Antoine Cardet Smith v. State of Tennessee
The Petitioner, Antoine Cardet Smith, appeals from the denial of post-conviction relief by the Montgomery County Circuit Court. In this appeal, he argues that he received ineffective assistance of counsel. Upon our review, we affirm the judgment of the |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Joshua Iceman
The Defendant, Joshua Iceman, was convicted by a jury of aggravated child abuse and first degree felony murder, for which he received concurrent terms of eighteen years and life imprisonment, respectively. The Defendant appeals, arguing (1) that his statement at the hospital resulted from custodial interrogation given without proper Miranda warnings and, therefore, that statement should have been suppressed; (2) that the State experts’ testimony on “shaken-baby syndrome and/or non-accidental trauma” was not sufficiently reliable to warrant its admission; (3) that the evidence was insufficient to support his convictions because the jury was faced with conflicting expert testimony; and (4) that the trial court erred in enhancing his sentencing term for his aggravated child abuse conviction above the minimum in the Class A felony range. Following our review of the record, we affirm the judgments of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. David Sharp
A Maury County Circuit Court Jury convicted the Appellant, David Sharp, of evading arrest, a Class E felony, and driving on a revoked license, a Class B misdemeanor. After a sentencing hearing, he received an effective eighteen-month sentence to be served as ninety days in jail and the remainder on supervised probation. On appeal, the Appellant contends that the trial court erred by allowing the State to introduce a photograph into evidence to rebut a defense witness’s testimony and that the evidence is insufficient to support the convictions. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by admitting the photograph and that the error was not harmless. Therefore, the Appellant’s convictions are reversed, and the case is remanded to the trial court for further proceedings consistent with this opinion. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey W. Tittle
A jury convicted the Defendant, Jeffrey W. Tittle, of attempted aggravated kidnapping and aggravated assault, Class C felonies, for grabbing the victim, placing a knife to her throat, and dragging her approximately twenty feet down a dark driveway into a scrap yard. The Defendant was sentenced to ten years for each offense, to be served consecutively. On appeal, the Defendant challenges the trial court’s decision to introduce a video from the responding officer’s patrol car, the trial court’s decision to permit the jury to view the video more than once, and the trial court’s refusal to merge the offenses based on the principles of double jeopardy and due process. We conclude that there was no error in admitting the video, that there was no error in allowing the jury to view it during deliberations, that double jeopardy principles do not bar dual convictions for attempted aggravated kidnapping and aggravated assault, and that there is no basis to disturb the determination of the jury that any removal or confinement was beyond that necessary to commit the aggravated assault. Accordingly, we affirm the trial court’s judgments. We remand only for the correction of clerical errors in the judgment form. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Derrick Richardson
On December 10, 1992, Derrick Richardson, the Petitioner, was convicted of first degree felony murder and sentenced to life. On appeal, this court affirmed the Petitioner’s conviction. See State v. Derrick Richardson, No. 03C01-9305-CR-00165, 1994 WL 247114, at *1 (Tenn. Crim. App. June 9, 1994), perm. app. denied (Tenn. Sept. 12, 1994) (concurring in results only). The Petitioner filed a petition for writ of error coram nobis based on the affidavits of three individuals who claimed that one of the State’s “key witnesses,” LaKeysh Davis, lied about seeing the Petitioner shoot the victim because she was inside her home and could not have seen the location where the shooting occurred. The Petitioner claims that the information provided by the affiants is newly discovered evidence. Following a hearing, the coram nobis court denied coram nobis relief. We affirm. |
Hamilton | Court of Criminal Appeals | |
David L. Alford v. State of Tennessee
The pro se petitioner, David L. Alford, appeals from the Knox County Criminal Court’s judgment summarily dismissing his petition for a writ of error coram nobis. The State has filed a motion to affirm the trial court’s judgment pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s position is well-taken and affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. David A. Brimmer
The pro se Appellant, David A. Brimmer, appeals the Anderson County Circuit Court’s order summarily dismissing his motion to correct an illegal sentence. See Tenn. R. Crim. P. 36.1. The State has filed a motion to affirm the trial court’s order pursuant to Tennessee Court of Criminal Appeals Rule 20. Following our review, we conclude that the State’s motion is well-taken and affirm the order of the trial court. |
Anderson | Court of Criminal Appeals | |
Joshua Paul Lewis v. State of Tennessee
A Cumberland County jury convicted the Petitioner, Joshua Paul Lewis, of two counts of rape of a child and one count of attempted rape of a child, and the trial court sentenced him to serve an effective sentence of twenty-five years. This court affirmed the Petitioner’s convictions and sentence. State v. Joshua Paul Lewis, No. E2014-00918- CCA-R3-CD, 2015 WL 795856 (Tenn. Crim. App., at Knoxville, Feb. 25, 2015), no Tenn. R. App. P. 11 filed. The Petitioner subsequently filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel. The post-conviction court held a hearing on the petition and denied relief. We affirm the post-conviction court’s judgment. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Robert J. Bynum
The defendant, Robert J. Bynum, appeals his Franklin County Circuit Court jury conviction of facilitation of the possession with intent to sell or deliver .5 grams or more of cocaine, challenging the sufficiency of the evidence as well as the propriety of the total effective sentence imposed for all the convictions in this case. Discerning no error, we affirm. |
Franklin | Court of Criminal Appeals | |
Richard Lloyd Odom v. State of Tennessee
The Petitioner, Richard Lloyd Odom, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief from his conviction of first degree felony murder and resulting sentence of death. On appeal, the Petitioner contends that he received the ineffective assistance of counsel, raises various issues related to his post-conviction evidentiary hearing, and challenges the imposition of the death penalty. Having discerned no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eric Milon
A Shelby County jury convicted the Defendant, Eric Milon, of being a felon in possession of a firearm and of being a felon in possession of a handgun. The trial court merged the two convictions and sentenced the Defendant to five years of incarceration. On appeal, the Defendant contends that the trial court erred when it denied his motion to suppress evidence seized during a stop and search of the Defendant and when it admitted inadmissible hearsay. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgment. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lamantez Desha Robinson
Lamantez Desha Robinson (“the Defendant”) was convicted by a Davidson County jury of attempted second degree murder and sentenced to twelve years’ incarceration. In this direct appeal, the Defendant contends that the trial court erred in admitting into evidence a Facebook photograph of the Defendant posing with two handguns and that the evidence submitted at trial was insufficient to support his conviction. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James William Mabe
The Defendant, James William Mabe, was found guilty by a Warren County Circuit Court jury of three counts of attempted rape of a child, a Class B felony, and three counts of aggravated sexual battery, a Class B felony. See T.C.A. §§ 39-13-522 (2014) (child rape); 39-12-101 (2014) (attempt); 39-13-504 (2014) (aggravated sexual battery). The trial court merged the attempted child rape convictions with the aggravated sexual battery convictions and imposed eleven-year sentences for each conviction. The court ordered partial consecutive sentences, for an effective twenty-two-year sentence at 100% service. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions, (2) the trial court erred by failing to require the State to make an election of the offenses, (3) the trial court erred by failing to instruct the jury on the lesser included offenses of child rape; and (4) his sentence is excessive. We affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Stephen Alexander Lyczkowski
The Defendant, Stephen Alexander Lyczkowski, entered a guilty plea in the Maury County Circuit Court to domestic aggravated assault with the length of the sentence to be determined by the trial court. Following a hearing, the trial court imposed a sentence of ten years. On appeal, the sole issue presented for our review is whether the trial court imposed an excessive sentence. The judgment of the trial court is affirmed. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Vincent D. Clark
In this appeal as of right, the State challenges the Montgomery County Circuit Court’s dismissal of a probation revocation warrant as untimely. Because the probationary period of the defendant, Vincent D. Clark, had not expired at the time of the filing of the revocation warrant, the trial court erred in its dismissal. Accordingly, we vacate the trial court’s judgment and remand for a new hearing. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Nelson
Following a trial, a Coffee County jury found the Defendant, Billy Joe Nelson, guilty of aggravated rape, carjacking, robbery, and two counts of aggravated kidnapping. The trial court sentenced the Defendant to a total effective sentence of thirty years in the Department of Correction. On appeal, the Defendant challenges whether the State sufficiently proved his identity as the perpetrator of the offenses. Upon review, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Alan Terry Stein
A Davidson County Criminal Court jury convicted the Defendant, Alan Terry Stein, of driving under the influence (DUI) and driving with a blood alcohol concentration of .08 percent or more (DUI per se), and he received a sentence of eleven months and twenty-nine days, suspended to supervised probation. On appeal, the Defendant contends that the trial court erroneously instructed the jury and improperly denied his motions for special jury instructions. Upon review, we affirm the judgments of the trial court. However, we remand the case for entry of a judgment form as to count one reflecting that the Defendant’s DUI conviction was merged with count two. |
Davidson | Court of Criminal Appeals | |
Carroll Crews v. State of Tennessee
The Petitioner, Carroll Crews, appeals from the denial of post-conviction relief by the Dyer County Circuit Court. In this appeal, she argues that she received ineffective assistance of counsel. Upon our review, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Kandi Sue Gaines
The Defendant, Kandi Sue Gaines, was convicted at a Lawrence County Circuit Court bench trial of shoplifting property valued at $500 or less, a Class A misdemeanor, for which she is serving an eleven-month, twenty-nine-day sentence on probation. See T.C.A. § 39-14-146 (2014) (amended 2017) (theft of property involving merchandise). On appeal, she contends that the evidence is insufficient to support her conviction. We affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Dennis Miller
The Defendant, Dennis Gregory Miller, entered a guilty plea to reckless aggravated assault, a Class D felony, with the punishment to be determined by the trial court. The Defendant requested judicial diversion and a sentence to be served on probation. After a hearing, the trial court denied diversion and imposed a two-year sentence, with sixty days to be served incarcerated and the remainder on probation. The Defendant appeals, asserting that the trial court abused its discretion. After a thorough review of the record, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
State of Tennessee v. Gregory Ricardo McDonald, III
Following a bench trial, the Defendant, Gregory Ricardo McDonald III, was convicted of one count of criminal impersonation, a Class B misdemeanor; two counts of forgery of $500 or less, a Class E felony; and one count of identity theft, a Class D felony. See Tenn. Code Ann. §§ 39-14-105, -14-114, -14-150, -16-301 (2012). The trial court subsequently imposed a total effective sentence of twelve years. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his convictions and (2) that his statement to police should have been excluded because “there was not an adequate waiver executed in acknowledgement of his” Miranda v. Arizona, 384 U.S. 436 (1966), warnings. Discerning no error, we affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
Randy A. Rice v. State of Tennessee
Petitioner, Randy A. Rice, appeals the denial of his petition seeking post-conviction relief from his convictions for felony murder and facilitation of especially aggravated robbery. Petitioner argues that he received ineffective assistance of both trial and appellate counsel. Upon our review of the record, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Marquize Berry v. State of Tennessee
The petitioner, Marquize Berry, appeals the denial of his post-conviction petition, arguing trial counsel’s failure to file a pre-trial motion regarding video evidence of the crime pursuant to State v. Ferguson, 2 S.W.3d. 912 (Tenn. 1999), was ineffective. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Scottie Lee Mofield
The Defendant, Scottie Lee Mofield, was found guilty by a Davidson County Criminal Court jury of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2014) (amended 2015, 2016, 2017). The trial court sentenced the Defendant as a Range II, multiple offender to eight years’ confinement and ordered his sentence to be served consecutively to a sentence in an unrelated case. On appeal, the Defendant contends that the trial court erred (1) during sentencing and (2) by denying his motion for a new trial on the basis of newly discovered evidence. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Brichetto
The pro se appellant appeals as of right from the Morgan County Criminal Court's order denying post-judgment motions filed pursuant to Tennessee Rule of Criminal Procedure "36 et seq." The trial court summarily denied the pleadings based upon the pro se appellant's earlier execution of a waiver of all direct, post-conviction, and collateral challenges to the conviction, in exchange for his codefendant-wife's receiving a more lenient sentence. Because this court has twice ruled that the waiver was knowingly and voluntarily entered, we sua sponte affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Rules of the Court of Criminal Appeals. |
Morgan | Court of Criminal Appeals |
