Beginning October 2007 the AOC began posting opinions only as PDF files. We no longer post Word Perfect or other word processing files. If you do not have Adobe Acrobat Reader, click here to go to the Adobe site and download the FREE Acrobat Reader.
This Page Last Updated: November 08, 2007 at 10:52.49 hours
The following Opinions are available for viewing or download in PDF format:
Cases posted the week of 9/29/2008
State vs. Benny K. West - E2007-02496-CCA-R3-PC View
Claiborne County - Petitioner, Benny K. West, appeals the post-conviction court’s decision to deny his petition for post-conviction relief. Petitioner entered a nolo contendere plea to two counts of sexual battery. Subsequently, he sought post-conviction relief on the basis of ineffective assistance of counsel and that his plea was unknowingly and involuntarily entered. After a hearing during which the post-conviction court heard testimony from Petitioner, trial counsel, and an employee of the Department of Children’s Services, the post-conviction court denied the petition. After a review of the record, we determine that Petitioner did not prove that he received ineffective assistance of counsel or that his nolo contendere plea was unknowingly and involuntarily entered. Therefore, we affirm the judgment of the post-conviction court.
Michael L. Kirby vs. Howard Carlton, Warden - E2007-01249-CCA-R3-HC View
Johnson County - The pro se petitioner, Michael L. Kirby, appeals from the trial court’s order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the order pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Mitchell Waldroop vs. State - E2006-02368-CCA-R3-PC View
Campbell County - The petitioner, Mitchell Waldroop, was denied post-conviction relief by the Criminal Court for Campbell County from his convictions for two counts of especially aggravated kidnapping and resulting concurrent thirty-six-year sentences in the Department of Correction. He appeals and contends that (1) he is entitled to post-conviction relief because the state failed to file a responsive pleading to his pro se petition in the form required by the Post-Conviction Procedure Act; (2) he was deprived of his due process right to present his post-conviction claim at a meaningful time and in a meaningful manner; (3) he was denied the effective assistance of counsel in the conviction proceedings; (4) he was sentenced in violation of the Sixth Amendment; and (5) he was deprived in the conviction proceedings of a hearing pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999), addressing his understanding of his right to testify. We affirm the trial court’s judgment.
Terrance Lowdermilk vs. State - E2007-00177-CCA-R3-HC View
Hamilton County - The petitioner, Terrance Lowdermilk, appeals the dismissal of his petition for writ of habeas corpus in the Hamilton County Criminal Court. The state has moved this court to affirm the order by memorandum opinion pursuant to Tennessee Court of Criminal Appeals Rule 20. The petition presents no cognizable ground for habeas corpus relief. Accordingly, we sustain the state’s motion and affirm the order pursuant to Rule 20.
State vs. Howard W. Burnett - E2007-01788-CCA-R3-CD View
Knox County - The Defendant, Howard W. Burnett, was convicted
by a Knox County jury of one count of first degree murder. He was sentenced
to life imprisonment. In this direct appeal, the defendant makes the following
claims: (1) the evidence at trial was insufficient to show premeditation; (2)
the trial court erred by declining to admit into evidence the defendant’s
rights waiver and certain post-arrest statements he made to police; and (3)
the State committed prosecutorial misconduct by misstating the evidence and
commenting on the defendant’s
decision not to testify at trial. We conclude that these arguments lack merit
and accordingly affirm.
State vs. Eric Lornail Abell vs. State - M2007-01565-CCA-R3-CD
View
Rutherford County - The defendant, Eric Lornail Abell, appeals
from his conviction by a jury in the Rutherford County
Circuit Court for driving on a revoked license, a Class B misdemeanor, for
which he was sentenced
to six months to be served at fifty percent and consecutively to previous sentences.
He contends that
the evidence is insufficient to support his conviction and that he is entitled
to “probation, concurrent
sentencing, or other alternative sentencing.” We affirm the judgment
of the trial court.
Antonio I. McMurry vs. State - M2007-02488-CCA-R3-PC View
Wilson County - The Petitioner, Antonio L. McMurry, appeals
from the order of the Wilson County Criminal Court
summarily dismissing his petition for post-conviction relief. He argues that
the post-conviction court
erred in its determination that the petition did not state a colorable claim.
Following our review, we
reverse the post-conviction court’s order of summary dismissal. We remand
for further proceedings.
State vs. Hollis Meriweather - M2007-02677-CCA-R3-CD View
Montgomery County - The Defendant, Hollis Meriweather,1 was
convicted of two counts of the sale of cocaine in violation
of Tennessee Code Annotated Section 39-17-417. The trial court denied his motion
for a new trial.
In this direct appeal, he makes the following claims: (1) that an impermissible
variance existed
between the crime charged in the indictment and the proof presented at trial;
and (2) that the
evidence introduced at trial was insufficient to convict him. We conclude that
the defendant’s
arguments lack merit. We affirm the judgments of the trial court.
Alfonzo Waters vs. State - M2007-01339-CCA-R3-PC View
Davidson County - The petitioner, Alfonzo Waters,1 was
denied post-conviction relief by the Criminal Court for
Davidson County from his conviction for first degree murder and resulting
life sentence. He appeals
and contends that he received the ineffective assistance of counsel at
trial and on appeal. We affirm
the trial court’s judgment.
State vs. Dennis Eddins - M2007-01753-CCA-R3-CD View
Lincoln County - A Lincoln County jury convicted
the defendant, Dennis Eddins, of one count of extortion and one
count of harassment. The trial court merged the convictions and sentenced
the defendant to two
years in the Department of Correction as a Range I, standard offender.
On appeal, the defendant
argues that the evidence was insufficient to sustain his extortion conviction
and that the trial court
erred by failing to investigate or otherwise remedy the defendant’s
allegation of juror misconduct.
The state contends that because the order denying the defendant’s
motion for new trial does not
appear in the record, this appeal should be dismissed for lack of jurisdiction.
After reviewing the
record, we conclude that we are without jurisdiction to consider this
appeal. Accordingly, the appeal
is dismissed.
Sharon R. Hurt vs. Reuben Hodge, Warden - M2007-02094-CCA-R3-HC View
Davidson County - The
pro se petitioner, Sharon R. Hurt, appeals as of right the Davidson County
Criminal Court’s
summary dismissal of her petition for a writ of habeas corpus. The petitioner
seeks relief from her
sentences of life imprisonment plus twenty-four years resulting from her
convictions in Davidson
County for first degree murder and conspiracy to commit first degree murder.
The petitioner alleges
that her convictions are void because she was sentenced in violation of
Blakely v. Washington, 542
U.S. 296, 124 S. Ct. 2531 (2004). The habeas corpus court summarily dismissed
the petition.
Following our review, we affirm the judgment of the habeas corpus court.
Marco Pena
Medina vs. State - M2007-02543-CCA-R3-PC View
Davidson County -In March 2007 the petitioner, Marco
Peña Medina, pled guilty to one
count of conspiracy to sell
more than three hundred grams of a Schedule II controlled substance, a
Class A felony. The trial
court sentenced the petitioner to a term of twenty years in the Department
of Correction as a Range
I, standard offender. The petitioner subsequently filed a petition for
post-conviction relief, alleging
that he received ineffective assistance of counsel and that his guilty
plea was not entered voluntarily
and knowingly. After a hearing, the post-conviction court denied the petition,
and the petitioner
appealed. After reviewing the record, we affirm the judgment of the post-conviction
court.
State vs. Charles T. Rogers - M2007-02756-CCA-R3-CD View
Fentress County - This is an appeal of the sentence imposed
by the trial court. Defendant-Appellant, Charles T. Rogers
(“Rogers”), pled guilty to: (1) possession of methamphetamine,
a Class B felony; (2) possession of
marijuana, a Class E felony; (3) possession of a Schedule II drug, a Class
C felony; (4) possession
of a Schedule III drug, a Class D felony; (5) the sale of methamphetamine,
a Class B felony; (6) theft
of property over $1000, a Class C felony; (7) felonious possession of
explosives, a Class B felony;
and (8) the promotion or manufacture of methamphetamine, a Class D felony.
He agreed upon terms
of imprisonment of nine, two, six, four, eight, four, eight, and four
years, respectively. All sentences
were to be served concurrently for an effective sentence of nine years
as a Range I, standard offender.
The manner of service, however, was to be determined by the trial court.
The trial court accepted
the terms of the plea agreement but after the sentencing hearing ordered
Rogers to serve the sentence
in confinement. The sole issue presented on appeal is whether the trial
court erred in denying
probation or any other form of alternative sentencing. For the reasons
that follow, we affirm the
judgment and sentence of the trial court.
State vs. Jerome David Bailey - E2007-02764-CCA-R3-CD View
Knox County - This is an appeal of the manner of
service of the sentence imposed by the Knox County Criminal Court.
The Defendant-Appellant, Jerome David Bailey (“Bailey”),
pled guilty to two counts of aggravated assault, a Class C felony.
As a Range I, standard offender, Bailey agreed upon a five-year term
of imprisonment for each aggravated assault conviction, to be served
consecutively, for an effective sentence of ten years at thirty percent
in the Department of Correction. The manner of service, however,
was left to be determined by the trial court. Following a sentencing
hearing, the trial court ordered Bailey to serve his sentence in
confinement. Bailey appeals the trial court’s denial of alternative
sentencing and contends that he should have received full probation
or a split sentence of confinement and probation. We affirm the trial
court’s judgments.
Michael Lee vs. State - M2007-01665-CCA-R3-PC View
Williamson County - The petitioner, Michael Lee,
appeals the denial of his petition for post-conviction relief by
the Circuit Court for Williamson County from his convictions for
aggravated burglary and theft of property valued over $1000 for which
he was sentenced to fifteen years and twelve years, respectively,
to be served consecutively for a total of twenty-seven years. The
petitioner claims the trial court erred in concluding he was provided
the effective assistance of counsel. We affirm the judgment of the
trial court.
Jonathan Keith Price vs. State - M2007-02434-CCA-R3-PC View
Rutherford County - The defendant, Jonathan Keith
Price, pleaded guilty in the Rutherford County Circuit Court to aggravated
burglary, see T.C.A. § 39-14-403 (2003), solicitation of a minor,
see id. § 39-13-528, and two counts of statutory rape, see id. § 39-13-506.
The trial court sentenced the defendant to an effective sentence of
six years, as agreed by the parties, and following a hearing to determine
the manner of service, the trial court placed the defendant on probation.
The defendant then moved the court for leave to withdraw his guilty
pleas, and the defendant now appeals from the trial court’s denial
of that motion. Upon review, we affirm the judgments of the trial court.
Cases posted the week of 9/22/2008
State vs. Starbrough Jones - W2006-02230-CCA-R3-CD View
Shelby County - A Shelby County Criminal Court jury
convicted the appellant, Starbrough Jones, of first degree felony murder,
especially aggravated robbery, and attempted especially aggravated
robbery, and the appellant received sentences of life, twenty-one years,
and nine years, respectively. The trial court ordered that the appellant
serve the twenty-one-year and nine-year sentences concurrently with
each other but consecutively to the life sentence. On appeal, the appellant
contends that (1) the trial court erred by allowing unreliable hearsay
testimony into evidence in violation of Crawford v. Washington, 541
U.S. 36, 124 S. Ct. 1354 (2004); (2) the evidence is insufficient to
support the convictions; and (3) consecutive sentencing is excessive.
Based upon the record and the parties’ briefs, we affirm the
judgments of the trial court.
State vs. Mario Lester - W2007-01447-CCA-R3-CD View
Shelby County - The defendant, Mario Lester, was convicted
of one count of burglary of a building (Class D felony) and was sentenced
to twelve years as a career offender. On appeal, he argues that the
evidence was insufficient to support the conviction and that the trial
court erred in denying community corrections. After careful review,
we affirm the judgment from the trial court.
State vs. Isedore Parks - W2007-02907-CCA-R3-CD View
Madison County - The defendant, Isedore Lamont Parks,
was convicted of simple possession of cocaine, a Class A misdemeanor,
and sentenced to eleven months, twenty-nine days in the county jail
at seventy-five percent release eligibility, to be served consecutively
to a prior sentence. On appeal, he argues that the evidence was insufficient
to support his conviction. Following our review, we affirm the judgment
of the trial court.
State vs. Fredrick Milan -W2006-02606-CCA-MR3-CD View
Shelby County - A Shelby County Criminal Court jury
convicted the appellant, Fredrick Milan, of first degree premeditated
murder and aggravated assault, and the trial court sentenced him to
consecutive sentences of life and five years, respectively. On appeal,
the appellant contends that (1) the trial court erred by consolidating
the offenses; (2) the trial court improperly admitted the victim’s
prior statement into evidence under the hearsay rule’s forfeiture
by wrongdoing exception, Tennessee Rule of Evidence 804(b)(6); (3)
the trial court erred by admitting into evidence the 9-1-1 tape of
an eyewitness to the victim’s murder; (4) the trial court erred
by admitting an autopsy photograph into evidence; (5) the evidence
is insufficient to support the appellant’s murder conviction;
and (6) the trial court erred by ordering consecutive sentencing and
by assessing a five-hundred-dollar fine for the aggravated assault
conviction. The State contends that the evidence is sufficient to support
the murder conviction and that the trial court properly ordering consecutive
sentencing. However, the State acknowledges that the trial court improperly
fined the appellant. Regarding the appellant’s remaining issues,
the State contends that the appellant waived them because he failed
to include them in his motion for new trial and that he is not entitled
to plain error relief. We conclude that the evidence is sufficient
to support the murder conviction and that consecutive sentencing is
proper in this case. Nevertheless, we also conclude that the trial
court committed plain error as to the aggravated assault conviction
by consolidating the appellant’s indictments for trial and that
the trial court erred by imposing the appellant’s fine. Therefore,
the appellant’s murder conviction is affirmed but his aggravated
assault conviction and resulting fine are reversed. The case is remanded
to the trial court for further proceedings consistent with this opinion.
State vs. Jonathan C. Carr - M2007-01759-CCA-R3-CD View
Williamson County - The Appellant, Jonathan C. Carr,
appeals his felony conviction by a Williamson County jury for the crime
of possession of a controlled substance in a penal institution. T.C.A. § 39-16-201(a)(2)1(2005).
On appeal, the following issues are raised: (1) whether the custodial
arrest of Carr for a misdemeanor offense violated this state’s “cite
and release” statute, Tennessee Code Annotated section 40-7-118
(2005) and, thus, any evidence obtained as a result of the arrest was
inadmissible; (2) whether Carr’s presence in a “booking
area” of the jail while in possession of a controlled substance
constituted a “voluntary” act; and (3) with regard to the
sufficiency of the evidence: (a) whether the proof established that
Carr was ever “located within an area where prisoners are quartered” and
(b) whether the proof established that Carr’s possession was “without
the express consent of the chief administrator” of the institution.
After review, we conclude that issues (2) and (3) are without merit
and that issue (1) is procedurally defaulted. Accordingly, Carr’s
convictions for possession of a controlled substance in a penal institution
and possession of drug paraphernalia are affirmed.
State vs. Joseph S. Lucas, Jr. - M2007-01411-CCA-R3-CD View
Williamson County - The defendant, Joseph S. Lucas,
Jr., appeals the sentencing decision of the Williamson County Circuit
Court. The defendant was indicted, in an open-dated indictment, for
the offense of rape of a child, a Class A felony, which was alleged
to have been committed between May 2005 and September 2005. He subsequently
pled guilty to the offense and was sentenced to twenty-five years,
to be served at 100%, in the Department of Correction. The trial court,
in imposing the sentence, applied the 2005 amendments to our criminal
code, which became effective June 7, 2005, based upon the trial court’s
finding that the offense occurred after June 7, 2005. On appeal, the
defendant asserts that the trial court erred by: (1) sentencing pursuant
to the 2005 sentencing amendments when the proof failed to establish
that the offense was committed after the effective date of the amendments;
(2) applying two enhancement factors absent a jury determination of
those facts; and (3) failing to apply the catchall mitigating factor.
Following review of the record, we find no error and affirm the sentencing
decision of the Williamson County Circuit Court.
State vs. Tony Best - E2007-00296-CCA-R3-CD View
Monroe County - A Monroe County Criminal Court jury
convicted the appellant, Tony Best, of attempt to manufacture methamphetamine
and felony possession of drug paraphernalia. The trial court sentenced
him as a Range I, standard offender to two years and one year, respectively,
to be served concurrently on probation following a thirty-day jail
term. On appeal, the appellant contends that (1) the warrantless search
of boxes allegedly belonging to him and the seizure of his person violated
the Fourth Amendment; (2) the State’s destruction of evidence
violated due process; (3) the evidence is insufficient to support his
convictions; (4) his convictions for attempt to manufacture methamphetamine
and felony possession of drug paraphernalia place him in double jeopardy
for the same conduct; (5) the State erroneously failed to provide a
bill of particulars after being ordered to do so; (6) the prosecutor
committed prosecutorial misconduct in closing argument; and (7) his
fines are excessive. Based upon the record and the parties’ briefs,
we affirm the appellant’s judgment of conviction for felony possession
of drug paraphernalia but reverse his conviction for attempt to manufacture
methamphetamine because the evidence is insufficient to support the
conviction.
State vs. Charles H. Warfield, III - M2007-02011-CCA-R9-CD View
Williamson County - The defendant, Charles H. Warfield,
III, was indicted on one count of reckless driving, one count of possession
of a controlled substance and one count of possession of drug paraphernalia.
The defendant applied for pretrial diversion. The District Attorney
General denied the defendant’s application. The trial court
granted the defendant’s writ of certiorari. After a hearing,
the trial court determined that the prosecutor abused her discretion
by denying pretrial diversion. The state argued on interlocutory appeal
that the trial court erred by concluding that the prosecutor abused
her discretion and by ordering that the defendant be placed on pretrial
diversion. Following our review of the parties’ briefs, the record,
and the applicable law, we affirm the judgment of the trial court.
Jose Luis Quintero a/k/a Jose Villalba vs. State -
M2007-02068-CCA-R3-PC View
Wilson County - The petitioner, Jose Luis Quintero
a/k/a Jose Villalba, appeals as of right the Wilson County Criminal
Court’s summary dismissal of his post-conviction petition challenging
his 2002 convictions for two counts of first degree murder because
it was filed beyond the one-year statute of limitations. The petitioner
contends that his petition is not time-barred because it was filed
within one year of the denial of application for a writ of certiorari
by the United States Supreme Court. He also contends that the statute
of limitations should have been tolled due to his alleged mental incompetence
caused by his alleged non-fluency in the English language and marginal
literacy in the Spanish language. Following our review, we affirm the
judgment of the trial court.
Marcie A. Murray vs. Reuben Hodge, Warden - M2007-01394-CCA-R3-HC View
Davidson County - The pro se petitioner, Marcie A.
Murray, appeals as of right the Davidson County Criminal Court’s
summary dismissal of her petition for a writ of habeas corpus. The
petitioner seeks relief from her sentences of life imprisonment plus
twenty years resulting from her convictions in Davidson County for
first degree murder and conspiracy to commit first degree murder. The
habeas corpus court summarily dismissed her petition for failure to
state a cognizable claim. Following our review, we affirm the judgment
of the habeas corpus court.
Eric L. Anderson vs. Howard Carlton, Warden - E2008-00096-CCA-R3-HC View
Johnson County - Petitioner, Eric L. Anderson, appeals
the trial court’s summary dismissal
of his petition for writ of habeas corpus in which he alleged that his
pleas of guilty to three counts of aggravated rape were not made voluntarily,
knowingly, and intelligently; that he received ineffective assistance
of counsel; and that his sentences violate the principles set forth
in Cunningham v. California, 549 U.S. 270, 127 S. Ct. 856, 166 (2007).
After a thorough review, we affirm the judgment of the trial court.
State vs. Maceo LaJuan Parker - M2007-00552-CCA-R3-CD View
Davidson County - In case no. 2006-C-2041, Defendant,
Maceo Lajuan Parker, was indicted in count one for possession with intent
to sell or deliver 0.5 grams or more of cocaine, a Class B felony, and
in count two for simple possession of marijuana, a Class A misdemeanor.
In case no. 2006-C-2070, Defendant, in a joint indictment with co-Defendants
Olen Lovelle Marcus, Jr. and Ian Colby Jones, was charged in count three
for possession with intent to sell or deliver 0.5 grams or more of cocaine,
in count four for simple possession of marijuana, and in count five for
possession of drug paraphernalia. Defendant entered a plea of guilty in
case no. 2006-C-2041 to the lesser included offense of attempted possession
of under 0.5 grams of cocaine, a Class D felony, with an agreed sentence
of two years as a Range I, standard offender, and the State agreed to
enter a nolo prosequi as to count two. Defendant entered a plea of guilty
in case no. 2006-C-2070 to possession of over 0.5 grams of cocaine with
an agreed sentence of eight years as a Range I standard offender, with
such sentence to be served consecutively to his sentence in case no. 2006-C-2041.
As part of the negotiated plea agreement, the State entered a nolo prosequi
as to counts four and five of the indictment. Following a sentencing hearing,
the trial court imposed the agreed sentences of two years in case no.
2006-C-2041, and eight years in case no. 2006-C-2070. The trial court
ordered Defendant to serve his sentences consecutively because he was
on bond when he committed the offense in case no. 2006-C-2070, for an
effective sentence of ten years. See T.C.A. § 40-20-111(b). The
trial court denied Defendant’s request for alternative sentencing,
and ordered Defendant to serve his sentences in confinement. In his appeal,
Defendant challenges the trial court’s denial of his request for
alternative sentencing. After a thorough review, we affirm the judgments
of the trial court.
State vs. Ralph Lester Nelson - E2008-00128-CCA-R3-CD View
Sullivan County - The Defendant, Ralph Lester Nelson,
pled guilty to one count of violating a motor vehicle habitual offender
order, a Class E felony; one count of driving without a seatbelt, a Class
C misdemeanor; and one count of driving without proof of financial responsibility,
a Class E misdemeanor. After a sentencing hearing, the trial court sentenced
the Defendant as a multiple offender to an effective sentence of three
years in the Tennessee Department of Correction (TDOC). On appeal, the
Defendant claims that the trial court erred when it did not grant him
alternative sentencing. After a thorough review of the record and the
applicable law, we affirm the judgment of the trial court.
Cases posted the week of 9/15/2008
State vs. Roberto Marquice Horton - E2007-01460-CCA-R3-CD View
Sullivan County - Appellant, Roberto Marquice Horton,
pled guilty in the Sullivan County Criminal Court to one count of failure
to appear, a Class E felony. The trial court subsequently sentenced him
to a two-year sentence. Appellant appeals his sentence, arguing that it
is excessive and that the trial court erred by denying an alternative
sentence. We determine that the record supports Appellant’s sentence
and, therefore, affirm the judgment of the trial court.
Jabari Issa Mandela a/k/a John H. Wooden vs. Howard Carlton, Warden -
E2007-02350-CCA-R3-HC View
Johnson County - Petitioner, Jabari Issa Mandella, also
known as John H. Wooden, sought habeas corpus relief from his sentences
for second-degree burglary, aggravated rape, aggravated assault, and aggravated
sexual battery. The petition alleged that the consecutive sentences imposed
by the trial court were in direct contravention of statute and that the
trial court failed to state specific reasons for the imposition of consecutive
sentencing, rendering the judgments against him void. The habeas corpus
court determined that nothing in the petition would support a finding
that Petitioner’s convictions were void or that his sentence had
expired. On appeal, Petitioner challenges the judgment of the habeas corpus
court. After a review of the denial of habeas corpus relief, we affirm
the judgment of the habeas corpus court.
State vs. Curtis Anthony Bryson - E2007-02374-CCA-R3-CD View
Hamilton County - The Defendant, Curtis Anthony Bryson,
pled guilty to theft over $1,000, a Class D felony, and the trial court
ordered him to serve three years of supervised probation. Prior to the
revocation at issue, the trial court revoked the Defendant’s probation
three times, resulting in an expiration date of January 28, 2006, for
the Defendant’s probated sentence. On January 12, 2006, the trial
court ordered that a capias issue for the Defendant’s arrest. The
same order listed seven grounds upon which the Defendant had violated
his probation, and provided that a copy of the order be attached “to
the Process to be served on the defendant.” However, no further
proceedings to revoke the Defendant’s probation occurred until August
2007, at which time a duplicate capias for the Defendant’s arrest
was issued and executed. In September 2007, after conducting a hearing,
the trial court found that the Defendant had violated his probation and
ordered him to serve the remainder of his sentence in the Tennessee Department
of Correction. It is from this judgment that the Defendant now appeals.
After reviewing the record, we affirm the judgment of the trial court.
State vs. Joseph Stinnett - M2007-02123-CCA-R3-CO View
Rutherford County - The petitioner, Joseph Stinnett,
appeals the trial court’s denial of his petition for writ of error
coram nobis. Following our review of the record, parties’ briefs
and applicable law, we affirm the judgment of the circuit court.
Charles C. Dick vs. State - M2007-00542-CCA-R3-PC View
Maury County - The petitioner, Charles C. Dick, entered
a best interest plea to second degree murder in exchange for a sentence
of twenty-three years. The petitioner now appeals the post-conviction
court’s denial of his request for post-conviction relief and contends
that: (1) the “clear and convincing” evidence standard set
forth by Tennessee statute imposes an unconstitutional burden on the petitioner;
(2) he received the ineffective assistance of counsel; and (3) his guilty
plea was unknowing and involuntary. Upon review of the record and the
parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Bobby Hale - M2007-02202-CCA-R3-CD View
Marion County - The appellant, Bobby Hale, pled guilty
in the Marion County Circuit Court to four drug related felonies, and
he received a total effective sentence of eight years. The appellant was
placed on probation, which was revoked. After revocation of his probation,
the appellant was placed on community corrections. Subsequently, a warrant
was issued, alleging that the appellant had violated the terms of his
community corrections sentence. Following a hearing, the trial court revoked
the appellant’s community corrections sentence and ordered the appellant
to serve his original sentence in confinement. On appeal, the appellant
challenges the trial court’s imposition of a sentence of confinement.
Upon our review of the record and the parties’ briefs, we affirm
the judgments of the trial court.
State of Tennessee vs. Tamela Scott - M2006-02067-CCA-R3-CD View
Separate Concurring Opinion - View
Cannon County - The defendant, Tamela T. Scott, was convicted
of vehicular homicide by intoxication, a class B felony, and three counts
of vehicular assault, a class D felony. She received an effective sentence
of eight years. The sentence was ordered to be served by one year in confinement
and sixteen years on probation. Among the conditions of the defendant’s
probation were 200 hours of community service per year, and the defendant
was also prohibited from driving for eight years. The defendant appeals
the judgments, arguing that (1) the convicting evidence is insufficient;
(2) the trial court erred in admitting expert testimony of “retrograde
extrapolation” related
to the defendant’s
blood alcohol level; (3) the trial court erred in its jury instruction
regarding blood alcohol; and (4) the trial court erred in determining
the conditions of her community service, the length of her probation,
and that her driving privileges will be revoked for eight years. We affirm
the judgments for the three counts of vehicular assault. We affirm the
conviction of vehicular homicide by intoxication, but we modify the manner
of service of the eight-year sentence to one year in confinement followed
by eight years of probation.
Author Turner vs. State - W2008-00011-CCA-R3-HC View
Hardeman County - The petitioner, Author Ray Turner,
appeals the circuit court’s order summarily dismissing his petition
for writ of habeas corpus. Following our review of the record and applicable
law, we affirm the court’s order.
State of Tennessee vs. Jovan Xavier Moore - M2007-02515-CCA-R3-CD View
Bedford County - Aggrieved of his five Bedford County
Circuit Court jury convictions of selling .5 grams or more of cocaine
and his effective Department of Correction sentence of 24 years, the defendant,
Jovan Xavier Moore, appeals. He challenges the sufficiency of the convicting
evidence, the trial court’s order consolidating the five separate
indictments for trial, and the trial court’s sentencing determinations.
Because we hold that one conviction is infirm due to the trial court’s
denial of a severance of the trial regarding that single offense, we reverse
one conviction and remand it for a new trial but affirm the others. We
also affirm the trial court’s sentencing determinations.
State vs. Tryphena Nicole Jones - W2008-00186-CCA-R3-CD View
Madison County - The defendant, Tryphena Nicole Jones,
pled guilty to possession of cocaine and failure to appear, both Class
A misdemeanors, and was sentenced to consecutive terms of eleven months,
twenty-nine days at seventy-five percent release eligibility. On appeal,
she argues that the trial court erred in imposing consecutive sentencing.
Following our review, we affirm the judgments of the trial court.
Cases posted the week of 9/8/2008
State of Tennessee vs. Gordon McGee, Jr. (State Appeal) -
M2007-01883-CCA-R3-CD View
Warren County - The defendant, Gordon McGee, Jr., was
indicted by the Warren County grand jury for simple assault, a Class A
misdemeanor, and applied for pretrial diversion. The state denied the
application and the defendant sought certiorari review by the trial court.
Following an evidentiary hearing, the trial court granted certiorari and
ordered the state to enter into a memorandum of understanding granting
pretrial diversion to the defendant. The state appeals as of right the
order of the trial court. Following our review, we affirm the judgment
of the trial court.
State vs. Brian Davidson - W2007-00294-CA-R3-CD View
Shelby County - The defendant, Brian Davidson, was convicted
by a Shelby County Criminal Court jury of one count of manufacturing methamphetamine,
two counts of possession of methamphetamine with the intent to sell and/or
deliver, one count of possession of anhydrous ammonia, one count of possession
of marijuana, two counts of possession of Hydrocodone, and two counts
of possession of Alprazolam. After merging the manufacturing and possession
of methamphetamine convictions, the possession of Hydrocodone convictions,
and the possession of Alprazolam convictions, the trial court sentenced
the defendant to five years for manufacturing methamphetamine, eighteen
months for possession of anhydrous ammonia, and eleven months, twenty-nine
days for each of the convictions for possession of Hydrocodone, Alprazolam,
and marijuana, with the sentences to be served concurrently to each other
but consecutively to the defendant’s sentences in a federal case.
The defendant argues on appeal that the trial court erred in denying his
motion to dismiss based upon a violation of the speedy trial provision
of the Interstate Compact on Detainers, in denying his motion to suppress
a detective’s in-court identification of him, in denying his discovery
request for the impeaching convictions of his codefendant, and in ordering
that he serve his sentences consecutively to his federal sentences. Having
reviewed the record and found no error, we affirm the judgments of the
trial court.
Travis Plummer vs. State of Tennessee - M2008-00110-CCA-R3-CO View
(Pursuant to Rule 20, Rules of Court of Criminal Appeals)
Davidson County - The Appellant appeals the trial court's
dismissal of his petition for a writ of error coram nobis and his motion
to reopen post-conviction petition. The trial court properly concluded
that the Appellant cannot prevail on the claims asserted in the two pleadings.
Accordingly, the judgment of the trial court is affirmed.
State of Tennessee (Appellant) vs. Sheryl Ann Marshall,
Jessica Pickett & Monica
Butler - M2007-02718-CCA-R3-CO View
Sumner County - The Defendants, Monica Butler, Jessica
Pickett, and Sheryl Ann Marshall, were each charged with one count of
theft of services from Gallatin Housing Authority valued between $1,000.00
and $10,000.00. The defendants underreported their income to obtain public
housing at a lower rate. The defendants moved to dismiss the indictments,
arguing that these circumstances were not within the purview of the theft
of services statute. See Tenn. Code Ann. § 39-14-104. The
trial court granted the motion, concluding that occupancy of a residence
pursuant to a lease term was not a service under the plain meaning of
the statute. The State appeals. Following our review of the record, the
order of the Sumner County Criminal Court dismissing the indictments is
affirmed.
State of Tennessee vs. Raymond McNeil - M2007-01566-CCA-R3-CD View
Williamson County - The defendant, Raymond McNeil, appeals
from his Williamson County Circuit Court conviction of Class D felony
evading arrest, alleging that the evidence was insufficient and that the
trial court erred in the admission of certain evidence at trial. The defendant
challenges neither his conviction of driving on a revoked license nor
his 12-year effective sentence. Discerning no error, we affirm the judgments
of the trial court.
State vs. James Robars Sartin - E2008-00354-CCA-R3-CD View
Knox County - The defendant, James Robars Sartin,
pled guilty to one count of observation without consent. Pursuant
to Tenn. Code Ann. § 40-35-313,
the trial court granted the defendant judicial diversion and placed the
defendant on supervised probation for eleven months and twenty-nine days.
On the last day of the probationary period, the State filed a motion to
revoke the defendant’s
judicial diversion. At the subsequent hearing, the court revoked the defendant’s
judicial diversion, entered a judgment of conviction, and sentenced him
to eleven months, twenty-nine days of unsupervised probation. It is from
this judgment that the defendant now appeals. After reviewing the record,
we reverse the judgment of the trial court and remand for further proceedings
consistent with this opinion.
State of Tennessee vs. Jason Clinard -M2007-00406-CCA-R3-CD View
Stewart County - A Stewart County Circuit Court jury
convicted the defendant, Jason Clinard, of first degree premeditated murder
and imposed a sentence of life imprisonment. See T.C.A. §§ 39-13-202(a)(1);
-204 (2006). In this appeal, the defendant asserts that the trial court
erred by (1) not suppressing photographs of the victim, (2) allowing the
State an independent psychological examination of the defendant, (3) failing
to disqualify the District Attorney General’s Office, and (4) following
the statutory sentencing scheme that resulted in the defendant’s
life sentence. Discerning no error, we affirm the judgment of the trial
court.
State of Tennessee vs. James H. Saint, Jr. - M2007-00424-CCA-R3-CD View
Davidson County - The defendant, James H. Saint, Jr.,
appeals his convictions of six counts of aggravated sexual battery, a
Class B felony. He was sentenced to eleven years for each conviction,
to be served consecutively, for an effective sentence of sixty-six years.
On appeal, he claims (1) that the trial court erred in denying his motion
to suppress, and (2) that the trial court erred in determining the length
of his individual sentences and in imposing consecutive sentences. We
affirm the defendant’s convictions but reverse the sentences and
remand the case for a new sentencing hearing.
State vs. McKinley Wright - W2007-00823-CCA-R3-CD View
Shelby County - The defendant, McKinley Wright, appeals
as of right his Shelby County jury conviction for unlawful possession
with the intent to sell or deliver more than 15 grams of heroin, a Class
B felony. The trial court sentenced the defendant to eleven years as a
Range I, standard offender to be served consecutively to a previously
imposed sentence. On appeal, the defendant contends that the evidence
is insufficient to support his conviction, that the trial court improperly
admitted evidence without establishing the chain of custody, that the
trial court improperly admitted testimony regarding the timing of testing
controlled substances recovered by Shelby County authorities, that the
trial court erred in failing to instruct the jury regarding facilitation,
that the trial court imposed an excessive sentence, and that all of the
cumulative errors deprived the defendant of his right to a fair trial.
Following our review, we affirm the judgment of the trial court.
State vs. Clarence Dodson - W2007-01875-CCA-R3-CD View
Shelby County - The defendant, Clarence Dodson, was
convicted by a Shelby County jury of aggravated burglary, a Class C felony,
and theft of property under $500, a Class A misdemeanor. He was subsequently
sentenced to concurrent sentences of fifteen years and eleven months,
twenty-nine days for the respective convictions. On appeal, he raises
two issues for our review: (1) whether the evidence is sufficient to support
the aggravated burglary conviction; and (2) whether the trial court erred
in allowing prior convictions for aggravated burglary and misdemeanor
theft of services to be used for impeachment purposes. Following review
of the record, we find no error and affirm the judgments of convictions.
Bobby Lee Jeffries vs. State - W2008-00948-CCA-R3-PC View
Shelby County - The petitioner, Bobby Lee Jeffries, appeals
the judgment of the trial court finding him to be a habitual criminal
offender. The underlying petition, which is his fourth petition for post-conviction
relief, was summarily dismissed by the post-conviction court because he
had filed numerous petitions for post-conviction relief and because his
claims were without merit. The State has requested that this court affirm
the trial court’s denial of relief pursuant to Rule 20, Rules of
the Court of Criminal Appeals. We grant the State’s
motion and affirm the judgment of the trial court.
Barry Price vs. State - W2007-02639-CCA-R3-PC View
Madison County - This matter is before the court upon
the state’s motion to affirm the judgment of the post-conviction
court by memorandum opinion pursuant to Rule 20 of the Rules of the Court
of Criminal Appeals. The petitioner, Barry L. Price, appeals the post-conviction
court’s dismissal of his petition for post-conviction relief and
argues that he received the ineffective assistance of counsel. Upon review
of the entire record, including petitioner’s Traverse To Appellee’s
Answers filed on July 29, 2008, we are persuaded that the post-conviction
court did not err in dismissing the petitioner’s post-conviction
petition. This case meets the criteria for affirmance pursuant to Rule
20 of the Rules of the Court of Criminal Appeals. Therefore, we grant
the state’s
motion, and the judgment of the post-conviction court is affirmed.
Billy Wayne Price vs. State - W2007-02816-CCA-R3-CD View
Gibson County - The petitioner, Billy Wayne Price, pro
se appeals the trial court’s denial of his petition to withdraw
his guilty plea. He pled guilty in 2003 for selling a Schedule II controlled
substance and received a ten-year sentence to be served on probation.
His probation was subsequently revoked, and the petitioner later filed
his motion to withdraw his plea. After careful review, we conclude that
the petitioner has failed to provide a complete record on appeal by omitting
a transcript of the guilty plea hearing; therefore, the petitioner’s
appeal is dismissed.
Anthony L. Grant vs. State of Tennessee - M2007-00052-CCA-R3-PC View
Davidson County - In November 2005 the Davidson County
Criminal Court revoked the community corrections sentence of the petitioner,
Anthony L. Grant, Jr., and ordered that he serve his sentence in the custody
of the Department of Correction. In October 2006, the petitioner filed
a petition for post-conviction relief, which the post-conviction court
summarily dismissed based on its determination that the petition was filed
beyond the one-year statute of limitations established by the Post-Conviction
Procedure Act, Tenn. Code Ann. § 40-30-101 et. seq. The petitioner
appeals, alleging that the post-conviction court erred in its determination
that the petition was time-barred. After reviewing the record, we conclude
that the petitioner’s claims regarding his initial guilty plea were
time-barred but his claims regarding the revocation of his community corrections
sentence were not time-barred. Accordingly, we affirm in part and reverse
in part the judgment of the post-conviction court and remand this case
for additional proceedings as to the petitioner’s
claims regarding his community corrections revocation.
Michael White vs. State of Tennessee - M2007-02157-CCA-R3-PC View
Marshall County - The petitioner, Michael White, appeals
from the Marshall County Circuit Court’s dismissal of his petition
for post-conviction relief, which he had filed in 2007 to challenge his
2005 jury convictions of five counts of rape. On appeal, the petitioner
claims that his trial counsel rendered ineffective assistance by inadequately
investigating the case, failing to communicate with the petitioner, and
failing to effectively cross-examine witnesses. Because the record supports
the post-conviction court’s
determinations, we affirm the dismissal of post-conviction relief.
Dennis D. Plemons, Sr. vs. State - E2007-00080-CCA-R3-PC View
Roane County - After his conviction for driving under
the influence (“DUI”) was upheld by this Court on appeal,
Petitioner, Dennis D. Plemons, Sr., sought post-conviction relief on the
basis of ineffective assistance of counsel. See State v. Dennis D. Plemons,
Sr., No. E2004-01558-CCA-R3-CD, 2006 WL 304714 (Tenn. Crim. App., at Knoxville,
Feb. 9, 2006). After a hearing on the petition, the post-conviction court
entered an order denying post-conviction relief. After a thorough review
of the record, we determine Petitioner failed to establish that he received
ineffective assistance of counsel at trial. Accordingly, we affirm the
judgment of the post-conviction court.
State vs. Robert W. Roddy - E2007-02185-CCA-R3-CD View
Rhea County - The Defendant, Robert W. Roddy, was convicted
of two counts of first degree murder and one count of aggravated assault.
For these convictions, he received two consecutive life terms plus four
years. In this direct appeal, he presents three issues for our review:
(1) whether the trial court abused its discretion by admitting into evidence
two photographs; (2) whether the evidence was sufficient to support his
convictions, arguing that the proof was insufficient to overcome his claims
of self-defense and intoxication; and (3) whether the trial court erred
by imposing consecutive sentences. Following a review of the record and
the applicable authorities, we affirm the Defendant’s convictions
and sentences.
Stacy Ramsey vs. State - W2006-01827-CCA-R3-PC View
Carroll County - The petitioner, Stacy Dewayne Ramsey,
was convicted by a jury in the Montgomery County Circuit Court of first
degree murder, and he received a sentence of life without the possibility
of parole. Thereafter, he filed a petition for post-conviction relief,
alleging due process violations, newly discovered evidence, and numerous
claims of ineffective assistance of counsel. After a hearing on the petition,
the post-conviction court denied relief, finding that the petitioner had
failed to prove that any relief was warranted. The petitioner appeals
that ruling. Upon review of the record and the parties’ briefs,
we affirm the judgment of the post-conviction court.
State vs. Leman Russell Jr. - W2007-02804-CCA-R3-CD View
Dyer County - The defendant, Leman Earl Russell, Jr.,
entered a plea of guilty, in January 2007, to three counts of selling
a Schedule II controlled substance under .5 grams (Class C felony) and
one count of possession of a Schedule II controlled substance over .5
grams with intent to sell or deliver (Class B felony), in exchange for
a sentence of split confinement. For each Class C felony conviction, he
was sentenced to six months in the county jail and four years on community
corrections, with each sentence to be served concurrently. For the Class
B felony, he was sentenced to six months in the county jail to be followed
by nine years and five months on community corrections, also concurrent
with the other sentences, for a total effective sentence of nine years
and eleven months (six months in confinement followed by nine years and
five months on community corrections). Here, the defendant appeals the
revocation of his community corrections sentence. After review, we conclude
that the trial court properly revoked the defendant’s community
corrections sentence.
State vs. Arthur Taylor - W2006-01104-CCA-R3-CD View
Madison County - A Madison County Circuit Court jury
convicted the appellant, Arthur Lee Taylor, of possessing 0.5 grams or
more of cocaine with intent to sell, possessing 0.5 grams or more of cocaine
with intent to deliver, and two counts of misdemeanor possessing dihydrocodeinone.
The trial court merged the cocaine convictions and merged the dihydrocodeinone
convictions and sentenced the appellant to an effective sentence of thirty
years in confinement. The trial court also imposed the fines recommended
by the jury of $50,000 for the cocaine conviction and $750 for the dihydrocodeinone
conviction. On appeal, the appellant contends that the evidence is insufficient
to support the convictions, that the trial court’s instructions
and the jury’s verdicts constructively amended the indictments,
that the trial court erred by failing to require the State to elect the
specific offenses it was relying on for conviction, and that his $50,000
fine is excessive. We conclude that because the appellant’s
motion for new trial was untimely filed, his second and third issues are
waived. Regarding his sufficiency and sentencing issues, we affirm the
judgments of the trial court.
State vs. Charles Pipkin Jr. - W2007-01110-CCA-R3-CD View
Hardeman County - The defendant, Charles Ricky Pipkin,
Jr., pled guilty to charges of aggravated burglary and theft over $500.
He also pled guilty in a separately charged case to initiation of a process
to manufacture methamphetamine and possession of methamphetamine with
the intent to deliver more than .5 grams. As a condition of his guilty
pleas, the defendant properly reserved several certified questions of
law, challenging the legality and validity of the search warrant. Specifically,
the defendant argued that the affidavit for the search warrant did not
satisfy both prongs of the Aguilar-Spinelli test and therefore failed
for lack of probable cause. He further argued that information contained
in the warrant was stale and insufficient. Finally, the defendant argued
that if the search warrant was invalid in the first case, then any evidence
and statements used against him in the second case must also be suppressed
as fruits of an illegal search. Following our review of the parties’ briefs,
the record, and the applicable law, we reverse the judgments of the trial
court and dismiss the defendant’s
convictions.
State vs. Kevin Swift - W2007-00673-CCA-R3-CD View
Shelby County - In October 2005, the Shelby County Grand
Jury indicted the defendant, Kevin Swift, on two counts of aggravated
robbery, a Class B felony. Following a jury trial in Shelby County Criminal
Court, the defendant was convicted on both counts of the indictment; however,
upon stipulation of the parties one of the defendant’s convictions
was reduced to the lesser included offense of aggravated assault, a Class
C felony. The trial court sentenced the defendant to eleven years as a
Range I, standard offender on the aggravated robbery conviction and nine
years as a Range II, multiple offender on the aggravated assault conviction.
The trial court ordered these sentences to be served consecutively. The
defendant appeals, asserting that: (1) the evidence produced at trial
was insufficient to support his aggravated robbery conviction; (2) the
sentences imposed for both sentences were excessive in that they were
enhanced based on factors not found by the jury beyond a reasonable doubt;
and (3) the trial court improperly imposed consecutive sentences. After
reviewing the record, we affirm the judgments of the trial court.
State vs. Robert Bonds - W2007-0277-CCA-R3-CD View
Shelby County - The defendant, Robert Bonds, was convicted
of aggravated burglary, a Class C felony, and sentenced as a Range III
offender to fifteen years in confinement. On appeal, the defendant argues
that the evidence was insufficient to support his conviction. Following
our review of the parties’ briefs, the record, and the applicable
law, we affirm the judgment of the trial court.
Kelvin Dowell vs. State - W2007-02814-CCA-R3-PC View
Tipton County - The petitioner, Kelvin Jermaine Dowell,
appeals the post-conviction court’s denial of his petition for post-conviction
relief, arguing that his trial counsel provided ineffective assistance
by presenting two inconsistent defense theories at his trial. Following
our review, we affirm the denial of the petition.
Cases posted the week of 9/1/2008
State vs. Rafael L. Mazyck - E2007-01700-CCA-R3-CD View
Blount County - The defendant, Rafael L. Mazyck, pled
guilty pursuant to a plea agreement to two counts of theft over $1000,
a class D felony, and one count each of felony reckless endangerment and
felony evading arrest, both class E felonies. He received a total sentence
as a Range I, standard offender of four years, which was suspended after
sixty days of confinement. In this appeal, the defendant challenges the
trial court’s revoking his probation and ordering him to serve his
entire sentence in confinement. We affirm the judgment of the trial court.
State vs. James Bernard Simpson - E2007-02383-CCA-R3-CD View
Sullivan County - Appellant, James Simpson, pled guilty
to violation of an habitual traffic offender order, violation of vehicle
registration and driving under the influence (“DUI”), second
offense. The trial court sentenced Appellant to three years as a Range
II Multiple Offender for violation of an habitual traffic offender order,
thirty days with a seventy-five percent release eligibility for violation
of vehicle registration, and eleven months and twenty-nine days at seventy-five
percent release eligibility of which forty-five days were to be served
day-for-day for DUI, second offense. Appellant requested a hearing on
alternative sentencing. Following a hearing, the trial court denied all
versions of alternative sentencing based upon the length and nature of
Appellant’s prior criminal history, as well as his past failures
to conform to conditions when given probation or after having his drivers’ license
revoked. We have reviewed the record on appeal and find that it supports
the trial court’s
decision. Therefore, we affirm the judgments of the trial court.
State vs. Armand E. Booker - E2007-01825-CCA-R3-CD View
Anderson County - On April 6, 2006, an Anderson County
Criminal Court convicted the defendant, Armand E. Booker, of one charge
of selling less than .5 grams of cocaine, a Class C Felony. The defendant
now appeals, alleging that there was insufficient evidence to support
the conviction, that the police and State engaged in outrageous conduct
in their dealings with the defendant, that the trial court erred in failing
to dismiss the charge because of the State’s failure to comply with
discovery, and that the trial court erred in not indicating when the defendant’s
sentence should begin if it was to run consecutively to his two prior
sentences. Discerning no error in the judgment of the trial court, we
affirm.
State vs. Marilyn Denise Avinger - M2007-00706-CCA-R3-CD View
Davidson County - The defendant, Marilyn Denise Avinger,
was convicted of one count of attempted second degree murder. She was
sentenced to nine years, with all but thirty days suspended. The defendant
argues on appeal that the trial court erred by admitting prejudicial photographic
evidence, and she also argues that the evidence was not sufficient to
support her conviction. Following our review of the parties’ briefs,
the record, and the applicable law, we affirm the judgment of the trial
court.
State vs. Chad Lewis Monette - M2006-02462-CCA-R3-CD View
Houston County - Following a bench trial in the Houston
County Circuit Court, the defendant, Chad Lewis Monette, was convicted
of one count of aggravated sexual battery, a Class B felony, as a lesser-included
offense of rape of a child. He was subsequently sentenced to eight years
in the Department of Correction. On appeal, the defendant contends that
his conviction should be reversed because aggravated sexual battery is
not a lesser-included offense of rape of a child. He further challenges
the admission and consideration of certain testimony and exhibits introduced
as evidence at trial. Following review of the record, we conclude that
aggravated sexual battery is a lesser-included offense of rape of a child;
thus, no error occurred in the conviction. With regard to the evidentiary
issues, we conclude that the defendant has waived consideration of the
issues by his failure to contemporaneously object at trial, his failure
to raise the issues in his motion for new trial, or his failure to cite
to legal authority on appeal. Because the alleged evidentiary issues do
not rise to the level of plain error, we decline review. Accordingly,
the judgment of conviction is affirmed
State vs. Kellye M. Hilton - E2007-01518-CCA-R3-CD View
Sullivan County - The defendant, Kellye M. Hilton, pleaded
guilty in the Sullivan County Circuit Court to one count of forgery, a
Class E felony, see T.C.A. § 39-14-114, and one count of identity
theft, a Class D felony, see id. § 39-14-150. Pursuant to a plea
agreement between the parties, the trial court imposed an effective sentence
of two years to be served as 150 days’ incarceration
followed by probation. In this appeal, the defendant contends that the
trial court should have granted a sentence of full probation. The judgments
of the trial court are affirmed.
Willie Joe Frazier vs. State - M2007-00525-CCA-R3-CO View
Wayne County - Petitioner, Willie Joe Frazier, appeals
the trial court’s summary dismissal of his petition for writ of
habeas corpus. After a thorough review, we affirm the judgment of the
trial court.
Michael Derrick Huskins vs. State - E2007-02627-CCA-R3-PC View
Polk County - The petitioner, Michael Derrick Huskins,
appeals from the denial of his petition for post-conviction relief wherein
he challenged his 2006 Polk County Criminal Court conviction of felony
murder. In this appeal, the petitioner contends that his guilty plea was
involuntary and was the result of the ineffective assistance of his trial
counsel. Discerning no error, we affirm the judgment of the post-conviction
court.
State vs. Jack E. Thompson - M2007-01347-CCA-R3-CD View
Montgomery County - The defendant, Jack E. Thompson,
in this consolidated appeal, appeals from one judgment revoking his probation
and another judgment sentencing him to three years to be served consecutively
to the sentence for which his probation was revoked. On appeal, he argues
that the trial court abused its discretion in revoking his probation and
ordering him to serve his sentence and that the trial court erred in enhancing
his sentence to three years on his plea of guilty to burglary of a vehicle,
a Class E felony. After review, we affirm both judgments from the trial
court.
State vs. Kenneth B. Nevels - M2007-00902-CCA-R3-CD View
Montgomery County - Defendant, Kenneth B. Nevels, entered
a plea of guilty to one count of driving under the influence (DUI), first
offense, and one count of driving on a suspended license, both Class A
misdemeanors. The trial court sentenced Defendant to eleven months, twenty-nine
days, for his DUI conviction, which sentence was to be suspended after
serving forty-eight hours in confinement. Defendant was sentenced to a
concurrent sentence of eleven months, twenty-nine days for his driving
on a suspended license conviction, all of which was suspended with Defendant
placed on probation. Pursuant to the plea agreement, Defendant reserved
the right to appeal a certified question of law challenging the trial
court’s denial of his motion to suppress. After a review of the
record, we affirm the judgment of the trial court.
Howard Atkins vs. State - W2006-02221-CCA-R3-PC View
Tipton County - The petitioner, Howard Jefferson Atkins,
appeals the post-conviction court’s denial of his petition for post-conviction
relief. On appeal, he argues that he received the ineffective assistance
of counsel because: (1) trial counsel failed to pursue suppression of
the petitioner’s statement to police on the basis that police did
not have probable cause to effectuate his arrest; and (2) appellate counsel
failed to challenge the petitioner’s transfer from juvenile court
on appeal. After a thorough review of the record and the parties’ briefs,
the judgment of the post-conviction court denying post-conviction relief
is affirmed.
State vs. Leonard Fitzgerald - W2007-02597-CCA-R3-CD View
Henry County - The defendant, Leonard Ray Fitzgerald,
was convicted of two counts of sale of over .5 grams of cocaine, a Class
B felony, and sentenced as a Range I, standard offender to concurrent
eight-year sentences, with seven years to be served on probation after
one year in the Department of Correction. The jury assessed a $100,000
fine in each count, which the trial court imposed. On appeal, the defendant
argues that the jury’s verdict was not unanimous, the fines were
excessive, and he should have been sentenced as an especially mitigated
offender and granted full probation. Following our review, we affirm the
judgments of the trial court.
State vs. Shawn Hatcher - W2006-01853-CCA-R3-CD View
Shelby County - Appellant, Shawn Hatcher, was involved
in a shooting which resulted in the death of one victim and the serious
injury of two other victims. As a result of the incident, Appellant was
convicted by a Shelby County jury of first degree felony murder, first
degree premeditated murder and two counts of attempted first degree murder.
The trial court sentenced Appellant immediately to a mandatory life sentence
for the first degree murder convictions. Appellant filed a motion for
new trial. The trial court held a joint sentencing hearing and hearing
on the motion for new trial. The trial court merged the two convictions
for first degree murder and sentenced Appellant to fifteen years for each
attempted murder conviction to be served concurrently with each other.
The trial court ordered the life sentence to be served consecutively to
the fifteen-year sentence. The trial court also denied the motion for
new trial and appointed new counsel at the conclusion of the hearing for
sentencing and the motion for new trial. Newly-appointed counsel filed
an amended motion for new trial more than thirty days after the trial
court denied the original motion for new trial. The trial court held a
hearing on the amended motion for new trial and denied the motion. Appellant
appealed. On appeal, the State argues that this appeal is not properly
before this Court. We have determined that the issues presented in the
amended motion for new trial are not properly before this Court because
it was not filed with thirty days from the trial court’s denial
of the original motion for new trial. We have waived the timely-filing
of the notice of appeal with regard to the original motion for new trial
and address those issues on appeal. Therefore, the issues presented on
appeal are that the evidence was insufficient to support the Appellant’s
convictions, the trial court erred in allowing in photographs of the murder
victim into evidence, the trial court erred in not allowing Appellant
to present medical evidence of his injuries to support his theory of defense,
and the trial court erred in instructing the jury on the special instructions
Appellant presented. After a thorough review of the record, we affirm
the judgments of the trial court.
State vs. Guy Shaw - W2007-02427-CCA-R3-CD View
Madison County - The defendant, Guy Louis Shaw, pleaded
guilty to one count of driving on a revoked license (fourth offense),
violation of the financial responsibility law, and violation of the motor
vehicle light law. Subsequently, he was ordered to serve a sentence of
eleven months, twenty-nine days in jail for his conviction for driving
on a revoked license. It is this sentence from which the defendant appeals.
On appeal, the defendant argues that he should have been sentenced to
probation rather than incarceration. Following our review of the record
and the parties’ briefs, we affirm the trial court’s sentencing
decision.
Daniel Vengrin vs. State - W2006-02539-CCA-R3-PC View
Madison County - The appellant, Daniel Ronald Vengrin,
pled guilty to vandalism in an amount greater than $500, a Class E felony.
Pursuant to the plea agreement, the trial court sentenced the appellant
to one year and six months in the Tennessee Department of Correction and
ordered that the appellant have no contact with the victim and pay restitution.
Subsequently, the appellant was found guilty of twenty-one counts of criminal
contempt for failing to comply with the terms of the no-contact order
that was a condition of his plea agreement. The trial court sentenced
the appellant to a total effective sentence of 210 days for his contempt
convictions. On appeal, the appellant contends that the trial court did
not have jurisdiction “to modify or otherwise enforce the terms
and conditions of the [j]udgment in [the appellant’s] case.” Upon
our review of the record and the parties’ briefs,
we affirm the judgments of the trial court.
State vs. Garrett Charles Anderson - E2007-02869-CCA-R3-CD View
Blount County - The Defendant, Garrett Charles Anderson,
pled guilty to felony evading arrest, driving under the influence, and
violating the implied consent statute. The Defendant was sentenced to
two years for the felony evading arrest conviction and to eleven months,
twenty-nine days for the driving under the influence conviction. The sentences
were to be served concurrently, for an effective sentence of two years,
with thirty days to be served in jail and the remainder 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 there
was not sufficient evidence that he violated his probation. Finding no
error, we affirm the trial court’s
judgment.
State vs. Brandon Compton - E2007-01790-CCA-R3-CD View
Knox County - The defendant, Brandon Compton, was convicted
of two counts of first degree premeditated murder and received consecutive
life sentences. On appeal, this court held that the evidence was insufficient
as a matter of law to support the jury’s finding of premeditation,
modified the defendant’s
convictions to second degree murder, and remanded to the trial court for
resentencing. On remand, the trial court imposed consecutive twenty-five-year
sentences. The defendant now argues that the trial court erred in sentencing
him above the presumptive sentence of twenty years and in imposing consecutive
sentencing. Following our review, we affirm the judgments of the trial
court.
Cases posted the week of 8/25/2008
Rachel Didena Summers vs. State - M20080728-CCA-R3-PC View
Rutherford County - This matter is before the Court upon
the State’s
motion to affirm the judgment of the trial court by memorandum opinion
pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Petitioner
has appealed the trial court’s
order dismissing the petition for post-conviction relief. Upon review
of the record in this case, we are persuaded that the trial court was
correct in dismissing the petition for post-conviction relief and that
this case meets the criteria for affirmance pursuant to Rule 20 of the
Rules of the Court of Criminal Appeals. Accordingly, the State’s
motion is granted and the judgment of the trial court is affirmed.
Ronald Dotson vs. State - W2007-01654-CCA-R3-PC View
Shelby County - The petitioner, Ronald Dotson, appeals
the denial of his petition for post-conviction relief. In this appeal,
he asserts that he was denied the effective assistance of counsel at trial
and that this court should remand his case to the trial court for a hearing
based upon the holding in State v. Copeland, 226 S.W.3d 287 (Tenn. 2007).
Discerning no error, we affirm the judgment of the post-conviction court.
Jeffery Yates vs. State - W2007-02868-CCA-R3-HC View
Lake County - The Petitioner, Jeffery Yates, 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.
We conclude that the State's motion is meritorious. Accordingly, we grant
the State's motion and affirm the judgment of the lower court.
State vs. Almeko Woods -
W2007-02025-CCA-R3-CD View
Hardeman County - On February 4, 2005, the defendant,
Almeko Chiffon Woods, pled guilty to one count of forgery less than $200
and one count of fraudulent use of a credit card between $500 and $1000,
both Class E felonies. The trial court sentenced the defendant to two
years probation for each offense, with the sentences to run concurrently.
On January 22, 2007, a probation violation report was prepared, alleging
that the defendant failed to meet with her probation officer and failed
to pay restitution and court costs. However, this report was not filed
until February 20, 2007. On January 30, 2007, the trial court issued what
the defendant considered a capias and the state considered an arrest warrant
in connection with the alleged probation violation. Following a June 28,
2007 hearing, the trial court found the defendant in violation of her
probation and extended her probation another year. That same day, an additional
probation violation was filed with the trial court, alleging that the
defendant violated her probation by being arrested for simple possession
of a controlled substance and failing to report this arrest to her probation
officer. In August 2007, the trial court revoked the defendant’s
probation and ordered her to serve a two-year sentence in the Department
of Correction. The defendant appeals, arguing that because the probation
violation report was not filed until February 20, 2007, her probation
expired on February 4, 2007. She further argues that because the document
issued by the trial court in January 2007 was not an arrest warrant, the
limitations period for filing the probation violation was not tolled,
and therefore the trial court’s extension and revocation of her
probation were nullities because her probation expired on February 4,
2007. After reviewing the record, we conclude that the expiration of the
defendant’s
probation was properly tolled and that the trial court acted properly
in extending and subsequently revoking the defendant’s probation.
As such, we affirm the judgment of the trial court.
Casey Skelton vs. State - E2007-02818-CCA-R3-CD View
McMinn County - The State appeals the McMinn County
Criminal Court’s
grant of post-conviction relief to the petitioner, Casey Skelton. The
petitioner sought relief from his 2006 McMinn County convictions
of two counts of sexual battery by an authority figure on the grounds
that his guilty pleas to those charges were unknowing and involuntary
and were prompted by ineffective assistance of counsel. The petitioner
specifically alleged that trial counsel was deficient in his failure
to inform the petitioner about the impact of a conviction of a sexual
offense, including the risk that he would permanently be placed on
the sex offender registry. The trial court granted relief after an evidentiary
hearing, and we affirm.
State vs. Brandon Paul Graham - E2007-02046-CCA-R3-CD View
Hamblen County - The defendant, Brandon Paul Graham,
pled guilty to criminal responsibility for conduct of another for aggravated
burglary, a Class C felony, and facilitation of robbery, a Class D felony.
For the aggravated burglary, the Hamblen County Criminal Court sentenced
the defendant to three years, with ninety days to be served in the county
jail followed by release to community corrections and house arrest. For
the facilitation of robbery, the court sentenced the defendant to two
years, with ninety days to be served in the county jail followed by release
to community corrections and house arrest. The court ordered the defendant
to serve the sentences concurrently. The court denied the defendant’s
application for judicial diversion and denied defendant’s request
for full probation. In this appeal, the defendant raises two issues: (1)
whether the trial court erred by denying the defendant’s application
for judicial diversion and (2) whether the trial court erred by not sentencing
the defendant to full probation. We affirm the judgments of the trial
court.
Danny Jay Branam vs. State - E2007-01542-CCA-R3-PC View
Knox County - The petitioner, Danny Jay Branam, appeals
the Knox County Criminal Court’s
dismissal of his petition for post-conviction relief from his convictions
of felony murder, armed robbery, and conspiracy, for which, his petition
states, he is serving sentences of life plus sixteen years in the Department
of Correction. He claims the trial court erroneously dismissed the petition
as untimely. We hold that his petition was barred by the one-year statute
of limitations, and we affirm the judgment of the trial court.
Cases posted the week of 8/18/2008
State vs. Dwayne Anthony Dixon - E2007-02237-CCA-R3-CD View
Sullivan County - The defendant, Dwayne Anthony Dixon,
pleaded guilty in the Sullivan County Criminal Court in case number S51,198
to one count of possession of less than .5 grams of cocaine with intent
to sell or deliver, possession of less than one-half ounce of marijuana,
speeding, and felony evading arrest. In case number S52,716, the defendant
pleaded guilty to one count of possession of .5 grams or more of cocaine
with intent to sell or deliver. Pursuant to a plea agreement between the
parties, the trial court imposed sentences of five years for possession
of less than. 5 grams of cocaine, 11 months and 29 days for possession
of less than one-half ounce of marijuana, 30 days for speeding, one year
for felony evading arrest, and ten years for possession of .5 grams or
more of cocaine. The agreement provided for partially consecutive sentencing,
for an effective sentence of 15 years to be served in the Department of
Correction. In this appeal, the defendant challenges the denial of alternative
sentencing. Discerning no error, we affirm the judgments of the trial
court.
State vs. Amanda Michelle Slaughter - E2007-02599-CCA-R3-CD View
Sullivan County - The defendant pleaded guilty to one
count of facilitation of the sale of .5 grams or more of cocaine, a Class
C felony. She was sentenced to a term of four years in the Department
of Correction. The defendant now challenges the trial court’s denial
of alternative sentencing. Upon reviewing the record, we affirm the judgment
of the trial court.
State vs. Donald Blevins - E2007-01588-CCA-R3-CD View
Sullivan County - The defendant, Donald Blevins, pleaded
guilty in the Sullivan County Criminal Court to a single count of reckless
homicide in exchange for a two-year sentence with the manner of service
of the sentence to be determined by the trial court. The trial court denied
all forms of alternative sentencing, and the defendant now appeals. We
reverse the judgment of the trial court.
State vs. Adrienne Hollowell - W2006-01803-CCA-R3-CD View
Shelby County - The defendant, Adrienne Hollowell, pled
guilty to one count of theft of property valued over $500, a Class E felony.
The Shelby County Criminal Court sentenced the defendant to one year in
the Department of Correction as a Range I, standard offender. At the time
of her guilty plea, the defendant filed a petition to suspend her sentence;
following an August 2006 hearing, the trial court denied the petition
and ordered the defendant to serve her sentence in incarceration. The
defendant appeals, asserting that the trial court erred by ordering a
sentence of full incarceration. After reviewing the record, we affirm
the judgment of the trial court.
State vs. Keven Scott - W2007-01636-CCA-R3-CD View
Shelby County - The appellant, Keven Scott, was convicted
by a jury in the Shelby County Criminal Court of possession of more than
.5 grams of cocaine with the intent to deliver, possession of cocaine,
and possession of marijuana. The trial court merged the cocaine convictions
and sentenced the appellant to a total effective sentence of seventeen
years in the Tennessee Department of Correction. On appeal, the appellant
challenges the sufficiency of the evidence supporting his conviction for
possession of more than .5 grams of cocaine with the intent to deliver.
Upon our review of the record and the parties’ briefs, we affirm
the judgment of the trial court.
State vs. Cordaro Hughes - W2007-00955-CCA-R3-CD View
Shelby County - The defendant, Cordaro Hughes, was convicted
by a Shelby County Criminal Court jury of first degree felony murder;
especially aggravated robbery, a Class A felony; and attempted especially
aggravated robbery, a Class B felony. He was sentenced to life imprisonment
for the first degree murder conviction, fifteen years at 100% for the
especially aggravated robbery conviction, and eight years at 30% for the
attempted robbery conviction, with the trial court ordering that the sentences
be served concurrently, for an effective sentence of life imprisonment.
The defendant raises four issues on appeal: (1) whether this court should
waive his untimely notice of appeal in the interests of justice; (2) whether
the trial court erred in denying his motion to suppress his statements
to police; (3) whether the evidence was sufficient to sustain his convictions;
and (4) whether the trial court erred in granting the State’s motion
in limine to suppress evidence that he initially denied any involvement
in the crimes. Following our review, we affirm the judgments of the trial
court.
State vs. Rapheal Love - W2007-01635-CCA-R3-CD View
Shelby County - The defendant, Rapheal Love, was convicted
by a Shelby County Criminal Court jury of two counts of first degree premeditated
murder and sentenced by the trial court to two consecutive terms of life
imprisonment in the Department of Correction. The sole issue he raises
on appeal is whether the trial court erred in ordering consecutive sentencing.
Following our review, we affirm the consecutive sentences imposed by the
trial court.
State vs. Rain Chesher - W2008-00739-CCA-R3-HC View
Hardeman County - The petitioner, Rain Thomas Chesher,
appeals the Hardeman County Circuit Court’s summary dismissal of
his petition for writ of habeas corpus. The State has filed a motion requesting
that this court affirm the lower court’s denial of relief pursuant
to Rule 20 of the Rules of the Court of Criminal Appeals. Because the
petitioner has failed to demonstrate that his conviction is void, we conclude
that the State’s motion is well-taken. Accordingly, we affirm the
lower court’s
summary dismissal of the petition.
State vs. Tracy Harris - W2008-00603-CCA-R3-HC View
Hardeman County - The Petitioner, Tracey Lynn Harris,
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. We conclude that the State's motion is meritorious. Accordingly,
we grant the State's motion and affirm the judgment of the lower court.
State vs. Michael Hooper - W2007-02098-CCA-R3-HC View
Hardeman County - The Petitioner, Michael Hooper, 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.
We conclude that the State's motion is meritorious. Accordingly, we grant
the State's motion and affirm the judgment of the lower court.
State vs. Sammie Netters - W2008-00484-CCA-R3-CO View
Shelby County - The Petitioner, Sammie Lee Netters, appeals
the trial court's denial of his petition for coram nobis relief. The State
has filed a motion requesting that this Court affirm the trial court's
denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals.
We conclude that the State's motion is meritorious. Accordingly, we grant
the State's motion and affirm the judgment of the lower court.
State vs. Thaddeus Eugene Reid - E2007-01056-CCA-R3-CD View
Hamilton County - The Defendant, Thaddeus Eugene Reid,
was convicted of three counts of aggravated rape and one count of aggravated
burglary after a jury trial. In this direct appeal, the Defendant makes
the following claims that: (1) the evidence below was insufficient to
support his convictions; (2) the presence of additional security at trial
prejudiced the jury against him; (3) the trial court unconstitutionally
increased his sentence because enhancement factors were not found by a
jury; (4) the trial court improperly admitted certain evidence, including
a CODUS report, a cleaning solution, a picture of the Defendant and his
alleged accomplice, and a rape crisis center report; (5) the trial court
improperly allowed the Defendant’s previous convictions for criminal
impersonation to be used for impeachment; and (6) the prosecution engaged
in misconduct during closing argument which should have resulted in a
mistrial. Each of his points of error either lacks merit or has been waived
by lack of argument or citation. Accordingly, we affirm.
State vs. Earl Marion Grindstaff - E2007-02377-CCA-R3-PC View
Cocke County - The Petitioner, Earl Marion Grindstaff,
appeals from the order of the Cocke County Circuit Court dismissing his
petition for post-conviction relief. He argues that the dismissal was
error because he did not receive the effective assistance of counsel prior
to pleading guilty to five counts of aggravated sexual battery, and because
his sentencing hearing was held more than forty-five days after his guilty
plea submission hearing. Following our review of the record and the parties’ briefs,
we affirm the post-conviction court’s
order of dismissal.
State vs. Ray Charles Nelson - M2007-02571-CCA-R3-CD View
Montgomery County - A Montgomery County Circuit Court
jury convicted the defendant, Ray Charles Nelson, of theft and criminal
trespass, and the defendant, now on appeal, challenges the sufficiency
of the convicting evidence. Because we hold that the evidence was sufficient,
we affirm the judgments of the trial court.
State of Tennessee vs. Thomas Jefferson Teague, Jr.-M2007-01646-CCA-R3-CD View
Davidson County - A Davidson County Criminal Court grand
jury indicted the defendant, Thomas Jefferson Teague, Jr., on one count
of possession of a handgun by a convicted felon and one count of possession
of drug paraphernalia. The trial court accepted a plea agreement in which
the defendant agreed to plead guilty to only felony possession of a weapon
in exchange for a Range I sentence of two years’ confinement in
a regional workhouse. Subsequently, the defendant filed a motion seeking
placement in a community corrections program. Adopting the State’s
view that the incarcerative sentence was embraced in a binding plea agreement
and was not subject to modification, the trial court denied the motion,
and the defendant appealed. Although the trial court applied an incorrect
legal standard in denying relief, we affirm its order because the record
demonstrated no factual basis for relief.
Harold L. Woodroof vs. State, Ricky bell, Warden - M2007-02547-CCA-R3-HC View
Davidson County - The petitioner, Harold L. Woodroof,
appeals the criminal court’s order summarily dismissing his petition
for writ of habeas corpus. Following our review of the record and applicable
law, we affirm the court’s
order.
State vs. Sanford Lee Parker - E2006-02412-CCA-R3-CD View
Sevier County - The Defendant, Sanford Lee Parker, was
convicted of felony driving under the influence (fourth offense or greater),
child endangerment, violation of the implied consent law, and driving
on a revoked license. For these convictions, the Defendant received consecutive
terms of four years, eleven months and twenty-nine days, eleven months
and twenty-nine days, and six months respectively. In this direct appeal,
the Defendant challenges the sufficiency of the evidence to support his
convictions for driving under the influence and child endangerment and
contends that his sentence is excessive. After a review of the record,
we affirm the judgments of the trial court.
State vs. Thornton Shayne Snapp - E2007-01269-CCA-R3-CD View
Sullivan County - The Sullivan County Grand Jury indicted
Appellant, Thornton Shayne Snapp, for theft of property valued over $1,000
but less than $10,000. At the conclusion of a jury trial, the jury found
Appellant guilty as charged. On appeal, Appellant argues that the evidence
was insufficient to support a conviction for theft, and instead only supported
a conviction for joyriding. After a thorough review of the record, we
have found the evidence to be sufficient to support the conviction and
affirm the judgment of the trial court.
State vs. Bryan Dale Farmer - M2007-01553-CCA-R3-CD View
Montgomery County - A Montgomery County jury convicted
the Defendant, Bryan Dale Farmer, of one count of sexual battery by an
authority figure, and the trial court sentenced him to three years in
prison, suspended after the service of sixty days. On appeal, the Defendant
contends that: (1) the evidence is insufficient to sustain his conviction
because he did not use his supervisory power over the victim to accomplish
a sexual act; and (2) the trial court erred by not granting him full probation.
After a thorough review of the applicable record and law, we affirm the
judgment of the trial court.
Craig Robert Nunn vs. State - M2007-00974-CCA-R3-PC View
Separate Concurring Opinion - View
Davidson County - The petitioner, Craig Robert Nunn,
appeals the post-conviction court’s denial of his petition for post-conviction
relief from his aggravated sexual battery convictions. The petitioner
first argues that the post-conviction court erred in finding that due
process considerations did not toll the statute of limitations. He further
argues that the post-conviction court, which also considered his claims
on the merits, erred in finding that he received effective assistance
of trial counsel. Following our review, we affirm the post-conviction
court’s
denial on its merits of the petition.
State vs. Raygan L. Presley - M2007-02487-CCA-R3-CD View
Warren County - The defendant, Raygan L. Presley, appeals
from his three Warren County Circuit Court jury convictions of aggravated
sexual battery and from that court’s imposition of an effective
22-year sentence. On appeal, he claims that the evidence is insufficient,
that the trial court erred in admitting evidence of defendant’s
inculpatory pretrial statement, and that the trial court erred in failing
to apply a mitigating factor in sentencing and in imposing consecutive
sentences. Upon our review, we affirm the convictions but modify the sentences
by vacating the order for consecutive alignment of two of them, thus creating
an effective sentence of 11 years.
State vs. Tony Draine - W2007-01438-CCA-R3-CD View
Shelby County - The defendant, Tony Draine, was convicted
by a Shelby County jury of one count of theft of property over $10,000,
a Class C felony, and sentenced to thirteen years in the Department of
Correction. On appeal, the defendant challenges the sufficiency of the
evidence, specifically with regard to the requisite mental state. After
review of the record, we conclude that the evidence is sufficient and
affirm the judgment of conviction.
Demarcus Smith vs. State - W2007-00540-CCA-R3-HC View
Lauderdale County - The petitioner, Demarcus Smith, pro
se, appeals the summary dismissal of his “petition for writ of habeas
corpus to correct illegal sentence.” He
contends his sentence is illegal because a Range I, standard offender
cannot be required to serve one hundred percent before release eligibility.
After review, we conclude the judgment is facially valid and the summary
dismissal is affirmed.
Cases posted the week of 8/11/2008
Rodney L. Tipton vs. Howard Carlton, Warden - E2007-02625-CCA-R3-HC View
Johnson County - The petitioner, Rodney L. Tipton, was
denied habeas corpus relief by the Johnson County Criminal Court from
his 1992 judgments for jury convictions of aggravated rape and aggravated
robbery and effective thirty-three-year sentence as a Range I offender.
On appeal, he contends that he is entitled to habeas corpus relief because
the trial court constructively amended the indictment for aggravated rape
by including in its jury instructions modes of the offense which were
not charged in the indictment and because the trial court erroneously
amended the aggravated robbery indictment by allowing an amendment to
include a car as an additional item taken in the course of the robbery.
Upon review, we hold that the trial court properly dismissed the petition
and affirm its order dismissing the petition.
Harrison Melvin X. Pearison - Howard Carlton, Warden -
E2007-02525-CCA-R3-HC View
Johnson County - The petitioner, Harrison Melvin X. Pearison,
was denied habeas corpus relief by the Johnson County Criminal Court from
his 1997 conviction for aggravated arson and twenty-year sentence at 100
percent service. On appeal, he contends that the amended judgment with
100 percent service is void and that he is entitled to serve the sentence
at thirty percent as originally imposed. Upon review, we hold that the
trial court properly dismissed the petition and affirm its order dismissing
the petition.
Marty W. Thomas vs. State - E2007-02000-CCA-R3-PC View
Hamilton County - A Hamilton County jury found the Petitioner,
Marty W. Thomas, guilty of four counts of aggravated rape and one count
of aggravated burglary. The trial court sentenced him to fifty-four years
of incarceration. The Petitioner appealed, and this Court affirmed the
judgments. The Petitioner then brought a post-conviction petition claiming
that he received the ineffective assistance of counsel at his trial. The
post-conviction court denied relief, and the Petitioner now appeals. After
a thorough review of the record and the applicable law, we affirm the
post-conviction court’s judgment.
State vs. Teddy Ray Mitchell - E2007-02807-CCA-R3-CD View
Hamblen County - A Hamblen County jury convicted the
Defendant, Teddy Ray Mitchell, of one count of disorderly conduct, a class
C misdemeanor. At the sentencing hearing, the trial court granted the
Defendant’s request for judicial diversion. The Defendant appeals,
contending that: (1) the evidence is insufficient to sustain his conviction;
(2) his conviction violates constitutional provisions protecting free
speech; and (3) the trial court erred when it allowed testimony about
the Defendant’s
conduct when parking his car, which was not the basis for his arrest.
We conclude that no appeal as of right exists because the Defendant was
granted judicial diversion and no judgment of conviction has been entered.
Accordingly, we dismiss his appeal.
State vs. Junior Dale Anderson - M2007-00828-CCA-R3-CD View
Wilson County - Junior Dale Anderson, the defendant,
was convicted of attempted voluntary manslaughter (Class D felony), two
counts of aggravated assault (Class C felony), reckless endangerment (Class
A misdemeanor), and domestic assault (Class A misdemeanor). The defendant
received an effective sentence of sixteen years. On appeal, the defendant
alleges: (1) the evidence was insufficient to support the conviction for
attempted voluntary manslaughter; (2) the trial court erred in excluding
from evidence the defendant’s recorded call to 9-1-1; (3) the trial
court erred in certain jury instructions during trial; (4) the trial court
erred in its failure to merge the offenses of attempted voluntary manslaughter
and aggravated assault; and (5) the trial court erred in imposing an excessive
sentence. After review, we conclude that the exclusion from evidence of
the defendant’s
call to 9-1-1 was reversible error and remand the cause for a new trial.
Jimmy Dale Hogan vs. State - M2007-02104-CCA-RM-CD View
Lawrence County- The petitioner, Jimmy Dale Hogan, appealed
the denial of post-conviction relief from this court to our supreme court.
After review, our supreme court remanded the appeal to this court for
reconsideration, in light of Wiley v. State, 183 S.W.3d 317 (Tenn. 2006).
After careful review, we conclude that trial counsel was ineffective for
failing to seek a jury instruction on second degree murder as a lesser
included offense of felony murder; therefore, we reverse the judgment
of the post-conviction court and remand this matter to the trial court
for a new trial on the petitioner’s conviction for felony murder.
Donnell V. Booker vs. State - M2007-01932-CCA-R3-PC View
Davidson County - The petitioner, Donnell V. Booker,
was denied post-conviction relief by the Criminal Court for Davidson County
from his 2005 convictions for attempted second degree murder and two counts
of aggravated robbery, Class B felonies, and resulting effective sentence
of twenty years. He appeals and contends that he received the ineffective
assistance of trial counsel and that his guilty pleas were not knowingly
and voluntarily entered. We affirm the trial court’s judgment.
State vs David Kyle Gilley - M2006-02600-CCA-R3-CD View
Rutherford County- The defendant, David Kyle Gilley,
appeals from his Rutherford County Criminal Court conviction of premeditated
first degree murder. On appeal, the defendant claims (1) that he experienced
an unreasonable pre-indictment delay, (2) that the trial court erred in
admitting testimony pursuant to Tennessee Rule of Evidence 404(b), (3)
that the conviction is unsupported by sufficient evidence, (4) the trial
court erred in allowing hearsay testimony from two witnesses, (5) that
the trial court erred in denying his motion for a mistrial, (6) that the
trial court erred in allowing the State to question a defense witness
regarding a letter the witness had written that contained a disparaging
remark about a prosecutor in this case, and (7) that the trial court erred
by denying a defense request for a jury instruction regarding the State’s
destruction of evidence. Following our review, in which we address, among
the other issues, the standard of review of hearsay rulings, we affirm
the conviction.
Barry K. Harris vs. State - M2007-02845-CCA-R3-CD View
Williamson County - This matter is before the Court upon
the State’s motion to affirm the judgment of the trial court by
memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The Petitioner appeals the trial court’s denial of his “Motion
for Vacate [sic] of Sentence, Resentencing by Jury.” Upon a review
of the record in this case, we find that the Petitioner failed to satisfy
the applicable statutory timing requirements, and that this case meets
the criteria for affirmance pursuant to Rule 20 of the Rules of the Court
of Criminal Appeals. Accordingly, the State’s
motion is granted and the judgment of the trial court is affirmed.
Ricky Thomas Hughes vs. Roland Olson, Warden - M2008-00931-CCA-R3-HC View
Davidson County - The Petitioner, Ricky Thomas Hughes,
appeals the dismissal of his habeas corpus petition. On appeal, he alleges
that his sentence is void because the trial court failed to comply with
the Sixth Amendment to the United States Constitution and cases interpreting
that provision. After a thorough review of the issues and applicable law,
we affirm the judgment of the habeas court pursuant to Rule 20 of the
Court of Criminal Appeals.
Thomas Jeter vs State - M2007-01229-CCA-R3-PC View
Marshall County - The petitioner, Thomas Jeter, pled
guilty to two multi-count indictments for the possession, sale and delivery
of drugs, and conspiracy to sell and deliver drugs. The petitioner filed
a post-conviction petition for relief alleging the ineffective assistance
of counsel. Specifically, the petitioner argued that his trial counsel
had a conflict of interest which required that his convictions be set
aside. After an evidentiary hearing, the post-conviction court denied
the petitioner relief. On appeal, the petitioner argues that counsel’s
conflict of interest requires reversal of his convictions. Following our
review of the parties’ briefs,
the record, and the applicable law, we affirm the judgment of the post-conviction
court.
State vs. Deonta Baskin - W2007-00909-CCA-R3-CD View
Shelby County - The defendant, Deonta Baskin, was convicted
by a Shelby County jury of attempted first degree murder, a Class A felony,
and aggravated assault, a Class C felony, for shooting a man in the hip
following an altercation. The trial court merged the aggravated assault
conviction into the attempted murder conviction and sentenced the defendant
as a Range I offender to twenty-four years in the Department of Correction.
On appeal, the defendant challenges the sufficiency of the evidence in
support of his attempted murder conviction, arguing that the State failed
to present sufficient proof that the shooting was premeditated. Following
our review, we affirm the judgment of the trial court.
State vs. Samuel McAlister - W2007-01242-CCA-R3-CD View
Madison County - The defendant, Samuel McAlister, pled
guilty in case number 05-228 to two counts of sale or delivery of cocaine,
Class C felonies, and one count of sale or delivery of more than .5 gram
of cocaine, a Class B felony. In case number