying relief.
Donovan Davis vs. State -
M2007-00409-CCA-R3-HC View
Davidson County- Petitioner, Donovan Davis,
filed a Petition for Writ of Habeas Corpus attacking his 1998
convictions for facilitation of felony murder and aggravated
robbery, for which he received consecutive sentences for a
total effective sentence of thirty (30) years. The trial court
summarily dismissed the petition without an evidentiary hearing.
Petitioner has appealed, arguing that (1) the sentences were
imposed in direct violation of his constitutional rights to
have a jury determine sentencing enhancement factors, and
(2) the habeas corpus trial court erroneously relied upon
Petitioner’s waiver of appeal of his convictions and
sentencing. The State has filed a motion to affirm pursuant
to Rule 20 of the Rules of the Tennessee Court of Criminal
Appeals. Finding the motion to be well-taken, it is hereby
granted. Accordingly, the judgment of the trial court is affirmed.
Cases posted the week of 08/13/2007
Arthur W. Stamey vs. State and
Virginia Lewis, Warden -
E2006-02047-CCA-R3-HC View
Bledsoe County - The petitioner, Arthur
W. Stamey, appeals the Bledsoe County Circuit Court’s summary dismissal
of his petition for a writ of habeas corpus. The petitioner was convicted
pursuant to a guilty plea of one count of aggravated sexual battery and
received a sentence of nine years as a violent offender. The petitioner
contends that his guilty plea was involuntary and that his sentence was
illegal due to the original trial court’s
imposition as a condition of release that he not be around
children for the rest of his life, which he claims is in
contravention of the statutory authority afforded the Board
of Probation and Parole pursuant to Tennessee Code Annotated
section 39-13-524. The habeas corpus court summarily dismissed
the petition. Following our review, we conclude that the
original trial court had no authority to impose such a condition,
and we reverse the judgment of the habeas corpus court and
remand the case for the entry of an order to remand the
case to the original trial court for the entry of a corrected
judgment.
State vs. Richard Swiney -
E2006-01965-CCA-R3-CD View
Sullivan County - The defendant, Richard
Swiney, pleaded guilty in case numbers S49,056; S51,657; and
S51,658 to various offenses. He received a four-year suspended
sentence in case number S49,056 to run consecutively to the
effective six-year sentence in case numbers S51,657 and S51,658.
The manner of service for the effective six-year sentence
in case numbers S51,657 and S51,658 was determined by the
trial court after an evidentiary hearing, and the court ordered
the defendant to serve the six years in confinement. The defendant
appeals the trial court’s order of confinement, and
we affirm that order. However, we remand for the correction
of several clerical errors in the judgments.
Brandon Roland vs. State -
E2006-02785-CCA-R3-PC View
Rhea County - The petitioner, Brandon Roland,
who was convicted of first degree murder and theft over $10,000,
sought post-conviction relief from the Rhea County Circuit
Court, which denied relief after an evidentiary hearing. On
appeal, the petitioner presents several issues of the ineffective
assistance of counsel. We affirm the denial of post-conviction
relief.
State vs. Tazwone DeMarcus
Mattress -
E2006-00862-CCA-R3-CD View
Knox County - Following a jury trial, Defendant,
Tazwone Demarcus Mattress, was found guilty of second degree
murder. The trial court sentenced Defendant as a Range I,
standard offender, to twenty-five years imprisonment, and
ordered Defendant’s sentence for his felony conviction to be served
consecutively to two outstanding misdemeanor sentences. On appeal, Defendant
argues that (1) the evidence was insufficient to support his conviction;
(2) the trial court erred in permitting the State to introduce evidence
of Defendant’s
prior juvenile adjudications; and (3) the trial court erred
in imposing consecutive sentences. Defendant does not challenge
the length of his sentence for his murder conviction. After
a thorough review of the record, we affirm the judgment of
the trial court.
State vs. Eric Wayne Agner -
E2006-01616-CCA-R3-CD View
Blount County - The defendant, E