State of Tennessee v. Elvis Hester
A Shelby County Criminal Court Jury found the Appellant guilty of possession of marijuana, and the trial court imposed a sentence of six years. On appeal, the Appellant challenges the sufficiency of the evidence sustaining his conviction and the trial court’s sentencing him for a Class E felony instead of a Class A misdemeanor as was required by the recent amendment to Tennessee Code Annotated section 39-17-418(e). Upon review, we conclude that the evidence was sufficient to sustain the Appellant’s conviction. We further conclude that the trial court erred by sentencing the Appellant for a Class E felony, and we remand to the trial court for entry of a corrected judgment reflecting that the conviction is a Class A misdemeanor and that the accompanying sentence is eleven months and twenty-nine days. |
Shelby | Court of Criminal Appeals | |
Brian Christopher Dunn v. State of Tennessee
A Williamson County jury convicted the Petitioner, Brian Christopher Dunn, of initiating a process intended to result in the manufacture of methamphetamine and driving with a suspended, canceled, or revoked license, which the trial court then found to be his sixth offense. The trial court sentenced the Petitioner to an effective sentence of 11 months and 29 days, and this court affirmed the Petitioner’s convictions on direct appeal. State v. Brian Christopher Dunn, No. M2015-00759-CCA-R3-CD, 2016 WL 1446113, at *1 (Tenn. Crim. App., at Nashville, Apr. 12, 2016), perm. app. denied (Tenn. Aug. 17, 2016). The Petitioner filed a petition for post-conviction relief in which he alleged that his trial counsel was ineffective for failing to move to suppress the evidence against him, failing to file a Ferguson motion, and failing to file a motion for a new trial. After a hearing, the post-conviction court denied the petition. The Petitioner maintains these issues on appeal, and we affirm the post-conviction court’s judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Paul Odum
Defendant, Thomas Paul Odum, was indicted for first degree felony murder, first degree premeditated murder, conspiracy to commit aggravated burglary, aggravated burglary, burglary, theft of property valued at more than $1000, and possession of a firearm by a convicted felon. Prior to trial, the State filed a notice of intent to seek the death penalty and dismissed the first degree premeditated murder charge. At the close of the State’s proof, the trial court granted a motion for judgment of acquittal with respect to the burglary charge. The jury ultimately found Defendant guilty of felony murder, conspiracy to commit aggravated burglary, aggravated burglary, theft of property valued at more than $1000, and possession of a firearm by a convicted felon. Following the penalty phase, the jury sentenced Defendant to life without the possibility of parole. The trial judge separately sentenced Defendant to an effective sentence of five years for the remaining convictions, to be served consecutively to Defendant’s life sentence. Defendant appeals, arguing that (1) the trial court erred by denying the motion to disqualify the District Attorney’s Office prior to trial; (2) the trial court erred by denying the motion to suppress Defendant’s statement; (3) the evidence was insufficient to support the convictions; and (4) the sentence was excessive. For the following reasons, we affirm the judgments of the trial court. |
McMinn | Court of Criminal Appeals | |
Brandon Leon Forbes v. State of Tennessee
The Petitioner, Brandon Leon Forbes, was convicted of aggravated burglary, theft of property valued at $10,000 or more but less than $60,000, and vandalism of property valued at $500 or less and was sentenced as a Range III, persistent offender to a total effective sentence of twenty-four years. Subsequently, his convictions were affirmed on direct appeal. State v. Brandon Leon Forbes, No. W2014-02073-CCA-R3-CD, 2015 WL 5813434, at *1 (Tenn. Crim. App. Oct. 5, 2015). He then filed a timely petition for postconviction relief, alleging ineffective assistance of trial counsel. The post-conviction court denied relief, and we affirm that order. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Eric Todd Whitaker, Jr.
The Defendant, Eric Todd Whitaker, Jr., entered nolo contendere pleas to aggravated burglary, a Class C felony, and theft of property valued at $1,000 or more but less than $10,000, a Class D felony. See T.C.A. §§ 39-14-403 (2014) (aggravated burglary), 39-14-103 (2014) (theft of property). The trial court sentenced the Defendant to concurrent terms of four years and six months for aggravated burglary and four years for theft of property. On appeal, the Defendant contends that the trial court erred during sentencing. We affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Deshan Sanders
The Defendant, Deshan Sanders, received a five-year suspended sentence pursuant to a plea agreement, but that sentence was later fully revoked after a hearing. The Defendant then filed a motion to reduce his sentence, asking the trial court to reconsider its revocation decision. The Defendant appeals the denial of his motion. Upon review, we affirm the judgment of the Henderson County Circuit Court. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Randy Joe Richards
Defendant, Randy Joe Richards, was convicted of theft of property valued over $10,000 but less than $60,000, vandalism less than $500, and driving on a revoked license. As a result, he was sentenced to an effective sentence of fifteen years as a Range III, persistent offender. On appeal, Defendant challenges the sufficiency of the evidence and his sentence. After a review, we determine that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in sentencing Defendant to fifteen years in incarceration. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Melvin L. Horne
Defendant, Melvin L. Horne, appeals the revocation of his probation, arguing that the trial court abused its discretion when it relied on a note on the court file from the original guilty plea hearing. The State responds that the note is not properly included in the record, that Defendant waived consideration of the issue by failing to object during the hearing, and that the trial court did not abuse its discretion. Upon our review of the record, we find no abuse of discretion and affirm the judgment of the trial court. |
Wilson | Court of Criminal Appeals | |
Jewell Wayne Smith, Jr. v. State of Tennessee
The Petitioner, Jewell Wayne Smith, Jr., appeals from the Robertson County Circuit Court’s denial of his petition for post-conviction relief from his 2013 best interest guilty plea to voluntary manslaughter, for which he is serving a thirteen-year sentence. The Petitioner contends that (1) his guilty plea was involuntary and (2) he received the ineffective assistance of counsel. We affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. John David Smartt
Defendant, John David Smartt, was indicted for five counts of rape of a child, (Counts 1, 2, 3, 6, and 9); one count of rape (Count 12); three counts of especially aggravated sexual exploitation of a child, (Counts 4, 7, and 10); and three counts of aggravated sexual exploitation of a child (Counts 5, 8, and 11). Following a second jury trial, after the first trial ended in a mistrial, Defendant was convicted as charged on all twelve counts. The trial court imposed and effective sentence of 153 years' incarceration. In this appeal as of right, Defendant contends that: 1) the trial court erred by allowing testimony regarding a recorded phone call by the victim to Defendant; 2) the trial court erred by allowing into evidence Defendant's wife's journal; 3) the evidence was insufficient to support Defendant's convictions; 4) this court should overturn prior case law, so that the testimony of a victim regarding the content of sexually explicit material must be corroborated; and 5) his sentence is excessive. Having reviewed the entire record and the arguments of the parties, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
Kenneth Krasovic v. State of Tennessee
A jury convicted the Petitioner, Kenneth Krasovic, of reckless vehicular homicide and five counts of reckless endangerment with a deadly weapon after he decided to pass a truck on a hill and collided with both the truck and an oncoming vehicle. The Petitioner appeals the denial of his post-conviction petition, alleging that he received the ineffective assistance of counsel because his trial attorney presented inadequate expert testimony and advised the Petitioner not to testify at trial. After a thorough review of the record, we affirm the post-conviction court’s denial of relief. |
Grundy | Court of Criminal Appeals | |
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 |
