Court of Criminal Appeals Opinions
|
State of Tennessee v. Joseph Nathaniel Nance E2010-01221-CCA-R3-CD Authoring Judge: Judge D. Kelly Thomas, Jr. Trial Court Judge: Judge E. Shayne Sexton The Defendant, Joseph Nathaniel Nance, was convicted of six counts of rape of a child and one count of aggravated sexual battery. Following a sentencing hearing, the trial court imposed an 18-year sentence for each rape of a child conviction and a 10- ear sentence for the aggravated sexual battery conviction. The court ordered consecutive service of several of the convictions, resulting in a total effective sentence of 64 years. On appeal, the Defendant raises the following issues for our review: (1) whether the trial court erred by excluding sexual entries from the victim’s MySpace page as irrelevant and inadmissible; (2) whether the trial court erred by allowing evidence of the victim’s prior sexual history to be used only for impeachment purposes; (3) whether the evidence was sufficient to support the Defendant’s convictions; and (4) whether the Defendant’s effective 64-year sentence was excessive. Following our review, we affirm the judgments of 1 the trial court. |
Campbell County | Court of Criminal Appeals | 05/16/12 | |
|
State of Tennessee v. Clayton Pike, Jr. E2010-01463-CCA-R3-CD Authoring Judge: Judge Norma McGee Ogle Trial Court Judge: Judge Amy Reedy A Polk County Criminal Court Jury convicted the appellant, Clayton Pike, Jr., of first degree premeditated murder and misdemeanor reckless endangerment, and the trial court sentenced him to concurrent sentences of life and eleven months, twenty-nine days, respectively. On appeal, the appellant contends that (1) the trial court should have granted his motion to suppress evidence because the search of his home was unlawful, (2) the evidence is insufficient to support the murder conviction, and (3) the trial court committed reversible error by failing to instruct the jury that it could not consider the appellant’s prior bad acts as substantive evidence. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by denying the appellant’s motion to suppress but that the error was harmless. Therefore, the appellant’s convictions are affirmed. |
Polk County | Court of Criminal Appeals | 05/16/12 | |
|
State of Tennessee v. Nicholas Clower M2011-01145-CCA-R3-CD Authoring Judge: Judge Jeffrey S. Bivins Trial Court Judge: Judge Michael R. Jones Nicholas Clower (“the Defendant”) pled guilty to two counts of sale and delivery of less than 0.5 grams of cocaine. Pursuant to the plea agreement, the Defendant was sentenced to six years’ probation on each count, to be served concurrently. Upon the filing of a revocation warrant and subsequent amended warrants, the Defendant was taken into custody, and a probation revocation hearing was held. At the conclusion of the hearing, the trial court revoked the Defendant’s probation and ordered him to serve the remainder of his sentence in confinement. The Defendant has appealed the trial court’s ruling, asserting that the trial court erred in determining that the Defendant possessed a weapon in violation of his probation and in requiring the Defendant to serve the remainder of his sentence in incarceration. Upon a thorough review of the record, we affirm the trial court’s judgment. |
Montgomery County | Court of Criminal Appeals | 05/16/12 | |
|
Robert B. Ledford v. State of Tennessee E2012--00731-CCA-RM-PC Authoring Judge: Judge James Curwood Witt, Jr. Trial Court Judge: Judge Don W. Poole The pro se petitioner, Robert B. Ledford, appeals the Hamilton County Criminal Court’s summary denial of his petition for writ of error coram nobis attacking his convictions of second degree murder, kidnapping, aggravated robbery, and theft. On initial review, this court affirmed the coram nobis court’s summary denial because we concluded that coram nobis relief was not available to provide relief from a guilty-pleaded conviction. Robert B. Ledford v. State, No. E2010-01773-CCA-R3-PC (Tenn. Crim. App., Knoxville, May 4, 2011). The petitioner applied for permission to appeal this court’s decision with the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. On March 8, 2012, the supreme court granted the application for permission to appeal for the purpose of remanding the case to this court for reconsideration in light of the supreme court’s opinion in Wlodarz v. State, ___S.W.3d ___, No. E2008-02179-SC-R11-CO (Tenn. Feb. 23, 2012). Following our reconsideration, we conclude that the petitioner failed to present a justiciable claim warranting coram nobis relief and affirm the judgment of the coram nobis court. |
Hamilton County | Court of Criminal Appeals | 05/15/12 | |
|
Michael Deshay Peoples v. State of Tennessee M2011-01866-CCA-R3-PC Authoring Judge: Judge Roger A. Page Trial Court Judge: Judge Mark J. Fishburn A Davidson County Grand Jury indicted petitioner, Michael Deshay Peoples, Jr., for first- degree felony murder, especially aggravated robbery, two counts of aggravated robbery, and one count of aggravated kidnapping. The State dismissed one of the aggravated robbery counts. Following a trial on the remaining counts, a jury found petitioner guilty as charged and sentenced him to life in prison for felony murder. The trial court conducted a sentencing hearing on the remaining counts and ordered concurrent sentences of eighteen years at one hundred percent for especially aggravated robbery; ten years at thirty percent for aggravated robbery; and ten years at one hundred percent for aggravated kidnapping. This court affirmed the convictions and sentences, and the supreme court denied permission to appeal. Petitioner filed a petition for post-conviction relief by checking several boxes on the standard form, but he added no supporting facts. The post-conviction court summarily dismissed the petition. Finding no error, we affirm the post-conviction court’s summary dismissal of the petition. |
Davidson County | Court of Criminal Appeals | 05/15/12 | |
|
State of Tennessee v. Garry Lee Nance E2011-02646-CCA-R3-CD Authoring Judge: Judge D. Kelly Thomas, Jr. Trial Court Judge: Judge Rebecca J. Stern The Defendant, Garry Lee Nance, appeals from the trial court’s revocation of his probation and order that he serve part of his remaining sentences in confinement. The State has filed a motion requesting that this court affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, the State’s motion is granted, and the judgments of the trial court are affirmed. |
Hamilton County | Court of Criminal Appeals | 05/14/12 | |
|
State of Tennessee v. Edwin Dewan Reese M2011-01692-CCA-R3-CD Authoring Judge: Judge Jeffrey S. Bivins Trial Court Judge: Judge Robert Crigler Edwin Dewan Reese (“the Defendant”) pled guilty to (1) one count of driving after having been declared an habitual motor vehicle offender and (2) one count of failure to appear. There was no agreement as to the Defendant’s sentence. After a hearing, the trial court sentenced the Defendant as a standard offender to one year, six months on each offense. The trial court also ordered the Defendant to serve his sentences consecutively. The Defendant now appeals both the length and consecutive service of his sentences. After a careful review of the record, we affirm the judgment of the trial court. |
Marshall County | Court of Criminal Appeals | 05/14/12 | |
|
State of Tennessee v. Tehren Carthel Wilson W2010-02613-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Judge Roger A. Page The defendant, Tehren Carthel Wilson, was convicted by a Madison County Circuit Court jury of identity theft, a Class D felony, and theft of property, a Class A misdemeanor, and was sentenced to an effective term of twelve years, eleven months and twenty-nine days. On appeal, he challenges the sufficiency of the convicting evidence and the trial court’s denial of his request to charge fraudulent use of a credit card as a lesser-included offense of identity theft. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 3, identifying the defendant’s identity theft conviction as a Class D felony instead of a Class C felony. |
Madison County | Court of Criminal Appeals | 05/11/12 | |
|
State of Tennessee v. Devaries M. Locke M2010-02247-CCA-R3-CD Authoring Judge: Judge Roger A. Page Trial Court Judge: Judge Monte Watkins A Davidson County jury found appellant, Devaries M. Locke, guilty of possession of a firearm. The parties stipulated to his status as a felon, but the jury was not so informed. As a result of the jury’s decision and the stipulation, appellant was convicted of being a convicted felon in possession of a firearm, a Class E felony. The trial court sentenced him as a Range II, multiple offender, to three years of split confinement with one year to serve followed by two years of supervised probation. On appeal, appellant challenges the sufficiency of the evidence to support his conviction and argues that his sentence is excessive. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Davidson County | Court of Criminal Appeals | 05/11/12 | |
|
State of Tennessee v. Dearick Stokes W2010-02622-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Judge James M. Lammey Jr. The defendant, Dearick Stokes, was convicted by a Shelby County Criminal Court jury of felony murder and attempted especially aggravated robbery, for which he received concurrent terms of life imprisonment and nine years, respectively. In this direct appeal, he argues that the evidence was insufficient to sustain his felony murder conviction because the proof showed that the killing of the victim occurred during an attempted aggravated robbery, rather than an aggravated robbery, as alleged in the indictment. Following our review, we affirm the judgments of the trial court. |
Shelby County | Court of Criminal Appeals | 05/10/12 | |
|
State of Tennessee v. Bradley Scott W2011-00677-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Judge Chris Craft The defendant, Bradley Scott, was convicted by a Shelby County Criminal Court jury, under two separate indictments, of first degree premeditated murder, first degree felony murder, and two counts of aggravated rape and was sentenced to an effective term of life plus twenty-two years in the Department of Correction. On appeal, he argues that: (1) the trial court erred in denying his motions to suppress DNA evidence and the statements given by him to the police; and (2) the evidence is insufficient to support his convictions. After review, we affirm the judgments of the trial court. |
Shelby County | Court of Criminal Appeals | 05/10/12 | |
|
Larry C. Pittman v. State of Tennessee W2011-02024-CCA-R3-PC Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Judge Roger A. Page The petitioner, Larry C. Pittman, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the dismissal of the petition. |
Madison County | Court of Criminal Appeals | 05/10/12 | |
|
State of Tennessee v. Gary L. Graham W2011-00103-CCA-R3-CD Authoring Judge: Judge Alan E. Glenn Trial Court Judge: Judge J. Weber McCraw The defendant, Gary L. Graham, was convicted by a Fayette County Circuit Court jury of driving under the influence (“DUI”), and the court found the defendant guilty of DUI third offense and violation of the implied consent law. The court merged the DUI convictions and sentenced the defendant to eleven months and twenty-nine days, suspended to misdemeanor probation upon service of 145 days at 75% in the county jail, and suspended the defendant’s driver’s license for two years as a result of his violation of the implied consent law. On appeal, the defendant challenges the sufficiency of the evidence convicting him of DUI. Following our review, we affirm the judgments of the trial court. |
Fayette County | Court of Criminal Appeals | 05/10/12 |