State of Tennessee v. Dominique Michael Byrd
A Knox County jury found the Defendant, Dominique Michael Byrd, guilty of theft of property and vandalism, and the trial court sentenced him to serve an effective sentence of eleven months and twenty-nine days. On appeal, the Defendant argues only that the evidence is legally insufficient to show that he is the person who committed the crimes. On our review, we respectfully disagree and affirm the trial court’s judgments. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Duane R. Doxtater
The Defendant, Duane R. Doxtater, appeals the trial court’s revocation of his effective tenyear |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Christopher Guy
The Defendant, Christopher Guy, appeals the trial court’s revocation of his effective sixyear |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kim Owen Alley
The Hawkins County Grand Jury charged the Defendant, Kim Owen Alley,1 by |
Hawkins | Court of Criminal Appeals | |
State of Tennessee v. David Lyndel Cochran
Defendant, David Lyndel Cochran, stands convicted of one count each of aggravated rape and aggravated kidnapping. He appeals, arguing the evidence was insufficient to sustain his convictions and that the trial court erred in allowing a sexual assault nurse examiner to offer expert testimony. After review, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gregory Ryan Webb
A Cumberland County jury convicted Defendant, Gregory Ryan Webb, of one count of domestic assault, a Class A misdemeanor, and the trial court sentenced him to eleven months, twenty-nine days in the county jail at seventy-five percent service. On appeal, Defendant argues: (1) the trial court erred by denying his pretrial motion to dismiss based on the State’s failure to preserve body camera footage from the crime scene; (2) there was insufficient evidence to support his conviction; and (3) his sentence was excessive. After review, we affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. John Butler
The Appellant, John Butler, entered a guilty plea to three counts of aggravated assault and one count of reckless endangerment with a deadly weapon and was placed on judicial diversion with a probationary period of six years. The State subsequently alleged that the Appellant violated his probation, and, following a hearing, the trial court revoked the Appellant’s diversion and entered judgments of conviction imposing an effective sentence of three years to be served in confinement. In this appeal, the Appellant contends the trial court erred in revoking the Appellant’s diversion and in ordering confinement. Upon our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John Butler
I concur in the majority’s conclusion that the trial court acted within its discretion in revoking the Defendant’s judicial diversion probation and imposing a three-year sentence. I part ways with my fellow panel members in my reasoning for this conclusion. |
Shelby | Court of Criminal Appeals | |
Detrick Turner v. State of Tennessee
Petitioner, Detrick Turner, appeals the denial of his post-conviction petition, arguing that |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Albert Franklin Thompkins, Jr.
A Knox County jury convicted the Defendant, Albert Franklin Thompkins, Jr., of two counts of aggravated sexual battery and two counts of rape of a child. The trial court sentenced the Defendant to an effective sentence of thirty-three years. On appeal, the Defendant argues that the evidence is legally insufficient to support his convictions. He also asserts that the trial court (1) violated “the spirit” of Batson v. Kentucky, 476 U.S. 79 (1986), when an African American juror was randomly selected and excused as an alternate juror at the end of trial; and (2) erred in failing to grant a mistrial and a motion for a new trial when defense witnesses failed to appear despite being subpoenaed to testify. Upon our review, we respectfully affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Rony Noe Ambrocio Cruz
Defendant, Rony Noe Ambrocio Cruz, was convicted by a Cumberland County jury of |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Timothy Hutcherson
The Defendant, Timothy Hutcherson, was convicted of second degree murder, attempted second degree murder, two counts of aggravated assault, two counts of possession of a firearm during the commission of a dangerous felony, and reckless endangerment and received an effective sentence of twenty-three years in confinement. On appeal, he contends that the evidence is insufficient to support his conviction of second degree murder, that the trial court erred by failing to suppress his statement to police, and that the trial court erred by allowing the jury to hear about his gang affiliation in violation of Tennessee Rule of Evidence 404(b). Based on our review, we affirm the judgments of the trial court but remand the case to the trial court for correction of the judgment in count nine. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Stephen Novatne
The Defendant, Stephen Novatne, pled guilty to possessing methamphetamine in a drug-free zone and agreed to serve a sentence of eight years. He later filed a motion asking the trial court to resentence him in accordance with the 2020 amendments to the Drug-Free Zone Act. The trial court declined to do so, finding that resentencing was not in the interests of justice, and the Defendant appealed. Because the Defendant does not have an appeal as of right from a denial of resentencing under the Drug-Free Zone Act, we respectfully dismiss the appeal. |
Rutherford | Court of Criminal Appeals | |
Humberto Paulino Gomez v. State of Tennessee
The petitioner, Humberto Paulino Gomez, appeals the denial of his petition for postconviction |
Greene | Court of Criminal Appeals | |
Martrice Thomas v. State of Tennessee
A Shelby County jury convicted the Petitioner, Martrice Thomas, of first degree |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Leonard John Clemons
Leonard John Clemons, Defendant, was convicted of attempted burglary, burglary, |
Knox | Court of Criminal Appeals | |
Marcus Anthony Robey v. State of Tennessee
In 2013, the Petitioner, Marcus Anthony Robey, pleaded guilty to evading arrest and criminal impersonation in exchange for an effective sentence of eleven months and twenty-nine days. In a bifurcated proceeding, a jury convicted the Petitioner of aggravated robbery following which he pleaded guilty to possession of a weapon by a convicted felon. For these convictions he received concurrent thirty- and fifteen-year sentences, respectively. State v. Robey, No. M2015-00306-CCA-R3-CD, 2016 WL 4487954, at *1 (Tenn. Crim. App. Aug. 25, 2016), perm. app. denied (Tenn. 2016). Thereafter, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that the trial court lacked subject matter jurisdiction related to the indictment, and that the State withheld evidence resulting in prosecutorial misconduct. The post-conviction court denied his petition after a hearing. After review, we affirm the post-conviction court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Tailor James Simpson
Defendant, Tailor James Simpson, appeals the trial court’s order revoking his probationary |
Dyer | Court of Criminal Appeals | |
Jerry P. Haley v. Grady Perry, Warden
The Petitioner, Jerry P. Haley, appeals from the Lauderdale County Circuit Court’s |
Lauderdale | Court of Criminal Appeals | |
Joseph Jerome Griggs v. State of Tennessee
The Petitioner, Joseph Jerome Griggs, appeals from the Hardeman County Circuit Court’s |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Devoris Antoine Newson
Pursuant to a plea agreement, the Defendant, acting pro se, entered guilty pleas to various |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Cameron Tommy Beard
The Appellant was convicted by an Anderson County jury of reckless aggravated assault |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Jamil Toure Holloway
A Davidson County jury convicted the Defendant, Jamil Toure Holloway, of first degree premeditated murder, first degree felony murder, attempted first degree murder causing serious bodily injury, and aggravated assault with a deadly weapon. The trial court imposed a life sentence plus thirty-one years in the Tennessee Department of Correction. The Defendant appeals, contending that there is insufficient evidence to support his convictions. After review, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Stephen D. Demps v. State of Tennessee
A Putnam County jury convicted the Petitioner, Stephen D. Demps, of four counts of aggravated sexual battery and five counts of rape of a child. The trial court sentenced him to twenty-five years of incarceration. The Petitioner appealed his convictions to this court, and we affirmed the judgments. State v. Demps, No. M2017-00641-CCA-R3-CD, 2018 Tenn. Crim. App. LEXIS 156, at *1 (Tenn. Crim. App. Feb. 27, 2018), no perm. app. filed. Subsequently, the Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel, that law enforcement altered evidence, and that the State committed prosecutorial misconduct. The post-conviction court denied the petition after a hearing. After review, we affirm the post-conviction court’s judgment. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Tony Manning
A Knox County jury convicted the Defendant, Tony Manning, of rape, attempted rape, and aggravated assault. The trial court sentenced the Defendant to serve an effective sentence of eight years in the Tennessee Department of Correction. On appeal, the Defendant argues that the evidence is insufficient to support his convictions. He also contends that the trial court erred in finding that the State’s expert was qualified and by allowing the expert to testify outside of her area of expertise. In response, the State argues, in part, that the Defendant waived any issue concerning the expert by failing to object at trial and by filing an untimely motion for a new trial. On our review, we conclude that the Defendant’s notice of appeal was untimely filed. We also conclude that the “interest of justice” does not require us to waive the timely filing of the notice of appeal, and we respectfully dismiss the appeal. |
Knox | Court of Criminal Appeals |