The following Opinions are available for download:
Cases posted the week of 12/25/2006
State vs. James Butler - W2006-01300-CCA-R3-CD
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Gibson County - The appellant, James Otis Butler, pled guilty to one count of delivery of over .5 grams of cocaine. As a result, the trial court imposed an eight-year sentence, but ordered the appellant to serve the sentence on probation. Subsequently, several probation violation warrants were issued against the appellant. The trial court held a hearing, at which the appellant was not represented by counsel, and revoked the appellant’s probation. The trial court later rescinded that order and held a second hearing after appointment of counsel. After the second hearing, the trial court again revoked the appellant’s probation and ordered him to serve the remainder of his sentence in incarceration. The appellant argues on appeal that the trial court violated his due process rights by failing to issue written findings of fact, failing to allow counsel to argue on his behalf at the probation revocation hearing, and failing to consider the appellant’s drug and alcohol treatment. We affirm the judgment of the trial court.
State vs. Issac Scott - W2005-02902-CCA-R3-CD View
Shelby County - The Defendant, Issac Scott, was convicted of first degree murder and received a life sentence. On appeal, the Defendant contends that the evidence presented at trial was insufficient to support his conviction. Finding no reversible error, we affirm the judgment of the trial court.
State vs. Tayuana Taylor - W2006-01299-CCA-R3-CD View
Henderson County - The Defendant, Tayuana D. Taylor, appeals the trial court’s re-sentencing decision upon the revocation of her community corrections sentence. The Defendant claims that the trial court erred in sentencing her to the maximum allowable sentence and for not giving her credit for time already served. We conclude the trial court did not err in re-sentencing the Defendant and credit was given for time already served. Accordingly, we affirm the trial court’s judgment.
Corey Adams Kennerly vs State - M2006-00813-CCAR3-HC View
Wayne County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner has appealed the habeas corpus court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas corpus court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
State vs. Daniel Buck - M2005-02818-CCA-R3-CD View
Robertson County - The appellant was convicted following a jury trial of aggravated rape and aggravated sexual battery and received concurrent fifteen and eight year sentences, respectively. The appellant contends that the trial court erred in failing to dismiss these charges based on violation of his right to a speedy trial. Following our review, we affirm the judgment of the trial court.
Faris Adb Al-Ali vs. State - M2006-00144-CCA-R3-PC View
Rutherford County - Petitioner, Faris Adb Al-Ali, was convicted by a Rutherford County jury of rape of a child and received a twenty-two year sentence. The conviction and sentence were affirmed on direct appeal. Petitioner timely filed his pro se post-conviction petition. Following the appointment of counsel and filing of an amended petition, the post-conviction court conducted an evidentiary hearing on the petition. On December 1, 2005, the post-conviction court entered an order dismissing the petition. Petitioner appealed. We affirm the post-conviction court.
Felix Lopez vs. State - M2005-01903-CCA-R3-PC View
Davidson County - Petitioner, Felix Lopez, pled guilty to manslaughter and received a negotiated out-of-range fifteen-year sentence, to be served at sixty percent. Subsequently, petitioner timely filed a post-conviction petition alleging he received the ineffective assistance of counsel. When the post-conviction court denied post-conviction relief, this appeal followed. After careful review of the record, we affirm the judgment of the post-conviction court.
State vs. David Marsh - M2005-02879-CCA-R3-CD View
Rutherford County - Following a jury trial, Defendant, David Marsh, was convicted of two counts of forgery and sentenced to serve three years in the Department of Correction for each offense, to be served concurrently, for an effective sentence of three years. On appeal, Defendant argues that the evidence was insufficient to sustain his convictions for forgery. After a thorough review, the judgments of the trial court are affirmed.
State vs. Tammy Rumbaugh - M2004-02176-CCA-R3-CD View
Wayne County - Following a jury trial, Defendant, Tammy Rumbaugh, was found guilty of reckless aggravated assault, a Class D felony, and vandalism of property valued at between $1,000 and $10,000, a Class D felony. The trial court sentenced Defendant to concurrent sentences of four years for each conviction, six months of which was to be served in the county jail, and the remainder suspended and Defendant placed on probation. In her appeal, Defendant challenges the sufficiency of the convicting evidence, the length of her sentence, and the trial court’s failure to grant her full probation. After review, the judgments of the trial court are reversed in part and remanded in part.
Michael A. Sullivan, on behalf of himself and others similarly situated under T.C.A. 29-21-104 vs. Karen Watson, Et Al - M2005-01061-CCA-R3-HC View
Williamson County - The petitioner, Michael A. Sullivan, filed an application for habeas corpus relief in the Williamson County Circuit Court to challenge his conviction in the Williamson County General Sessions Court for sixth offense driving on a revoked license. He was sentenced to 11 months, 29 days, with all but 65 days suspended on supervised probation. He contends that Tennessee Rule of Civil Procedure 5(c) and Tennessee Code Annotated sections 40-1-109 and 40-3-101 are unconstitutional and should not allow a defendant to waive an indictment. After careful review of the record, we conclude no grounds exist for granting habeas corpus relief and we affirm the judgment of the trial court.
Dainmus T. Hudson vs. State - M2005-02628-CCA-R3-PC View
Robertson County - The petitioner, Dainmus T. Hudson, pleaded guilty in Robertson County Circuit Court to two counts of delivering under 0.5 grams of cocaine in a school zone. He sought post conviction relief, claiming ineffective assistance of counsel and that his plea was involuntary. The court denied his petition, and the petitioner appealed. Because we discern no error in the post-conviction court’s proceedings and because the record supports that court’s determinations, we affirm.
State vs. Albert Neese - M2005-00752-CCA-R3-CD View
(Dissent) - View
Davidson County - The defendant, Albert R. Neese, appeals from jury convictions of two counts of aggravated sexual battery and two counts of rape of a child. The defendant also appeals the imposition of consecutive sentences which totaled twenty-eight years. The issues on appeal include challenges to the admissibility of a videotaped interview of the seven-year-old victim, the defendant’s pastor’s report to the police, and the victim’s statement to a social worker for medical diagnosis and treatment. The remaining issues are the propriety of the jury instructions as to the mens rea elements of child rape and the propriety of consecutive sentences. Having found no reversible error, we affirm the judgments of conviction and sentence as imposed.
Charles E. Robinson vs. State - M2005-02027-CCA-R3-PC View
WIlliamson County - Petitioner, Charles E. Robinson, appeals the post-conviction court’s dismissal of his petition for post-conviction relief. In his appeal, Petitioner argues that his counsel’s assistance at trial was ineffective for failing to request the trial court to charge the jury on the lesser included offense of facilitation. After review, we affirm the judgment of the post-conviction court.
Kevin Taylor vs. State - M2005-02897-CCA-R3-CO View
Davidson County - The Petitioner, Kevin Taylor, filed a petition for writ of error coram nobis alleging that newly discovered evidence mandated a new trial. The Davidson County Criminal Court denied relief concluding, among other things, that the witness who testified in support of the petition was not credible. Upon a review of the record in this case, we conclude the Petitioner was not “without fault” in failing to present this witness at the “proper time” and, additionally, affirm the judgment based upon the trial court’s determination that the witness was not credible. The judgment is affirmed.
State vs. Kenneth W. Snell - M2006-01088-CCA-R3-CD View
Rutherford County - A Rutherford County Circuit Court jury convicted the appellant of reckless aggravated assault and domestic assault, and the trial court sentenced him as a Range I, standard offender to two years for the reckless aggravated assault conviction and to six months for the domestic assault conviction. The trial court ordered that the sentences run concurrently and that the appellant serve the sentences as three years on probation. On appeal, the appellant argues that the trial court abused its discretion by denying his request for judicial diversion. Upon review of the record and the parties’ briefs, we reverse the judgment of the trial court and remand the case for further proceedings consistent with this opinion.
Jose Carrillo vs. State - M2005-02963-CCA-R3-PC View
Davidson County - The petitioner, Jose Carrillo, appeals from the post-conviction court’s denial of post-conviction relief. On appeal, he contends that he received the ineffective assistance of counsel which caused him to enter an unknowing and involuntary guilty plea. Following our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court denying post-conviction relief.
State vs. Wayne Shelton - M2006-01245-CCA-R3-CD View
Bedford County - The Appellant, Wayne Shelton, Jr., appeals the sentencing decision of the Bedford County Circuit Court. Pursuant to a plea agreement, Shelton pled guilty to aggravated assault and attempted arson and received an effective six-year sentence, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the sentence be served in confinement. On appeal, Shelton argues that the court erred in denying him an alternative sentence, specifically community corrections. After review, we affirm.
Corey Kuclo vs. State - M2006-00356-CCA-R3-PC View
Montgomery County - The petitioner, Corey Douglas Kuclo, appeals the dismissal of his petition for post-conviction relief, arguing that his trial counsel was ineffective for failing to file a motion to suppress and by not conducting an adequate investigation. Following our review, we affirm the post-conviction court’s dismissal of the petition.
Johnny McGowan vs. State - M2006-00149-CCA-R3-HC View
(Concur)- View
Davidson County - The petitioner, Johnny McGowan, appeals the habeas corpus court’s orders dismissing his petitions for writs of habeas corpus and error coram nobis. Following our review, we affirm the orders of dismissal.
State vs. Russell House - M2006-00022-CCA-R3-CD View
Sumner County - The defendant, Russell House, was convicted by a Sumner County Criminal Court jury of aggravated perjury, a Class D felony, for lying about his criminal history during his testimony at his probation revocation hearing. The trial court subsequently sentenced him as a Range I, standard offender to two years, with six months to be served in the county jail and the balance of the time on supervised probation. In a timely appeal to this court, the defendant argues that the trial court erred in overruling his motion in limine to exclude the testimony of the probation revocation hearing judge and that the evidence was insufficient to sustain his conviction. Based on our review, we affirm the judgment of the trial court.
Michael Lewis vs. State - M2006-01671-CCA-R3-HC View
Davidson County - This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court’s order summarily dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the trial court is affirmed.
Russell Jensen vs. State - M2006-00249-CCA-R3-PC View
Franklin County - The petitioner, Russell Jensen, appeals from the post-conviction court’s order dismissing his petition for post-conviction relief, raising three issues for our review: (1) whether he was denied the effective assistance of counsel; (2) whether the trial court erred in denying his request for additional time to hire private counsel and refusing to allow his appointed attorney to withdraw; and (3) whether his guilty pleas were knowingly and voluntarily entered. Following our review, we affirm the post-conviction court’s order of dismissal.
State vs. Damiean Tolson - M2005-01085-CCA-R3-CD View
Lawrence County - The defendant, Damiean Devon Tolson, was convicted of first-degree murder and was sentenced to life imprisonment. On appeal, he challenges: (1) the denial of his motion to suppress his statement to law enforcement; (2) the state’s use of a peremptory challenge on an African-American prospective juror; (3) the under-representation of the African-American race in the jury pool; (4) the denial of his motion to preclude a witness’s “prejudicial” testimony; (5) the sufficiency of the convicting evidence; and (6) the denial of his petition for writ of error coram nobis. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Carlos Angel vs. State - M2005-02966-CCA-R3-PC View
Davidson County - The petitioner, Carlos Angel, appeals the denial of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received the effective assistance of trial counsel. Following our review, we affirm the denial of the petition.
State vs. John Anthony Gust - M2006-00846-CCA-R3-CD View
Marshall County - Following a jury trial, the defendant, John Anthony Gust, was convicted of forgery over $1000, a Class D felony, and theft up to $500, a Class A misdemeanor. He was sentenced as a Range I, standard offender to two years for the felony conviction and eleven months, twenty-nine days for the misdemeanor conviction, with the sentences to be served concurrently. On appeal, he argues that the evidence is insufficient to support his convictions. Based upon our review, we affirm the judgments of the trial court.
State vs. Eric Michael Goldman - M2006-00134-CCA-R3-CD View
Marshall County - The appellant, Eric Michael Goldman aka Eric Forrest, was convicted of driving after being declared a habitual motor vehicle offender (Class E felony) and sentenced to four years in the Department of Correction as a multiple offender. He was also found guilty of driving on a revoked license, tenth offense (Class A misdemeanor), which was merged with the conviction for driving as a habitual motor vehicle offender. On appeal, he contends that: (1) the evidence was insufficient to sustain a conviction for the offense of driving after being declared a habitual motor vehicle offender; and (2) the sentence imposed by the trial court is excessive and contrary to the law. After careful review, we conclude that no reversible error exists and affirm the judgments of the trial court.
Michael J. Nunley vs. State - M2005-02257-CCA-R3-PC View
Grundy County - The petitioner, Michael J. Nunley, appeals from the Grundy County Circuit Court’s denial of his petition for post-conviction relief, by which he had challenged his convictions of second degree murder and aggravated robbery. We affirm the post-conviction court’s order.
James Brian Stevens vs. State - M2006-00690-CCA-R3-PC View
Bedford County - The pro se petitioner, James Brian Stevens, appeals the summary dismissal of his petition for post-conviction relief, arguing that the statute of limitations should have been tolled during the time that he spent on probation. Following our review, we affirm the dismissal of the petition as time-barred.
William R. Stevens vs. State - M2005-00096-CCA-R3-PD View
Davidson County - The petitioner, William R. Stevens, appeals the judgment of the Davidson County Criminal Court denying his petition for post-conviction relief. He was convicted in 1999 of two counts of first degree premeditated murder and one count of especially aggravated robbery and sentenced to death for the murder convictions. His convictions and death sentence were affirmed by the Tennessee Supreme Court. See State v. Stevens, 78 S.W.3d 817, 823 (Tenn. 2002), cert. denied, 537 U.S. 1115, 123 S. Ct. 873 (2003). On appeal, the petitioner presents a number of issues: (1) the petitioner was denied his right to due process and a fair hearing when the post-conviction court refused to reset the evidentiary hearing even though counsel had not had time to prepare; (2) trial and appellate counsel were ineffective; (3) the State committed prosecutorial misconduct during the petitioner’s trial; (4) the trial court erred in refusing to sequester prospective jurors during the jury selection process; (5) the evidence is insufficient to support the convictions; (6) imposition of a death sentence violates the petitioner’s constitutional rights; and (7) the rights of Dr. William Kenner were violated when he was not properly compensated for services rendered in this matter. Following our review, we affirm the judgment of the post-conviction court.
David Wayne Hearing vs. State - E2006-00362-CCA-R3-PC View
Greene County - The petitioner, David Wayne Hearing, pled guilty to two counts of first degree felony murder and received concurrent life sentences. He later filed a motion to withdraw his guilty pleas pursuant to Tennessee Rule of Criminal Procedure 32(f). The trial court ordered the petitioner’s motion to be treated as a petition for post-conviction relief, and the petitioner filed an amended petition contending that his guilty pleas were involuntary and unknowing and that he received the ineffective assistance of counsel. The trial court denied the petitioner post-conviction relief. On review, we conclude that the trial court erred in construing the petitioner’s motion to withdraw his guilty pleas as a petition for post-conviction relief. As a result, we reverse the judgment of the trial court and remand for consideration of the petitioner’s motion to withdraw his guilty pleas.
Joseph Franklin Clark vs. State - E2006-01171-CCA-R3-PC View
Hamilton County- The Petitioner, Joseph Franklin Clark, pled guilty to numerous felony and misdemeanor charges of theft, burglary, and possession of drug paraphernalia. The Petitioner filed a timely petition for post-conviction relief, which was later amended by counsel. The trial court orally denied the petition. The Petitioner argues that his plea was not knowingly and voluntarily entered and that he received the ineffective assistance of counsel. We conclude that the trial court did not enter an order or written memorandum containing adequate findings of fact and conclusions of law. We further conclude that the trial court’s oral statements on the record were insufficient to deem the error harmless. Therefore, we remand for the entry of a proper order or written memorandum as required by the Post-Conviction Procedure Act.
State vs. Thomas R. Cook, III - E2005-01664-CCA-R3-CD View
Hamilton County - The appellant, Thomas R. Cook, III, was convicted by a jury of assault, resisting arrest and carrying a dangerous weapon. As a result, the appellant was sentenced to an effective sentence of eleven months and twenty-nine days on probation after the service of thirty days in jail. After the denial of a motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant argues that he was denied the right to testify because of an erroneous evidentiary ruling made by the trial court and that the evidence was insufficient to support his convictions. After a review of the evidence, we conclude that the evidence was sufficient to support the verdict and that the trial court erred in determining that the piece of evidence was admissible. However, because we are unable to determine from the record whether the error was reversible, we affirm the judgment of the trial court.
State vs. Tavarski Childress - W2004-02545-CCA-R3-CD View
Shelby County - Following a jury trial, Defendant, Tavarski Childress, was convicted of first degree felony murder, reckless homicide, and especially aggravated robbery. The trial court merged Defendant’s conviction of reckless homicide with his felony murder conviction, and Defendant was sentenced to life with the possibility of parole for his felony murder conviction. Following a sentencing hearing, the trial court sentenced Defendant to twenty-two years for his especially aggravated robbery conviction, and ordered that this sentence be served consecutively to his life sentence. After filing a petition for post-conviction relief, Defendant was granted a delayed appeal. In his appeal, Defendant argues as plain error that the admission of his co-defendant’s statements to the police during the State’s re-direct examination of Sergeant Shemwell violated his constitutional right of confrontation. Defendant also argues that the trial court erred in imposing consecutive sentencing. After a thorough review of the record, we affirm Defendant’s convictions of first degree felony murder and especially aggravated kidnapping. We affirm the trial court’s judgment as to the length of Defendant’s sentences, but remand for a new sentencing hearing to reconsider whether consecutive sentencing is appropriate.
State vs. Stephen Noe - W2006-00439-CCA-R3-CD View
Shelby County - The Appellant, Stephen Lee Noe, proceeding pro se, appeals the sentencing decision of the Shelby County Criminal Court. Noe pled guilty to one count of statutory rape and, following a sentencing hearing, was placed on a two-year period of probation. On appeal, Noe argues that the trial court erred by not granting judicial diversion. After review, the judgment of the trial court is affirmed.
State vs. Kacy Dewayne Cannon - E2005-01237-CCA-R3-CD View
Hamilton County - The Defendant, Kacy Dewayne Cannon, was convicted of aggravated rape, and the trial court sentenced him to thirty-two and one half years in the Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred when it denied the Defendant’s motion to suppress the identification of his DNA profile from the DNA databank; (2) the trial court erred when it admitted into evidence pantyhose because the State failed to establish a proper chain of custody; (3) the evidence is insufficient to sustain the Defendant’s conviction; (4) his constitutional right to confrontation was violated; (5) the trial court erred when it denied the Defendant’s motion to recuse; and (6) the trial court erred when it sentenced the Defendant. Finding that there exists reversible error with regard to the sentencing of the Defendant, we affirm the conviction and remand for re-sentencing.
State vs. Edgar Bailey, Jr. - E2005-02186-CCA-R3-CD View
Hamilton County - The defendant, Edgar Bailey, Jr., was convicted of first degree premeditated murder and felony murder, which the trial court merged together; three counts of aggravated assault, Class C felonies; and setting fire to personal property, a Class E felony. He was sentenced to life imprisonment for the murder conviction, five years for each aggravated assault conviction, and eleven months, twenty-nine days for the setting fire to personal property conviction, with all sentences to be served concurrently. On appeal, he argues: (1) the trial court erred in denying his motion to suppress; (2) the evidence is insufficient to support his convictions; (3) the trial court erred in allowing expert testimony from a police officer; (4) the trial court erred in allowing a witness’s tape-recorded statement after the witness testified that he could not recall the incident; (5) the trial court erred in allowing a photograph of the deceased victim into evidence; and (6) the trial court erred in not instructing the jury on the natural and probable consequences rule for first degree murder and felony murder. Following our review, we reverse the conviction for first degree premeditated murder and remand for a new trial; affirm the remaining convictions, including that for felony murder; and remand for resentencing as to the conviction for setting fire to personal property because the trial court erroneously considered the offense a Class A misdemeanor, rather than a Class E felony.
State vs. Marcellus Hurt - W2006-00191-CCA-R3-CD View
Madison County - The Appellant, Marcellus Hurt, was convicted by a Madison County jury of three counts of misdemeanor theft, two counts of burglary of a vehicle, one count of felony vandalism over $500, one count of possession of burglary tools, and one count of misdemeanor evading arrest. As a result of these convictions, Hurt received an effective sentence of six years, eleven months, and twenty-nine days in confinement. On appeal, Hurt raises two issues for our review: (1) whether the evidence is sufficient to support his convictions for burglary of a vehicle and possession of burglary tools; and (2) whether his sentence is excessive. Following review of the record, we affirm the convictions and sentences as imposed.
Cases posted the week of 12/18/2006
State vs. Mitchell Lee Blankenship - E2005-02753-CCA-R3-CD View
Sevier County - The defendant, Mitchell Lee Blankenship, was convicted of aggravated assault with a deadly weapon, a Class C felony, and sentenced as a Range I, standard offender to five years, with one year to serve in confinement. On appeal, he argues that the evidence is not sufficient to support his convictions and that the trial court erred in sentencing by improperly weighing enhancement factors, not applying mitigating factors, and not granting him full probation. We conclude that the evidence is sufficient. Although the trial court erred in applying the multiple victims enhancement factor, we conclude that the sentence imposed by the trial court was justified. We affirm the judgment of the trial court.
Harold Tolley vs. State - E2005-02260-CCA-MR3-PC View
Unicoi County - The petitioner, Harold Tolley, 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. Following our review of the record and the parties’ briefs, we affirm the court’s denial of post-conviction relief.
State vs. Carl Wesley Carter - E2006-00560-CCA-R3-CD View
Blount County - The appellant, Carl Wesley Carter, pled guilty in the Blount County Circuit Court to domestic assault, a Class A misdemeanor, and the trial court sentenced him to eleven months, twenty-nine days to be served as thirty days in jail and the remainder on supervised probation. Subsequently, the trial court revoked the appellant’s probation and ordered that he serve his sentence in confinement. On appeal, the appellant claims that the trial court abused its discretion by revoking his probation. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. Nathaniel Benton - W2005-02539-CCA-R3-HC View
Lake County - The Petitioner, Nathaniel Benton, a/k/a, Nathan Gray filed a pro se petition for a writ of habeas corpus. The habeas court denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner contends that his conviction and subsequent sentence for being a habitual criminal is void because the underlying convictions upon which the habitual criminal conviction is based are void. Finding no reversible error, we affirm the judgment of the habeas court.
State vs. Myrna Jill Johnson Halle - W2006-00195-CCA-MR3-CD View
Tipton County - The Defendant, Myrna Jill Johnson Halle, was convicted of reckless aggravated assault and received an effective sentence of twelve years in prison to be served at sixty percent. On appeal, the Defendant contends that: (1) the evidence was insufficient to support her conviction and established that the Defendant acted in self-defense; and (2) the trial court erred when it sentenced her. Finding no reversible error, we affirm the judgment of the trial court.
State vs. Willie Johnson - W2005-01722-CCA-R3-PCV View
Madison County - The petitioner, Willie Johnson, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his conviction of burglary and theft over $500, for which he is serving eight years. He was sentenced to eight years on the burglary conviction and four years for theft, to be served concurrently. The petitioner claims he received ineffective assistance of counsel and argues that his attorney: (1) failed to provide him a list of the grand jurors who indicted him, including their racial make-up; (2) failed to consult him on every peremptory challenge; (3) failed to advise him to testify on his own behalf; (4) failed to persuade him to wear something other than his prison uniform at trial; and (5) failed to fully investigate and interview the witnesses in his case. After careful review, we conclude that no basis to grant relief exists, and we affirm the post-conviction court.
State vs. Michael Rimmer - W2004-02240-CCA-R3-DD View
Shelby County - Capital Appellant Michael Dale Rimmer appeals as of right his sentence of death resulting from the 1997 murder of Ricci Ellsworth. In November 1998, Appellant Rimmer was convicted of theft of property, aggravated robbery and premeditated first degree murder. He was sentenced to death for the murder conviction. On direct appeal, a panel of this Court affirmed Appellant Rimmer’s convictions but, concluding that the sentencing verdict was “enigmatic and uncertain,” vacated the sentence of death and remanded for a new sentencing hearing. See State v. Michael D. Rimmer, No. W1999-00637-CCA-R3-DD, 2001 WL 567960, at *1 (Tenn. Crim. App., at Jackson, May 25, 2001). Accordingly, the case was remanded to the Criminal Court for Shelby County for re-sentencing. At the conclusion of the re-sentencing hearing in January 2004, the jury found the presence of one statutory aggravating circumstance, i.e., that the defendant was previously convicted of one or more felonies whose statutory elements involved the use of violence to the person, T.C.A. § 39-13-204(i)(2) (1997). The jury further determined that the aggravating circumstance outweighed the mitigating circumstances beyond a reasonable doubt and imposed a sentence of death. The trial court approved the sentencing verdict. Appellant Rimmer timely appeals presenting for our review the following issues: (1) whether the trial court erred in denying the motion for recusal; (2) whether the trial court erred in denying the motion for a continuance; (3) whether the trial court erred in excluding mitigation evidence; (4) whether the prosecutor engaged in misconduct; (5) whether the jury instruction on reasonable doubt was error; (6) whether the Appellant knowingly and voluntarily waived his right to testify; (7) whether it was error for the jury to be informed that the Appellant had been on “death row;” (8) whether the jury verdict was complete; (9) whether cumulative error requires reversal; and (10) whether the Tennessee death penalty statutes are constitutional. After review, we find no error of law requiring reversal. Accordingly, we affirm the jury’s imposition of the sentence of death in this case.
State vs. Stephen Lamb - W2005-02953-CCA-R3-CD View
Madison County - The Appellant, Stephen D. Lamb, was convicted by a Madison County jury of burglary, a Class D felony, and the misdemeanor offenses of possession of burglary tools and evading arrest. Lamb received an eight-year sentence for burglary and an eleven month and twenty-nine day sentence for each misdemeanor conviction. The misdemeanor sentences were ordered to run concurrently with each other but consecutively to the felony conviction. On appeal, Lamb raises the following issues for our review: (1) whether the trial court erred in failing to suppress certain items found in Lamb’s possession at the time of his arrest; (2) whether the trial court erred in admitting a police videotape; (3) whether the evidence is sufficient to support his convictions; and (4) whether Lamb’s sentence for burglary is excessive and whether the imposition of consecutive sentences is warranted. After review, the judgments of conviction and resulting sentences are affirmed.
State vs. Tulinague Thandiwe - W2005-02087-CCA-R3-CD View
Shelby County - The Appellant, Tulinague Thandiwe, proceeding pro se, appeals the sentencing decision of the Shelby County Criminal Court which resulted in the imposition of an eight-year sentence of incarceration. On appeal, Thandiwe challenges the trial court’s denial of alternative sentencing. After review of the record, we affirm the judgment of the trial court.
State vs. Daniel Darrell Inman - E2005-01010-CCA-R3-CD View
A Blount County Circuit Court jury convicted the defendant, Daniel Darrell Inman, of one count of arson, a Class C felony. The trial court sentenced the defendant to four years to be served in the Department of Correction as a Range I, standard offender. The defendant appeals, claiming that the trial court erred (1) in advising the defendant’s father of his constitutional rights under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966), with the jury present and telling the jury that the defendant’s father had also been indicted for events related to the arson, (2) in allowing the admission of photographs, (3) in refusing to allow a juror to testify about the jury’s use of photographs, (4) in denying the defendant’s motion for a mistrial because the jury foreman knew the brother of the prosecutor, and (5) in allowing the impeachment of a defense witness through the use of prior inconsistent statements. We conclude that the trial court erred in telling the jury the defendant’s father had been indicted and in allowing the admission of extrinsic evidence but that the errors were harmless. We affirm the judgment of the trial court.
State vs. Marcus Lashown White - E2005-02575-CCA-R3-CD View
Blount County - The defendant, Marcus Lashown White, pled guilty to aggravated assault, a Class C felony. The plea agreement specified that the defendant was a Range I, standard offender and that the term of sentence was six years, the maximum within the range. The manner of service was to be determined after the sentencing hearing. At sentencing, the trial court denied any alternative sentence. The defendant now appeals. We conclude that the evidence presented at the sentencing hearing was sufficient to rebut the defendant’s presumptive eligibility for alternative sentencing. After thorough review, we affirm the judgment of the trial court.
State vs. Mario Antwan Fulgham - E2005-02346-CCA-R3-CD View
Hamilton County - The defendant, Mario Antwan Fulgham, was convicted of facilitation of first degree murder, attempted especially aggravated robbery, and attempted aggravated robbery–Class A, B, and C felonies respectively–and sentenced as a Range I, standard offender to concurrent terms of twenty- four, ten, and five years in the Department of Correction. On appeal, he argues that the trial court erred by denying his motion to suppress statements he made to law enforcement and that the State improperly quoted a Biblical scripture in its closing argument. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgments to reflect that the defendant was convicted by a jury rather than by pleading guilty, as the judgments now reflect.
Cases posted the week of 12/11/2006
State vs. Demetrius Holmes - E2006-00393-CCA-R3-CD View
Knox County - The defendant, Demetrius Holmes, was convicted of facilitation of aggravated robbery and sentenced to six years in the Tennessee Department of Correction as a standard offender. On appeal, he challenges the length of the sentence imposed by the trial court. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
State vs. David Lee Bishop - E2005-02675-CCA-R3-CD View
Grainger County - The defendant, David Lee Bishop, was convicted at a jury trial in the Grainger County Circuit Court of four counts of rape of a child, a Class A felony. The defendant was sentenced to serve twenty-five years for each conviction, with the sentences imposed consecutively, for an effective 100-year sentence. The trial court later granted the defendant’s request to modify the sentence and imposed twenty-year sentences, for an effective eighty-year sentence. The defendant then filed this appeal from the modified sentences, in which he contends that the trial court erred in enhancing the sentences and in imposing consecutive sentences. Because the record before us is inadequate for review of the issue, we affirm the judgments of the trial court.
Timothy E. Higgs vs. State - E2005-02712-CCA-R3-HC View
Morgan County - The petitioner, Timothy E. Higgs, appeals from the criminal court’s denial of his petition for writ of habeas corpus. On appeal, he essentially argues that his sentence of ten years as a persistent offender is illegal because the state did not timely file a notice to seek an enhanced punishment, and he did not have the requisite number of prior convictions to qualify as a persistent offender. Following our review of the parties’ briefs and applicable law, we affirm the criminal court’s judgment.
State vs. Richard Austin - W2005-02591-CCA-R3-CO View
Shelby County - The petitioner, Richard Hale Austin, was sentenced to death by a Shelby County jury on March 5, 1999. In October 2004, the petitioner’s counsel filed a petition for writ of error coram nobis on the basis of newly discovered evidence in the form of recanted testimony. Without holding an evidentiary hearing, the coram nobis court dismissed the petition, and the petitioner now brings this appeal challenging the action. Upon review, we affirm the judgment of the lower court.
State vs. John Saulsberry - W2005-02973-CCA-R3-HC View
Aggrieved of the Lauderdale County Circuit Court’s summary dismissal of his petition for habeas corpus relief, the petitioner, John E. Saulsberry, appeals. The habeas corpus court denied the petition, finding that the petitioner’s negotiated plea agreement was valid because “[his] voluntary guilty plea waive[d] any irregularity as to offender classification or release eligibility,” that the petitioner’s sentences had not expired, and that the trial court had jurisdiction to sentence the petitioner. We affirm the lower court’s order of dismissal.
State
vs. Steven and Tammy Geyer - W2005-02697-CCA-R3-CD View
Hardeman County - The Appellants, Steven Thomas
Geyer and his wife, Tammy Syvilla Geyer, were convicted by a
Hardeman County jury of multiple offenses arising during the
drive home from their children’s school
Christmas pageant. Appellant Steven Geyer was convicted of DUI,
child endangerment, and driving on a suspended license. Appellant
Tammy Geyer was convicted of reckless endangerment. On appeal,
the appellants raise three issues for review: (1) whether the
trial court erred by prohibiting the appellant’s questioning
of a witness regarding an obsolete law; (2) whether the trial
court erred in excluding a defense photograph due to the appellants’ failure
to comply with the reciprocal discovery requirements of Rule
16, Tenn. R. Crim. P.; and (3) whether the trial court erred
by not filing a written order on a pre-trial Rule 16 discovery
motion. After a review of the record, we affirm.
Greg Harris vs. State - E2006-00406-CCA-R3-PC View
The petitioner, Gregg Harris, was convicted by a Sullivan
County jury of criminal conspiracy to sell or deliver more than
300 grams of cocaine, a Class A felony; possession of more
than 300 grams of cocaine for resale within 1,000 feet of
a school, a Class A felony; and two counts of possession
of drug paraphernalia, Class A misdemeanors. He received
an effective sentence of fifty years. Petitioner filed a
petition for post-conviction relief. The trial court dismissed
the petition without the appointment of counsel and without
a hearing. In this appeal, he challenges the trial court’s
dismissal of his petition. Following our review, we affirm
the dismissal.
State vs. Anthony Dean - W2005-02319-CCA-R3-PC View
Shelby County - The Petitioner, Anthony H. Dean, appeals as of right from the judgment of the Shelby County Criminal Court denying post-conviction relief. In 2000, a jury convicted the Petitioner of aggravated rape, and he was sentenced to forty years as a violent offender. This Court affirmed his conviction and sentence on direct appeal. Subsequently, the Petitioner filed a petition for post-conviction relief and several amendments thereto. Following multiple hearings, the post-conviction court denied relief, and he now appeals to this Court. In this appeal, he raises nine issues which, in substance, relate to the following two claims: (1) violation of his constitutional rights when he was not taken timely before a magistrate and (2) ineffective assistance of counsel. After a review of the record, we affirm the judgment of the post-conviction court denying relief.
State vs. Stanley Blackwood - W2005-01548-CCA-R3-PC View
Madison County -The petitioner, Stanley F. Blackwood, appeals the Madison County Circuit Court’s denial of his petition for post-conviction relief from his convictions of first degree murder, three counts of attempted first degree murder (Class A felony), five counts of aggravated assault (Class C felony), two counts of reckless endangerment (Class E felony), and one count of aggravated burglary (Class C felony ), for which he now serves a life sentence plus twenty-two years. The petitioner claims he received ineffective assistance of counsel at trial because his attorney: (1) acknowledged to the jury in opening statements that the petitioner shot the victim; (2) characterized the petitioner’s version of events as “bizarre,” undermining his credibility with the jury; (3) failed to fully investigate the possibility that the handgun discharged accidentally; and (4) failed to object to a prejudicial jury instruction. We find no basis to grant relief and affirm the post-conviction court’s denial of relief.
State vs. Walter Starnes - W2006-01634-CCA-R3-HC View
Lake County - The Petitioner, Walter D. Starnes, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State’s motion and affirm the judgment of the lower court.
State vs. Marlon Thomas - W2006-01157-CCA-R3-HC View
Hardeman County - The Petitioner, Marlon Thomas, appeals the trial court's denial of his petition for habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State’s motion and affirm the judgment of the lower court.
James Matthew Gray vs. State - M2005-02142-CCA-R3-PC View
Davidson County - The petitioner, James Matthew Gray, pled guilty in the Davidson County Criminal Court to a charge of reckless homicide. He was sentenced to twelve years in the Department of Correction as a career offender with a release eligibility of sixty percent. He was originally indicted on two counts: (1) felony murder, and (2) especially aggravated robbery. As part of his plea agreement, he agreed to plead out of range of his offender status. On appeal, he argues that his guilty plea was involuntary and unknowingly entered because he asserts that he received ineffective assistance of counsel. After careful review, we conclude that the petitioner has not met his burden of showing that he received ineffective assistance of counsel by clear and convincing evidence and, further, that he has not shown that his plea was involuntary and unknowing. No grounds for relief exist, and the judgment of the post-conviction court is affirmed.
Jamie Nicole Ferrell vs. State - M2005-01940-CCA-R3-PC View
Davidson County - Petitioner, Jamie Nicole Ferrell, appeals the post-conviction court’s dismissal of her petition for post-conviction relief in which she alleged that her pleas of guilty were not voluntarily and knowingly entered into. After a thorough review of the record, we affirm the judgment of the post-conviction court.
Cases posted the week of 12/04/2006
State vs. Harold Hack - W2005-02801-CCA-R3-CD View
A Madison County jury convicted the Defendant, Harold Hack, of three counts of vehicular homicide, one count of aggravated assault, one count of felony reckless endangerment, and one count of violating the open container law. For these convictions, the Defendant received an effective sentence of twenty-four years as a Range I, standard offender to be served in the Department of Correction. In this direct appeal, the Defendant challenges the sufficiency of the evidence and contends that his sentence is excessive. After a review of the record, we affirm the judgments of the trial court.
State vs. Mark Tomlin - W2005-02043-CCA-R3-PC View
Dyer County - The Petitioner, Mark Tomlin, pled guilty to one count of possession of under 0.5 grams of cocaine with intent to sell. The Petitioner petitioned for post-conviction relief claiming that he had received the ineffective assistance of counsel. The post-conviction court dismissed the post-conviction petition, and we affirm that judgment.
State vs. Antonio Bonds - W2006-00343-CCA-R3-CO View
Shelby County - The Appellant, Antonio Bonds, who is currently serving a sentence of life imprisonment for first degree murder, appeals the Shelby County Criminal Court’s dismissal of his petition for writ of error coram nobis. The trial court summarily dismissed Bonds’ petition upon grounds that it was barred by the statute of limitations. On appeal, Bonds asserts that the trial court erred in dismissing the petition as barred by the statute of limitations without first making a determination of whether due process should toll the statute. Following review of the record, we affirm the dismissal.
State vs. Ronald Crook - W2005-02476-CCA-R3-CD View
Shelby County - The Appellant, Ronald Crook, was convicted by a Shelby County jury of driving under the influence (DUI), first offense, and reckless driving. As a result of these convictions, Crook received concurrent sentences of eleven months, twenty-nine days with service of four days for each conviction. On appeal, Crook argues that the evidence is insufficient to support his convictions and that his sentences are excessive. After review, the judgments of conviction and resulting sentences are affirmed.
State vs. James McCurry - W2005-01521-CCA-R3-PC View
Madison County - The Appellant, James Anthony McCurry, appeals the Madison County Circuit Court’s dismissal of his petition for post-conviction relief in which he asserts that his conviction for misdemeanor evading arrest is voidable because of an abridgement of his Sixth Amendment right to the effective assistance of counsel. After review of the record, we affirm the post-conviction court’s judgment.
State vs. David Boyd Conner, Jr. - M2005-01628-CCA-R3-CD View
(Concur) - View
Davidson County - The defendant appeals his convictions of seven counts of aggravated sexual battery, alleging error in the following respects: 1) the evidence was insufficient to support the convictions; 2) the trial court erred in the defendant’s motion for severance; and 3) the trial court erred in admitting into evidence the videotaped statement of the defendant’s interview. Our review revealed no reversible error, and the convictions are hereby affirmed.
State vs. Troy Brooks - M2006-00459-CCA-R9-CD View
Wilson County - The Defendant, Troy Brooks, who was formerly a licensed attorney in the State of Tennessee, was indicted by a grand jury in Wilson County for five counts of theft over $10,000, four counts of theft over $1000, six counts of fraudulent use of a credit card in the amount of $1000 to $10,000, and one count of fraudulent use of a credit card in the amount of over $500. The offenses arose from the Defendant’s misuse of nine clients’ trust monies and credit card accounts during the course of several months. The Defendant requested pretrial diversion, and the district attorney general denied the Defendant’s request. The Defendant filed a petition for writ of certiorari to the Wilson County Criminal Court, alleging that the district attorney general abused his discretion by denying pretrial diversion. The trial court denied the Defendant’s petition. The Defendant filed a motion for interlocutory appeal of the trial court’s decision, and this Court granted the Defendant’s motion. This Court now affirms the judgment of the trial court and concludes that the district attorney general did not abuse his discretion by denying pretrial diversion.
State vs. Adam Sanders - M2005-02185-CCA-R3-CD View
Marion County - The defendant, Adam Sanders, was convicted by a Marion County Circuit Court jury of two counts of rape of a child, a Class A felony, one count of aggravated sexual battery, a Class B felony, and two counts of incest, a Class C felony. The trial court sentenced him to twenty years for each of the rape convictions, three years for each of the incest convictions, and eight years for the aggravated sexual battery conviction and ordered that the rape sentences be served consecutively to each other, for an effective sentence of forty years at 100% in the Department of Correction. Following the denial of his motion for a new trial, the defendant filed a timely appeal to this court in which he raises essentially four issues: (1) whether the trial court erred in denying his motion to suppress his statement to police; (2) whether the evidence was sufficient to sustain his convictions for rape of a child and incest; (3) whether the trial court erred in denying his motion for a new trial based on new evidence in support of his motion to suppress; and (4) whether the trial court erred in sentencing him to twenty years for each rape conviction and in ordering that the rape sentences be served consecutively. Following our review, we affirm the judgments of the trial court.
Donald Wade Goff vs. State - E2005-02606-CCA-R3-PC View
Campbell County - Petitioner, Donald Wade Goff, was convicted following a November 2001 jury trial on two counts of rape of a child, eleven counts of incest, nine counts of rape, seven counts of contributing to the delinquency of a minor, and one count of attempted rape. The trial court imposed an eighty-year sentence. On direct appeal, the sentence was modified to fifty-six years based upon this Court’s dismissal of the nine rape counts due to lack of evidence of force or coercion. Petitioner subsequently filed a post-conviction petition on August 9, 2004. After the appointment of counsel and the filing of an amended petition, the post-conviction court conducted an evidentiary hearing. Following the hearing, the post-conviction court dismissed the petition. Petitioner filed this appeal claiming the post-conviction court erred in denying his post-conviction petition. Upon our review, we affirm the post-conviction court.
State vs. Milton Moreno - E2005-02567-CCA-R3-CD View
Hawkins County - The defendant, Milton Moreno, pled guilty to possession of over .5 grams of cocaine with intent to deliver, a Class B felony, and was sentenced as a Range I, standard offender to eight years in the Department of Correction. As a condition of his guilty plea, he reserved a certified question of law pursuant to Rule 37(b)(2)(A) of the Tennessee Rules of Criminal Procedure: whether the stop of the defendant’s vehicle and the seizure of his person, resulting from a police officer’s monitoring a telephone conversation, was lawful. Following our review, we conclude that the certified question is not dispositive of the defendant’s case and dismiss the appeal.
State vs. Maurice Pruitt - W2005-01919-CCA-R3-PC View
Gibson County - The petitioner, Maurice Pruitt, was convicted of the sale of one-half gram or more of cocaine, a Class B felony, and was sentenced to 18 years in prison. He filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel. The trial court dismissed his petition. We affirm the judgment of the trial court.
State vs. Dwight Morton Spence - M2006-00133-CCA-R3-CD View
Marshall County - The appellant, Dwight Morton Spence, pled guilty in the Marshall County Circuit Court to two counts of manufacturing a Schedule VI controlled substance and two counts of possession of drug paraphernalia and received an effective five-year sentence. On appeal, he claims that the trial court should have ordered him to serve his sentences on community corrections. Upon review of the record and the parties’ briefs, we affirm the judgments of the trial court.
William B. Robinson vs. State - M2005-01122-CCA-R3-PC View
Davidson County - The petitioner, William B. Robinson, appeals the post-conviction court’s denial of post-conviction relief. On appeal, he argues that (1) the trial court’s giving an instruction on first-degree murder was plain error, and (2) the post-conviction court erred in denying post-conviction relief because he received the ineffective assistance of counsel. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Walter Edward Young - M2006-00137-CCA-R3-CD View
Montgomery County - This matter is before the Court upon the Defendant’s appeal from an order of the trial court denying the Defendant’s motion to withdraw his guilty plea. The State argues that the appeal should be dismissed because the Defendant, Walter Edward Young, did not timely file his notice of appeal. We agree that the notice of appeal was not timely filed. We also conclude that the interest of justice does not require that the timely filing of the notice of appeal be waived. Accordingly, this appeal is dismissed.
Nathaniel Williams vs. State - M2006-01530-CCA-R3-HC View
Wayne County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner has appealed the habeas court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
James A. Hampton vs. State - M2006-01238-CCA-R3-HC View
Hickman County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner has appealed the habeas court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
Terrance Turner vs. State - M2006-01288-CCA-R3-HC View
Davidson County - This matter is before the Court upon the State’s motion to affirm the judgment of the habeas court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The Petitioner has appealed the habeas court’s order dismissing the petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded that the habeas court was correct in dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted and the judgment of the habeas corpus court is affirmed.
State vs. Wanda Booker - M2005-02788-CCA-R3-CD View
Maury County - The State appeals the trial court’s suppression of the evidence seized from the defendant’s home pursuant to a search warrant. We conclude that the deficiencies in the confidential informant’s basis of knowledge and proof of veracity were cured by independent police corroboration. We reverse the trial court’s suppression of evidence and remand for trial.
State vs. Billy L. Hall - M2005-02862-CCA-R3-CD View
Marion County - The defendant, Billy L. Hall, was convicted of driving under the influence and possessing a handgun while under the influence of alcohol. On appeal, he challenges the sufficiency of the convicting evidence. Upon our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State vs. Toney Conn - M2005-02899-CCA-R3-CD View
Davidson County - The appellant, Toney L. Conn, was convicted of possession with intent to sell or deliver twenty-six grams or more of a schedule II controlled substance (cocaine), felony possession of a handgun, possession of drug paraphernalia, and possession of a controlled substance (marijuana). Pursuant to the grant of a delayed appeal by the post-conviction court, the appellant seeks a new trial in connection with his convictions. On appeal, he presents three issues for review: (1) whether the trial court erred in denying his motion to suppress; (2) whether the trial court erred in hearing the motion to suppress after the trial had begun; and (3) whether the evidence at trial was sufficient to support his convictions. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court.
State vs. Audra Lynn Johnson - M2005-02855-CCA-R3-CD View
Montgomery County - The Appellant, Audra Lynn Johnson, entered a best interest plea and reserved for appeal a certified question of law: whether the trial court possessed territorial jurisdiction to try the out-of-state defendant. We conclude that the trial court lacked territorial jurisdiction.
State vs. Mary Ann McNeilly - M2005-01284-CCA-R3-CD View
(Dissent) - View
A Franklin County Circuit Court jury convicted the appellant, Mary Ann McNeilly, of driving under the influence (DUI), a Class A misdemeanor. The trial court sentenced her to eleven months and twenty-nine days, to be suspended after serving ten days in confinement; imposed a three hundred fifty dollar fine; ordered that she perform one hundred hours of public service; and suspended her driver’s license for one year. On appeal, the appellant claims (1) that the trial court should have suppressed her statement to a police officer; (2) that the trial court improperly allowed the State to replay a videotape of the appellant’s stop for the jury; (3) that the trial court improperly admitted the appellant’s blood test results into evidence because the State failed to establish a proper chain of custody; (4) that the trial court erred by refusing to allow defense witnesses to testify about the appellant’s character; (5) that the evidence is insufficient to support the conviction; (6) that her sentence is excessive; and (7) that these cumulative errors denied the appellant her right to a fair trial. Upon review of the record and the parties’ briefs, we affirm the appellant’s conviction but modify her sentence to reflect that she is to serve five days in confinement and remand the case for entry of an amended judgment.
State vs. Antonio Rico Walls - M2005-02898-CCA-R3-CD View
Montgomery County- The petitioner pled guilty to three counts of selling cocaine over .5 grams within 1000 feet of a school. He was also convicted in a jury trial of a fourth count for the same offense. The trial court sentenced the petitioner to fifteen years for each conviction to run concurrently. The petitioner was unsuccessful on his direct appeal and appeal of a certified question. The petitioner timely filed a petition for post-conviction relief arguing that his rights of equal protection were violated. The post-conviction court denied the petition. We affirm the judgment of the post-conviction court.
Alonzo C. Williams vs. State - M2006-01681-CCA-R3-HC View
Wayne 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, Rules of the Court of Criminal Appeals. The petitioner, Alonzo Williams, has appealed the trial court’s order summarily dismissing his petition for the writ of habeas corpus. In that petition, the petitioner sought a writ of habeas corpus to release him from his sentence. We are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State’s motion is granted, and the judgment of the trial court is affirmed.
State vs. William Clay Bohanan, Jr. - M2005-01205-CCA-R3-CD View
Davidson County - The defendant, William Clay Bohanan, Jr., was convicted by a Davidson County jury of two counts of first degree felony murder and one count of aggravated arson. The trial court sentenced the defendant to concurrent life sentences for each felony murder conviction and imposed a consecutive 20-year sentence for the aggravated arson conviction. On appeal, the defendant complains that the evidence is insufficient to support his convictions and that the trial court erred in admitting testimony of domestic violence between the defendant and a woman with whom the defendant was involved. After thoroughly reviewing the record and the applicable authorities, we hold that no error exists and affirm the defendant’s convictions.
Robby Lynn Davidson vs. State - M2005-02270-CCA-R3-PC View
A Pickett County jury convicted the Petitioner, Robby Lynn Davidson, of two counts of second degree murder. The trial judge imposed two twenty-five year sentences to be served consecutively in the Department of Correction. On direct appeal, the Petitioner challenged both his convictions and his sentences, and this Court affirmed both. The Petitioner now requests post-conviction relief, alleging that he received the ineffective assistance of trial counsel and that the State committed prosecutorial misconduct. We conclude that the Petitioner is not entitled to relief based on ineffective assistance of counsel and that the Petitioner’s claims of prosecutorial misconduct have been waived by failure to present them on direct appeal. Therefore, we affirm the judgment of the trial court.
State vs. Jose Luis Bautista Ramirez - E2006-00003-CCA-R3-CD View
Hamblen County - The appellant, Jose Luis Bautista Ramirez, pled guilty in the Hamblen County Criminal Court to the facilitation of the sale or delivery of .5 grams or more of cocaine, a Schedule II controlled substance. The appellant received a sentence of three years incarceration in the Tennessee Department of Correction. As part of his plea agreement, the appellant reserved the following certified question of law: whether there was “a lack of unequivocal, specific, intentionally given consent for the search of the [appellant’s] residence.” Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Derrick Richardson vs. State - E2005-00817-CCA-R3-HC View
Bledsoe County - The petitioner, Derrick Richardson, appeals from the trial court’s order dismissing his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
Cases posted the week of 11/27/2006
State vs. Montgomery Hilton Garner - E2006-00632-CCA-R9-CD View
Hamilton County - The defendant, Montgomery Hilton Garner, appeals by permission of the trial and appellate courts pursuant to Tennessee Rule of Appellate Procedure 9. The trial court granted a mistrial during the defendant’s trial for attempted first degree murder and domestic aggravated assault. The defendant claims that double jeopardy bars his retrial. We hold that no manifest necessity existed for the mistrial and that double jeopardy bars retrial. We reverse the trial court and remand the case for dismissal of the charges.
State vs. Avis Neal - W2004-01354-CCA-R3-PC (Filed July 18, 2005) View
Shelby County - The petitioner, Avis N. Neal, appeals as of right from the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. He seeks relief from his jury conviction for rape of a child and resulting sentence of twenty years in confinement. In this appeal, the petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court.
David Brimmer vs. State - E2005-02328-CCA-R3-PC View
Anderson County - The petitioner, David Brimmer, filed in the Anderson County Criminal Court a petition for post-conviction relief, alleging that the trial court allowed him to plead guilty to aggravated kidnapping when he had not been indicted for that offense and that the trial court improperly sentenced him under the 1989 Sentencing Act. The post-conviction court denied the petition. On appeal, the petitioner contends that the post-conviction court erred in denying the petition without conducting an evidentiary hearing. Upon our review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Anthony Dewayne Alston - W2006-00542-CCA-R3-CD View
Tipton County - The appellant, Anthony Alston, was indicted with possession of more than .5 grams of cocaine with the intent to deliver and felony possession of cocaine. The appellant pled guilty to the charges, but agreed to allow the trial court to determine the length and manner of service of the sentence. After a sentencing hearing, the trial court merged the two convictions and imposed a sentence of nine years for possession with intent to deliver more than .5 grams of cocaine. Further, the trial court ordered the nine-year sentence to run consecutively to a sentence for which the appellant was on Community Corrections at the time of the current offense. The appellant appeals, arguing that the trial court improperly enhanced his sentence. For the following reasons, we affirm the judgment of the trial court.
State vs. Andre Dotson - W2005-01594-CCA-R3-CD View
(Dissent) - View
Shelby County - The defendant, Andre Dotson, appeals from his 2005 Shelby County Criminal Court jury convictions on two counts of aggravated robbery and two counts of robbery. On appeal, the defendant claims that the trial court erred (1) in joining four indictments for trial, (2) in severing, on the morning of trial, the charges against a co-defendant, (3) in excluding the co-defendant’s pretrial statement as evidence offered by the defendant, (4) in failing to hold that the evidence was insufficient to support three of the convictions, (5) in denying the defendant’s motion to allow him to sit with his attorney at the counsel table, (6) in failing to instruct the jury as to the shortcomings of eyewitness testimony, and (7) in sentencing the defendant as a multiple offender on two convictions and as a persistent offender on two convictions. We reverse one conviction of robbery but affirm the court’s judgments, as modified.
Christopher A. White - E2005-00841-CCA-R3-PC View
Blount County- The petitioner seeks post-conviction relief from his Blount County Circuit Court conviction for aggravated assault and sentence of ten years as a Range II, multiple offender. The trial court dismissed the petition for post-conviction relief. In this appeal, the petitioner contends that he received the ineffective assistance of counsel because his trial counsel failed to call the victim’s doctor to refute the serious bodily injury element of aggravated assault. We conclude that the trial court did not err in denying relief.
State vs. Arthur R. Brooks - E2006-00013-CCA-R3-CD View
Knox County - The defendant, Arthur R. Brooks, pled guilty pursuant to a plea agreement in the Knox County Criminal Court to three counts of robbery, a Class C felony. The defendant was sentenced as a Range I, standard offender to six years for each conviction, to be served concurrently, with the trial court to determine the manner of service of the sentences. After a sentencing hearing, the trial court ordered that the defendant serve his sentences in confinement. The defendant appeals, claiming that the trial court erred in denying him alternative sentencing. We affirm the judgments of the trial court.
State vs. Grady Wayne Mealer - M2006-00457-CCA-R3-CD View
A Marshall County grand jury returned two indictments against the Defendant, Grady Wayne Mealer, case numbers 16719 and 16721. The Defendant entered open pleas to both indictments. He pled guilty, in case number 16719, to four counts of burglary, two counts of Class A misdemeanor theft, and one count of possession of burglary tools and, in case 16721, to one count of driving on a revoked license. Following a joint sentencing hearing, the trial court ordered the Defendant to serve an effective six-year sentence as a career offender in case number 16719. In case number 16721, the Defendant received an eleven-month and twenty-nine-day sentence with a minimum service of 75%. The trial court ordered the sentences in case numbers 16719 and 16721 to be served consecutively to one another and to a prior six-year sentence for burglary. On appeal, the Defendant argues that the trial court committed sentencing errors and that his two convictions for Class A misdemeanor theft violate principles of double jeopardy. After a review of the record, double jeopardy principles require us to dismiss one of the Defendant’s convictions for Class A misdemeanor theft. Therefore, the case is remanded for the entry of corrected judgment forms. In all other aspects, we affirm the sentencing decision of the trial court.
State vs. Robert Lee Hammonds - M2005-01352-CCA-R3-CD View
Sumner County - The Defendant, Robert Lee Hammonds, pled guilty to possession of over 26 grams of cocaine. Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved four certified questions of law relating to whether the trial court erred when it denied his motion to suppress because the traffic stop and subsequent search were unconstitutional. He contends that the officer exceeded the scope of the stop and that the mandatory blanket consent form that he signed as part of a previous community corrections sentence did not give the arresting officer consent to search his vehicle. Further, he contends that he revoked any consent given by the mandatory blanket consent. Finding no error, we affirm the judgment of the trial court.
State vs. Charles L. Williams - M200-00836-CCA-R3-CD View
(Concur/Dissent) - View
Davidson County - This is a direct appeal as of right from convictions on a jury verdict of one count of child rape and two counts of rape. For these convictions, the Defendant, Charles L. Williams, received an effective twenty-two-year sentence in the Tennessee Department of Correction with 100% service required. On appeal, the Defendant raises six issues: (1) the trial court erred in admitting hearsay testimony of the victim; (2) the evidence was insufficient to support the jury’s finding of guilt beyond a reasonable doubt on the charges of child rape and rape; (3) the trial court erred in allowing the State’s DNA expert witness to speculate about the significance of the ratio of DNA discovered under the Defendant’s fingernails; (4) prosecutorial misconduct requires a new trial; (5) the trial court gave erroneous jury instructions when it stated the elements of child rape could be satisfied by a showing of a mens rea of recklessness; and (6) the trial court erred in failing to merge the lesser rape convictions into the child rape conviction. We have concluded that the trial court erred by allowing certain speculative testimony by the State’s DNA expert witness. We also have concluded that the prosecutor engaged in misconduct during closing argument. In addition, the two rape convictions should have been merged into the child rape conviction. We have determined that the cumulative effect of the trial errors deprived the Defendant of a fair trial. Judge Welles also concludes that the trial court erred by giving erroneous jury instructions for the requisite mens rea. We reverse the convictions and remand for a new trial.
State vs. Bradley Copeland - W2006-00972-CCA-R3-HC View
Lake County - The Petitioner, Bradley Copeland, filed a pro se petition for a writ of habeas corpus. The habeas court denied relief, and the Petitioner filed a timely notice of appeal. On appeal, the Petitioner contends that he is entitled to habeas corpus relief because the trial court erred when it re-sentenced him to a longer effective sentence than he received for his original convictions, and that his guilty pleas were constitutionally defective. Finding no reversible error, we affirm the judgment of the habeas court.
George Hardin vs. State - E2005-02944-CCA-R3-HC View
Bledsoe County -
Petitioner, George Edwin Hardin, was convicted by a Lauderdale County jury of first degree murder and received a sentence of life in prison. On August 5, 2005, petitioner filed a pro se petition for writ of habeas corpus in the Bledsoe County Criminal Court. On November 22, 2005, the trial judge dismissed the petition without an evidentiary hearing or the appointment of counsel. Petitioner filed a motion asking the trial court to make additional findings of fact and to set aside the order of dismissal. When the trial court denied petitioner’s request on December 15, 2005, petitioner timely appealed. Following our review, we affirm the judgment of the trial court.
State vs. Robert D. Hoffman - M2005-02101-CCA-R3-CD View
Maury County - Defendant, Robert D. Hoffman, Jr., appeals from the trial court’s dismissal of his motion for reduction of sentence. For the reasons set forth below, we affirm the trial court’s judgment.
State vs. Bobby Mathis - E2006-00332-CCA-R3-CD View
Hancock County - The defendant, Bobby Mathis, was convicted by a Hancock County Criminal Court jury of delivery of a Schedule II controlled substance, a Class C felony, and was sentenced by the trial court as a Range II multiple offender to ten years in the Department of Correction. Following the denial of his untimely filed motion for a new trial, the defendant filed an untimely notice of appeal to this court in which he argues that the evidence was insufficient to sustain his conviction; the trial court erred by admitting an inaccurate transcript of the tape recording of the undercover drug transaction; his Sixth Amendment right to confront witnesses was violated by the admission of the tape recording, which contained the voice of his wife, who was deceased by the time of his trial; his due process rights to a fair trial were violated by his appearance before the jury in prison attire; the trial court erred by granting the State’s motion not to disclose the last name of the confidential informant; and he received an excessive sentence. Following our review, we affirm the judgment of the trial court.
State vs. Jerry L. Perkins - E2005-02678-CCA-R3-CD View
A Bradley County jury convicted the Defendant of one count of reckless homicide and one count of abuse of a corpse. The trial judge imposed a three year sentence and a one year sentence, respectively, and it ordered the sentences run consecutively. The trial court determined that the Defendant should receive probation on time served for the three year sentence and probation effective immediately for the one year sentence, in part because the Defendant had already spent sixteen months in jail before trial. The State appeals contending the trial court erred in sentencing the Defendant because the trial court mistakenly believed it was required to place the defendant on probation. We agree and reverse the judgment of the trial court.
Joseph G. Williams, Jr. vs. State - E2006-00230-CCA-R3-PC View
Sullivan County - The petitioner, Joseph G. Williams, Jr., appeals from the post-conviction court’s order dismissing his combined petition for post-conviction relief and petition for a writ of habeas corpus. Following our review, we affirm the judgment of the post-conviction court.
State vs. Robert Okey Johnson - E2005-02676-CCA-R3-CD View
Sullivan County - Pursuant to plea agreements with the state, the defendant, Robert Okey Johnson, pled guilty to one count of aggravated assault and two counts of failure to appear. He received probation for his convictions for failure to appear. For his aggravated assault conviction, he agreed to a three-year sentence with the manner of service to be determined by the criminal court. After a sentencing hearing, the court ordered the defendant to serve his sentence in confinement. On appeal, the defendant challenges the court’s sentence of confinement. Following our review of the parties’ briefs and applicable law, we affirm the court’s judgment.
State vs. Carlos Burris - W2006-00470-CCA-R3-CD
View
Madison County - The Appellant, Carlos Burris, was convicted by a Madison County jury of misdemeanor possession of cocaine. On appeal, Burris argues that the evidence is insufficient to support the conviction. After review, we affirm the judgment of conviction.
State vs. Michael Evans - W2006-00172-CCA-R3-PC
View
Shelby County - The Appellant, Michael Evans, appeals the Shelby County Criminal Court’s dismissal of his petition for post-conviction relief. Evans’ petition was summarily dismissed by the post-conviction court upon grounds that it was time-barred by the statute of limitations. On appeal, Evans contends that application of the statute of limitations in this case serves to deny him his right to due process. Following review of the record before us, we affirm the dismissal of the petition as it was filed outside the one-year statute of limitations and because Evans has failed to establish any ground which would support a tolling of the statute.
State vs. Louis Robinson - W2006-00832-CA-R3-PC View
Gibson County - The Appellant, Louis Tyrone Robinson, proceeding pro se, presents a Rule 3 appeal from the Gibson County Circuit Court’s denial of his “Motion to Reopen Post-Conviction Petition.” Robinson seeks post-conviction relief in five separate cases arising from crimes which occurred during a period between August 1989 and October 1992. The post-conviction court denied Robinson’s motion on the following grounds: (1) that the motion failed to present a new claim of constitutional error under the limited circumstances set out in Tennessee Code Annotated section 40-30-117; (2) that no post-conviction petition had ever been filed in four of the five cases; (3) that the statute of limitations had expired for post-conviction relief; and (4) that Robinson’s claims had been previously addressed. Because the Appellant failed to comply with the statutory requirements for appealing the denial of a motion to reopen, this court is without jurisdiction to review the issue. Accordingly, the appeal is dismissed.
Cases posted the week of 11/20/2006
State vs. Susan Marie Campbell - E2005-01849-CCA-R3-CD View
Hawkins County - The defendant, Susan Marie Gilliam Campbell, stands convicted of criminally negligent homicide and facilitating escape. The trial court sentenced her as a Range I, standard offender to two years for each conviction, with the sentences to be served concurrently for an effective sentence of two years in the Department of Correction. On appeal, the defendant assails the legal sufficiency of the convicting evidence at trial and argues that the trial court erred in admitting a tape recording of an Emergency 911 telephone call. After our review of the record and the parties’ briefs, we affirm the defendant’s convictions.
State vs. Miko Burl - W2005-01640-CCA-R3-PC View
Shelby County - Proceeding pro se, the petitioner, Miko T. Burl, appeals the Shelby County Criminal Court’s denial of his motion to reopen his post-conviction proceeding. On appeal, the petitioner contends the court erred by dismissing his petition without holding an evidentiary hearing and claims he is entitled to relief based upon the ruling in Blakely v. Washington, 542 U.S. 296 (2004). Following our review, we dismiss the appeal.
State vs. Marco Hughlett - W2005-02321-CCA-R3-CD View
Shelby County - Defendant, Marco Hughlett, was indicted under alternative theories, charging Defendant in count one with committing aggravated robbery by violence, and in count two, with committing aggravated robbery by placing the victim in fear. The jury convicted Defendant under both counts. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to eleven years for each conviction. The trial court merged Defendant’s conviction of aggravated robbery in count two with his conviction of aggravated robbery in count one. In his sole issue on appeal, Defendant challenges the sufficiency of the convicting evidence. After a thorough review of the record, we affirm the judgment of the trial court.
State vs. Tyree Robinson - W2005-02555-CCA-R3-CD View
Shelby County -The appellant, Tyree Robinson, was convicted by a jury in the Shelby County Criminal Court of premeditated murder, felony murder, and especially aggravated robbery. The appellant received a total effective sentence of life without the possibility of parole plus twenty years. On appeal, the appellant argues that the evidence is insufficient to support his convictions; the trial court erred in failing to instruct the jury that Brown, Morris, and Courtney Perry were accomplices as a matter of law; the trial court abused its discretion in allowing hearsay statements; and the trial court erred in responding to a jury question. Upon review of the record and the parties’ briefs, we reverse the judgments of the trial court and remand for a new trial.
State vs. Johnny Postles - W2005-01641-CCA-R3-CD View
Madison County - The defendant appeals from his jury convictions of criminal trespass (Class C misdemeanor), assault (Class A misdemeanor), aggravated burglary (Class C felony), aggravated assault (Class C felony), and theft (Class A misdemeanor). The defendant received an effective sentence of five and one-half years incarceration plus two jail terms of eleven months and twenty-nine days. Issues presented on appeal are the sufficiency of the evidence and the propriety of the consolidation of offenses from two indictments involving separate dates with a single victim. After review, we have concluded that the convictions were supported by sufficient evidence and that the defendant waived the severance of the offenses issue. The judgments from the trial court are affirmed.
State vs. Michael Williams - W2005-01810-CCA-R3-PC View
Shelby County - The petitioner, Michael Williams, appeals the denial of post-conviction relief. Specifically, he contends that trial counsel was ineffective by failing to have him undergo a mental evaluation prior to trial. Upon review, we conclude that the petitioner has failed to meet his burden that: (1) his counsel was deficient in her performance, and (2) he was prejudiced in his claim of ineffective assistance. We affirm the post-conviction court’s denial of relief.
State v.. Antonio George - E2005-02013-CCA-R3-CD View
McMinn County - The defendant, Antonio George, was convicted of carjacking, a Class B felony, and sentenced as a Range I, standard offender to eight years in the Department of Correction. On appeal, he argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in excusing a prospective juror who had a pending criminal case; (3) the trial court erred in restricting the cross-examination of the lead investigating officer; (4) the trial court erred in failing to charge the lesser-included offenses of theft and robbery; and (5) the trial court erred by not giving a curative jury instruction regarding a comment made by the prosecutor. Following our review, we reverse the judgment of the trial court and dismiss the charge against the defendant.
Cases posted the week of 11/13/2006
James E. Swiggett vs. State - E2006-00049-CCA-R3-HC View
Johnson County - The petitioner, James E. Swiggett, appeals from the Johnson County Criminal Court’s denial of his petition for the writ of habeas corpus. He claims that his first degree murder conviction, for which he is serving a life sentence, is void because the prosecutor denied him due process at trial by knowingly sponsoring perjured testimony. He claims on appeal that the trial court erred by dismissing his petition on the basis it failed to state a colorable claim and without the appointment of counsel. We affirm the judgment of the trial court.
Harvey S. Burns vs. State - M2005-02961-CCA-R3-PC View
Wayne County - The Petitioner, Harvey S. Burns, pled guilty to selling less than one-half gram of cocaine. At the guilty plea hearing, the Petitioner accepted a sentence of thirteen years as a Range III, persistent offender. The Petitioner timely filed a pro se petition for post-conviction relief, and after being appointed counsel, filed an amended petition for post-conviction relief. After a hearing, the trial court denied the petition for post-conviction relief. In this appeal, the Petitioner asserts that he received the ineffective assistance of counsel and that his plea was not knowingly, voluntarily, and intelligently entered. We affirm the judgment of the trial court.
Harold Oliver McGee vs. State - M2005-00944-CCA-R3-HC View
Wayne County - On August 13, 1998, the petitioner, Harold Oliver McGee, pled guilty to four counts of felony possession of cocaine with intent to sell. Subsequently, in 2001, he pled guilty to three additional felony cocaine offenses and one count of possession of a firearm during an offense. Thereafter, the petitioner filed a petition for habeas corpus relief, alleging that because he was on bail at the time the first four cocaine offenses were committed, the trial court erred when it imposed concurrent sentences. Additionally, the petitioner alleges that because the sentences for the four cocaine offenses were illegal, the trial court impermissibly used those convictions to enhance his subsequent cocaine and weapon possession convictions. The habeas corpus court agreed with the petitioner and granted habeas corpus relief on all eight of the forgoing convictions. On appeal, the State asks this court to reverse the habeas corpus court’s grant of relief. Upon our review of the record and the parties’ briefs, we affirm in part and reverse in part the judgment of the habeas corpus court.
State vs. Heck Van Tran - W2005-01334-CCA-R3-PD View
Shelby County - This matter is before this court following the Petitioner Heck Van Tran’s motion to reopen his post-conviction petition for the limited purpose of determining whether the Petitioner is mentally retarded and thus ineligible for the death penalty. The lower court entered an order denying relief. The Petitioner appeals asserting that the proof established by a preponderance of the evidence that the Petitioner is mentally retarded renders his sentence of death unconstitutional. After a review of the record and the applicable law, we affirm the lower court’s denial of relief.
State vs. Leo Odom - W2006-00217-CCA-R3-HC View
Lake County - The Appellant, Leo H. Odom, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. Odom was indicted for first degree murder and subsequently pled guilty in the Davidson County Criminal Court to second degree murder, receiving an agreed sentence of thirty years with service of 100% as a violent offender. He is currently an inmate at Northwest Correctional Complex at Tiptonville. On appeal, Odom argues that his 1997 murder conviction and resulting thirty-year sentence are void because his sentence is “erroneous as being contrary to the express provisions of the 1989 Sentencing Reform Act.” After review, we affirm the judgment of the Lake County Circuit Court.
State vs. Larry Dickerson - W2006-00223-CCA-R3-PC View
Crockett County - The petitioner, Larry Dickerson, filed a petition for post-conviction relief from his conviction for first degree murder and resulting life sentence. The trial court dismissed his petition. On appeal, the petitioner argues that he received the ineffective assistance of counsel at trial. We affirm the judgment of the trial court.
State vs. Michael Small - W2003-02014-CCA-R3-CD View
Shelby County - Following a jury trial, the Defendant, Michael Small, was convicted of two counts of aggravated robbery. At the sentencing hearing, the trial judge ordered the Defendant to proceed pro se because he allegedly physically attacked his appointed trial counsel. The trial court merged the two counts of aggravated robbery and sentenced the Defendant as a Range II, multiple offender to twenty years in the Department of Correction. On appeal, the Defendant asserts that (1) his failure to file a motion for new trial should not constitute waiver of trial errors on appeal because he was wrongfully denied his right to counsel, (2) the trial court erred in allowing the appointed counsel to represent him during trial because the attorney-client relationship became “adversarial,” (3) the trial court violated his right to counsel by requiring him to proceed pro se post-trial, and (4) the evidence is insufficient to support the jury’s finding the Defendant guilty beyond a reasonable doubt of aggravated robbery. We conclude that the trial court did not make sufficient findings of fact to permit our review of whether the Defendant was properly required to proceed pro se. Therefore, we remand to the trial court for further factual determinations regarding the alleged attack on the Defendant’s trial counsel and any other pertinent information on the issue of whether the Defendant implicitly waived or forfeited his right to counsel.
State vs. Louis Steele - W2005-02480-CCA-R3-PC View
Shelby County - The Appellant, Louis Steele, appeals the dismissal of his petition for post-conviction relief by the Shelby County Criminal Court. Steele pled guilty to misdemeanor vandalism, harassment, and three counts of driving under the influence (DUI). On appeal, Steele contends that his pleas were not knowingly and voluntarily entered due to trial counsel’s ineffectiveness in: (1) failing to inform him of the consequences of his pleas, specifically that three DUI convictions automatically qualified him as a Motor Vehicle Habitual Offender; (2) failing to seek court-ordered medical treatment while he was in jail or to pursue his release on bail; and (3) failing to properly conduct a pretrial investigation. Following review, we affirm the judgment of the post-conviction court.
State vs. Tara L. Beffrey - E2005-02852-CCA-R3-CD View
Hamblen County - The defendant, Tara L. Beffrey, was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor, for which she received an eleven-month, twenty-nine-day sentence; violation of the implied consent law, a Class A misdemeanor, for which she received a five-day consecutive sentence; and driving on a revoked license, a Class B misdemeanor, for which she received a six-month concurrent sentence. On appeal, the defendant argues that: (1) the convicting evidence was insufficient to prove DUI and (2) the vehicle stop that led to her arrest was unconstitutional. We conclude no error exists, and we affirm the judgments of the trial court.
State vs. Charles A. Walker - M2005-00165-CCA-R3-CD View
Montgomery County - The defendant, Charles A. Walker, was convicted by a Montgomery County jury of two counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony, based on acts he committed against his stepdaughter, who was less than thirteen years old when the offenses occurred. He was sentenced by the trial court to twenty years for each of the rape convictions and to eight years for the aggravated sexual battery conviction, with the rape sentences to be served concurrently to each other and the aggravated sexual battery sentence to be served consecutively to the rape sentences, for an effective sentence of twenty-eight years at 100% in the Department of Correction. The defendant raises the following issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the State sufficiently proved the date of two of the offenses as set out in the bill of particulars and the verdict forms submitted to the jury; (3) whether the trial court committed reversible error by not issuing unanimity and election of offenses jury instructions; and (4) whether the totality of alleged evidentiary ruling errors warrants a new trial. Following our review, we affirm the rape convictions but reverse and remand for a new trial on the aggravated sexual battery offense. Additionally, we remand for entry of corrected judgments on the rape convictions to reflect that the defendant was sentenced to twenty years, rather than twenty-two, in each count.
Andre L. Mayfield vs. State - E2005-02154-CCA-R3-HC View
Johnson County - The petitioner, Andre L. Mayfield, appeals the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to establish a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed.
State vs. James Shannon Digby - E2006-00278-CCA-R3-CD View
Blount County - The defendant, James Shannon Digby, appeals from the Blount County Circuit Court’s order revoking his probation for failure to pay court costs and supervision fees for a misdemeanor worthless check conviction. The trial court ordered the defendant to serve his sentence of eleven months and twenty-nine days in jail, less credit for time served. The defendant claims that the trial court failed to find that his failure to pay was willful. We hold that the trial court made the appropriate findings and affirm its judgment.
Garland Godsey vs. State - E2006-00050-CCA-R3-PC View
Cumberland County - The petitioner, Garland Godsey, appeals the denial of his petition for post-conviction relief from his second degree murder conviction, arguing that his trial counsel was ineffective for failing to request a jury instruction on diminished capacity and for failing to file a timely motion for a new trial. Following our review, we affirm the post-conviction court’s denial of the petition.
Dwayne E. Anderson vs. State - M2006-01223-CCA-R3-HC View
Davidson County - The Petitioner, Dwayne E. Anderson, appeals from the order of the trial court summarily dismissing his petition seeking habeas corpus relief. The trial court dismissed the petition because it determined that the petition did not state valid grounds for habeas corpus relief. We affirm the judgment of the trial court.
Terrance Davis vs. State - M2005-01902-CCA-R3-PC View
Davidson County - The petitioner, Terrance Davis, pled guilty to two counts of selling more than .5 grams of cocaine in a school zone in exchange for concurrent Range I sentences of twenty-two years served at 100%. The petitioner now appeals the post-conviction court’s denial of his request for post-conviction relief and contends that (1) he received the ineffective assistance of counsel and (2) his guilty pleas were unknowing and involuntary. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
State vs. Ariko T. Haliburton - M2005-01885-CCA-R3-CD View
Davidson County - The defendant, Ariko T. Haliburton, was convicted of attempted second degree murder and received a sentence of eighteen years as a Range II, Multiple Offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. Following our review of the parties’ briefs and the applicable law, we affirm the judgment of the trial court.
State vs. Anthony Shannon Lane - M2005-02435-CCA-R3-CD View
Wilson County - The defendant, Anthony Shannon Lane, was convicted of aggravated child abuse and sentenced to twenty-five years in the Department of Correction to be served at 100%. On appeal, he challenges the sufficiency of the convicting evidence and the sentence imposed by the trial court. Following our review of the record and the parties’ briefs, we affirm the judgment of the trial court.
Andre L. Mayfield vs. Howard Carlton, Warden - M2006-0885-CCA-R3-HC View
Davidson County - Petitioner, Andre L. Mayfield, appeals the trial court’s denial of his petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.
Duane E. Noland vs. State - M2006-00449-CCA-R3-PC View
Davidson County - Petitioner, Duane E. Noland, appeals the trial court’s denial of his petition for post-conviction relief. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court.
State vs. David Darnell Norman - M2005-02566-CCA-R3-CD View
Davidson County - The defendant, David Darnell Norman, was convicted of domestic assault, false imprisonment, possession of marijuana with intent to sell, and possession of drug paraphernalia. For his convictions, he received a total effective sentence of two years. On appeal, the defendant challenges the sufficiency of the convicting evidence. Following our review of the parties’ briefs and the applicable law, we affirm the judgments of the trial court.
Elliott McCaster vs. State - M2005-02195-CCA-R3-PC View
Maury County - The petitioner, Elliott McCaster, pled guilty to second-degree murder in exchange for a range two sentence of thirty-two years. The petitioner now appeals the post-conviction court’s denial of his request for post-conviction relief and contends that (1) he received the ineffective assistance of counsel and (2) his guilty plea was unknowing and involuntary. Upon review of the record and the parties’ briefs, we affirm the judgment of the post-conviction court.
John W. Smith vs. Wayne Brandon, Warden - M2006-01042-CCA-R3-HC View
Hickman County - Petitioner, John W. Smith, appeals the trial court’s denial of his petition for habeas corpus relief. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. After a thorough review of the record, we grant the motion and affirm the judgment of the trial court.
State vs. Jason Goolsby - M2002-02985-CCA-R3-CD View
Putnam County - The defendant, Jason Goolsby, was convicted of aggravated burglary, a Class C felony, and burglary and two counts of theft over $1000, Class D felonies. The trial court sentenced him as a Range I, standard offender to concurrent terms of four years and six months for the aggravated burglary conviction and three years and six months for each of the Class D felonies, with nine months to be served in confinement and the balance on probation. On appeal, the defendant argues that the trial court erred in instructing the jury. Following our review, we affirm the judgments of the trial court.
Jorge Herrera vs. State - M2005-02962-CCA-R3-PC View
Davidson County - The petitioner, Jorge Herrera, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition.
State vs. Melvin Woodrow Sandidge - M2005-02256-CCA-R3-CD View
Davidson County - The appellant, Melvin Woodrow Sandidge, pled guilty in the Davidson County Criminal Court to five counts of theft of property valued between $1,000 and $10,000 and one count of theft of property valued between $500 and $1,000. Pursuant to a plea agreement, the appellant received a total effective sentence of sixteen years. On appeal, the appellant challenges the trial court’s denial of alternative sentencing, specifically community corrections. After reviewing the record and the parties’ briefs, we affirm the judgments of the trial court.
Cases posted the week of 11/06/2006
State vs. William Arthur Shelton aka John Shelton - E2005-02014-CCA-R3-CD View
Bradley County - The appellant, William Arthur Shelton aka John Shelton, was convicted by a jury in the Bradley County Criminal Court of three counts of false imprisonment, two counts of vandalism, and one count of premeditated first degree murder. He received a total effective sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of a motion for severance of the murder counts from the remaining counts, the trial court’s exclusion of a witness’s complete statement to police, and the sufficiency of the evidence. From our review of the record and the parties’ briefs, we affirm the judgments of the trial court.
State
vs. Rodney Clay Sparks - E2005-02832-CCA-R3-CD