Eric Demond McCathern v. State of Tennessee
The Petitioner, Eric Demond McCathern, was convicted after a jury trial of possession of twenty-six or more grams of a substance containing cocaine within one thousand feet of a school with the intent to sell or deliver, possession of drug paraphernalia, and aggravated burglary committed with the intent to commit possession of a substance containing cocaine with the intent to sell or deliver. After this court denied relief on direct appeal, the Petitioner filed a post-conviction petition alleging ineffective assistance of counsel. The Petitioner asserts that his trial counsel performed deficiently in advising him to plead guilty to aggravated burglary during trial because the plea essentially conceded elements of the contested drug charge. The Petitioner also asserts that trial counsel was deficient in failing to request a severance or move to suppress evidence. The post-conviction court denied relief. After a review of the record, we conclude that the Petitioner has not established prejudice, and we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Julia Sanford
The Defendant, Julia Sanford, was indicted for failure to maintain her lane, violation of the financial responsibility law, driving under the influence, and driving under the influence per se with a blood alcohol content of .20 or higher. The Defendant filed a pretrial motion to suppress the evidence resulting from the traffic stop of her vehicle. The trial court denied the Defendant’s motion, and the Defendant pleaded guilty to driving under the influence and reserved a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2) as to whether the stop of the Defendant’s vehicle by law enforcement was lawful. After review, we affirm the trial court’s judgment. |
Hamilton | Court of Criminal Appeals | |
Jeffrey Henry v. State of Tennessee
The Petitioner, Jeffrey Henry, pled guilty on January 12, 2015, to three counts of aggravated sexual battery and received an effective twenty-year sentence. Subsequently, on September 22, 2016, he filed an untimely petition for writ of error coram nobis, alleging as newly discovered evidence that the victim was taking medication for oppositional defiant disorder, which, he believed, raised questions as to whether her responses were true or, simply, impulsive responses. Not knowing the victim was taking this medication meant that the Petitioner’s pleas of guilty were unknowing and involuntary, according to his argument. Additionally, he asserts that the decision of the Tennessee Supreme Court in Frazier v. State, 495 S.W.3d 246 (Tenn. 2016), violates his right to due process, which, in his view, tolls the one-year statute of limitations for filing his claim. The coram nobis court dismissed the petition, finding that, pursuant to the holding in Frazier, the relief the Petitioner sought was not available because he had entered pleas of guilty. Further, the coram nobis court determined that the Petitioner had been aware that the victim was undergoing “some possible mental health treatment.” Accordingly, the coram nobis court denied relief, and we affirm that determination pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Shelby | Court of Criminal Appeals | |
Marcus A. Parram v. State of Tennessee
In two separate cases, the Petitioner, Marcus A. Parram, pled guilty to domestic assault, stalking, harassment, and three counts of violation of an order of protection. He was sentenced to a total effective sentence of three years, suspended to probation. In his timely petition for post-conviction relief, he claims that trial counsel was ineffective for not obtaining recordings of his jailhouse telephone conversations with the victim and for not securing a certain police officer or a child of the victim to testify on his behalf. It appears that he also claims that his pleas of guilty were involuntary. Following an evidentiary hearing, the post-conviction court denied relief, and we affirm that denial. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tony Anthony Hatley
The Defendant, Tony Anthony Hatley, pled guilty to theft of property valued at $1000 or more but less than $10,000, a Class D felony, and possession of drug paraphernalia, a Class A misdemeanor, in exchange for an effective sentence of eight years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court imposed a sentence of confinement, which the Defendant now challenges. After review, we affirm the sentencing decision of the trial court. |
Tipton | Court of Criminal Appeals | |
Quinton Albert Cage v. State of Tennessee
The pro se Petitioner, Quinton Albert Cage, appeals the denial of his motion to reopen his petition for post-conviction relief. Following our review, we dismiss the appeal for lack of jurisdiction because the Petitioner failed to comply with the statutory requirements to seek discretionary review of a motion to reopen post-conviction proceedings. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Richard Crawford
The Defendant, Richard Crawford, was convicted by a Shelby County jury of especially aggravated robbery, attempted especially aggravated kidnapping, attempted second degree murder, and employing a firearm during the attempted commission of a dangerous felony. On appeal, the Defendant argues that the trial court erred by: (1) determining that alleged prior bad acts of the victim and another witness were inadmissible for impeachment purposes; and (2) preventing the Defendant from subpoenaing the victim to testify a second time about additional prior inconsistent statements. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Dewayne Finley
The Defendant, Eric Dewayne Finley, appeals the Hamilton County Criminal Court’s revocation of his probation. On appeal, the Defendant argues that the trial court abused its discretion by reinstating a sentence of full confinement. Upon review, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Brandon Lee Clymer
The Defendant, Brandon Lee Clymer, was convicted of rape of a child by a Davidson County Criminal Court jury. He is serving a twenty-six-year, Range II sentence. On appeal, he contends that: (1) the evidence is insufficient to support his conviction, (2) the trial court erred in admitting evidence of the victim’s forensic interview, (3) the trial court erred in admitting the Defendant’s pretrial statement without redacting opinions expressed by police officers, (4) the trial court erred in overruling the Defendant’s objection to the State’s rebuttal closing argument, (5) he is entitled to a new trial due to cumulative trial error, and (6) the trial court imposed an unconstitutional and excessive sentence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Timothy Krauss, Alias
The Defendant, Charles Timothy Krauss, alias, pled guilty to two counts of theft of property valued at $10,000 or more but less than $60,000 and received a total effective sentence of ten years as a Range III, persistent offender. He applied for but was denied probation. Additionally, the trial court denied his request for pretrial jail credits for the time he had spent in confinement in Mississippi. He filed a Tennessee Rule of Criminal Procedure 33 motion requesting jail credits for the period from January 9, 2013, to February 9, 2016. According to the Defendant, he was entitled to the credits because he had requested, pursuant to the Interstate Compact on Detainers, that he be transferred to Tennessee to answer to the Knox County charges. The trial court denied the motion, and we affirm that denial. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Lavely L. Brown
The Petitioner, Lavely L. Brown, appeals the denial of his petition for writ of error coram nobis. Following our review, we affirm the judgment of the coram nobis court denying the petition. |
Knox | Court of Criminal Appeals | |
Jason Lee Holley v. State of Tennessee
Petitioner, Jason Lee Holley, entered a guilty plea to one count of possession of .5 grams or more of cocaine with the intent to sell in exchange for the dismissal of other charges. Petitioner received a twelve-year sentence as a Range II offender and was ordered to serve one year of the sentence day-for-day prior to being released to community corrections for the balance of the sentence. Petitioner sought post-conviction relief on the basis that his guilty plea was unknowing and involuntary and that he received ineffective assistance of counsel. The post-conviction court denied relief after a hearing. Because Petitioner failed to show that he received ineffective assistance of counsel or that his guilty plea was unknowingly and involuntarily entered, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Taris C. Frazier
The Defendant, Taris C. Frazier, was convicted by a Rutherford County Circuit Court jury of three counts of especially aggravated kidnapping, Class A felonies; three counts of aggravated assault, Class C felonies; resisting arrest, a Class B misdemeanor; and criminal impersonation, a Class B misdemeanor. He was sentenced to an effective term of seventy-five years in the Tennessee Department of Correction, to be served consecutively to his sentence in another case. On appeal, he challenges the sufficiency of the evidence convicting him of especially aggravated kidnapping and aggravated assault. After review, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Charles D. Belk v. State of Tennessee
The Petitioner, Charles D. Belk, appeals the Obion County Circuit Court’s denial of his petition for post-conviction relief from his convictions of introducing a controlled substance into a penal institution, a Class C felony; Class C felony unlawful possession of a weapon; Class D felony unlawful possession of a weapon; possessing marijuana with intent to sell or deliver, a Class E felony; and simple possession, a Class A misdemeanor, and resulting effective sentence of twelve years in confinement. On appeal, the Petitioner claims that he received the ineffective assistance of trial and appellate counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Zachary Michael Johnson
The Defendant, Zachary Michael Johnson, was indicted for five counts of rape by force or coercion, a Class B felony, all involving the same victim and occurring over a short period of time. The jury convicted him of the lesser offense of sexual battery, a Class E felony, in two counts of the indictment and acquitted him of the remaining three counts of the indictment. The trial court subsequently sentenced him as Range I, standard offender to concurrent terms of two years for each conviction, suspended to three years of supervised probation. On appeal, the Defendant challenges the sufficiency of the convicting evidence and argues that the trial court committed plain error by not instructing the jury on the lesser-included offense of assault by extremely offensive or provocative physical contact. Following our review, we conclude that the evidence is sufficient to sustain the convictions but that the trial court erred in not instructing the jury as to the lesser-included offense. Accordingly, we reverse the judgments of conviction and remand for a new trial. |
Davidson | Court of Criminal Appeals | |
Phillip Alexander McWilliams v. State of Tennessee
Petitioner, Phillip Alexander McWilliams, appeals the denial of his petition for post-conviction relief from his convictions for aggravated domestic assault and reckless endangerment with a deadly weapon. Petitioner argues that he received ineffective assistance of counsel. After a review of the record and the briefs of the parties, we determine Petitioner has failed to establish that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Sevier | Court of Criminal Appeals | |
Matthew B. Foley v. State of Tennessee
Matthew B. Foley, the Petitioner, filed a petition for post-conviction relief thirteen years after he entered a guilty plea; he argued that the statute of limitations should be tolled on due process grounds and that the State had breached a material element of his plea agreement. The post-conviction court summarily dismissed the petition on the ground that the statute of limitations should not be tolled. On appeal, this court held that the statute of limitations should be tolled based on due process grounds and remanded the case for an evidentiary hearing on the merits. Matthew B. Foley v. State, No. M2015-00311-CCA-R3-PC, 2016 WL 245857, at *8 (Tenn. Crim. App. Jan. 20, 2016), no perm. app. filed. On remand, the post-conviction court again denied relief on the ground that the statute of limitations should not be tolled based on due process. We again reverse and remand this case for an evidentiary hearing on the merits of the post-conviction relief petition. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tommy Lee Houser, Jr.
A Knox County jury convicted the Defendant, Tommy Lee Houser, Jr., of felony theft. After a sentencing hearing, the trial court classified the Defendant as a career offender and imposed a mandatory twelve year sentence. On appeal, the Defendant asserts that the evidence supporting his conviction is insufficient and that the trial court erred in applying the Class D felony offense classification rather than the “new” Class E felony offense classification. After review, we affirm the trial court’s judgment. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. D'Maris LaQuann Fuller
A Davidson County Criminal Court Jury convicted the Appellant, D’Maris Laquann Fuller, of aggravated robbery. The trial court sentenced the Appellant as a Range I, standard offender to ten years in the Tennessee Department of Correction. On appeal, the Appellant contends that the trial court erred by refusing to allow him to play a recording of a 911 call, that the evidence was insufficient to sustain his conviction, and that the trial court erred when determining the length of his sentence. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joey Tyrone Simpson
The Defendant, Joey Tyrone Simpson, entered an open guilty plea to aggravated assault, a Class C felony, and was sentenced as a Range I, standard offender to three years in the Department of Correction. Additionally, he was ordered to pay $2880 in restitution for the victim’s medical expenses. On appeal, he argues that he should have been granted alternative sentencing. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the amount of restitution as $2880, rather than $2280. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Courtney Fifer
Following a jury trial, Defendant, Courtney Fifer, was convicted of first degree murder, attempted robbery, and being a felon in possession of a handgun. He was sentenced to life for first degree murder, two years for attempted robbery, and one year for being a felon in possession of a handgun. On appeal, Defendant argues that his right to a fair trial was violated because the trial court improperly restricted his closing argument, and the prosecutor misstated evidence during closing argument. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Steven Dare Steelman, Jr.
The Defendant, Steven Dare Steelman, Jr., was convicted by a Knox County Criminal Court jury of aggravated vehicular homicide, vehicular homicide by intoxication, vehicular homicide by reckless conduct, vehicular assault, reckless endangerment with a deadly weapon, third offense driving under the influence (DUI) per se, third offense DUI, driving on a revoked license after two prior DUI convictions, and failure to provide proof of financial responsibility. See T.C.A. §§ 39-13-218 (2014) (aggravated vehicular homicide), 39-13-213 (2014) (amended 2015) (vehicular homicide by intoxication or vehicular homicide by reckless conduct), 39-13-106 (2014) (amended 2015) (vehicular assault), 39-13-103 (Supp. 2014) (amended 2015) (reckless endangerment with a deadly weapon), 55-10-401 (2012) (amended 2013, 2015) (third offense DUI per se), 55-10-401 (2012) (amended 2013, 2015) (third offense DUI), 55-50-504 (2012) (amended 2016) (driving on a revoked license after two prior DUI convictions), 55-12-139 (Supp. 2014) (amended 2015) (failure to provide proof of financial responsibility). The trial court merged the vehicular homicide by intoxication and vehicular homicide by reckless conduct convictions with the aggravated vehicular homicide conviction. The court merged the third offense DUI conviction with the third offense DUI per se conviction. The court sentenced the Defendant to an effective thirty-two years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions for aggravated vehicular homicide and vehicular assault, (2) the trial court should have merged the reckless endangerment with a deadly weapon and vehicular assault convictions, and (3) the trial court erred during sentencing. Although we affirm the Defendant’s convictions, we remand the case to the trial court for the entry of corrected judgments reflecting the merger of the third offense DUI per se conviction with the vehicular assault conviction. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Marvis Deshun Pollard
A Tipton County jury convicted the Defendant, Marvis Deshun Pollard, of possession of 0.5 grams or more of methamphetamine with the intent to deliver; delivery of 0.5 grams or more of methamphetamine; simple possession of oxycodone; tampering with evidence; felony evading arrest posing a risk of danger to others; and driving on a canceled, suspended, or revoked driver’s license. The trial court imposed an effective sentence of sixteen years. On appeal, the Defendant contends that the evidence is insufficient to support his methamphetamine convictions. Upon reviewing the record and the applicable law, we affirm the judgments of the trial court. We remand the case to the trial court for entry of corrected judgments reflecting merger of the methamphetamine convictions. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Sterling Lamar Cooper
The Petitioner, Sterling Lamar Cooper, appeals the Roane County Criminal Court’s denial of his motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1. He argues that his effective twenty-four-year sentence, which included service of a nine-year community corrections sentence that was never revoked, is illegal. We affirm the trial court’s denial of the motion but remand the case for correction of clerical errors in the judgments of conviction. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Gunn
Defendant, Benjamin Gunn, was convicted of unlawful possession of cocaine with intent to sell, unlawful possession of cocaine with intent to deliver, and third offense unlawful possession of marijuana. The trial court merged the two cocaine convictions and imposed a sentence of twelve years. Defendant was sentenced to two years for possession of marijuana to be served consecutively to the possession of cocaine conviction for an effective fourteen-year sentence. On appeal, Defendant raises the following issues: (1) whether the evidence was sufficient to support his convictions for unlawful possession of cocaine with intent to sell and unlawful possession of cocaine with intent to deliver; (2) whether the trial court erred by allowing testimony concerning prior search warrants; (3) whether Defendant was properly sentenced for third offense possession of marijuana; (4) whether the trial court erred by allowing the State’s expert witness to testify concerning the characteristics of a drug dealer; (5) whether the State committed prosecutorial misconduct; (6) whether the trial court improperly commented on the legality of the search warrant; and (7) cumulative error. After a thorough review of the record, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals |
