State of Tennessee v. Hunter Lowery
Hunter Lowery, Defendant, entered an open plea of guilty to aggravated assault, and |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Marshawn Brakefield
A Shelby County jury convicted the Defendant, Marshawn Brakefield, of attempted first degree murder involving serious bodily injury and employing a firearm during the commission of a dangerous felony. The trial court sentenced the Defendant to serve an effective sentence of twenty-eight years. On appeal, the Defendant challenges the legal sufficiency of the evidence supporting his convictions, arguing that the only proof at trial was the testimony of a single witness who was not credible. Upon our review, we respectfully affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tandrea Laquise Sanders
The Defendant, Tandrea Laquise Sanders, pled guilty to assault and contributing to the delinquency of a minor. After a sentencing hearing, the trial court imposed concurrent sentences of eleven months and twenty-nine days. The sentences were suspended to probation after service of six months in custody. On appeal, the Defendant argues that the trial court abused its discretion in ordering a sentence of split confinement and failed to properly fix a percentage of the sentence to be served before consideration of rehabilitative programs. Upon our review, we respectfully affirm the trial court’s judgments. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. James Leon Parker
Defendant, James Leon Parker, appeals the Sullivan County Criminal Court’s summary |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Shane Dwight Bingham
The Defendant, Shane Dwight Bingham, appeals from his convictions for attempted second degree murder, aggravated assault, and employment of a firearm during the commission of a dangerous felony. On appeal, the Defendant argues that (1) the evidence was insufficient to establish his identity as the perpetrator of the offenses; (2) the trial court erred by admitting evidence of the Defendant’s flight from police; and (3) the trial court erred by instructing the jury on flight. Following our review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Mack Mandrell Loyde v. State of Tennessee
In 2016, the Petitioner, Mack Mandrell Loyde, was convicted of aggravated burglary, aggravated robbery, and employing a firearm during the commission of a dangerous felony, for which he received an effective sentence of life without parole. In 2018, this court affirmed his convictions and remanded for resentencing. State v. Loyde, No. M2017- 01002-CCA-R3-CD, 2018 WL 1907336, at *1-3 (Tenn. Crim. App. Apr. 23, 2018), perm. app. denied (Tenn. Aug. 8, 2018). In 2019, the Petitioner filed a petition seeking post-conviction relief based on ineffective assistance of counsel, the denial of which was affirmed on appeal. Loyde v. State, No. M2022-01132-CCA-R3-PC, 2023 WL 5447386, at *3 (Tenn. Crim. App. Aug. 24, 2023). In 2023, five years after his convictions and sentence became final, the Petitioner, acting pro se, filed the instant petition for writ of error coram nobis, which was summarily dismissed as beyond the one-year statute of limitations. In this appeal, the Petitioner contends he is entitled to equitable tolling of the limitations period based on an affidavit from an individual, Brandy Oldaker, who claimed to have been involved in the underlying offenses and who denied the Petitioner was involved. The Petitioner claims the affidavit is newly discovered evidence of his innocence.1 Upon review, we affirm. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Taylor
A Shelby County Grand Jury indicted the Defendant, Michael Taylor, for first degree |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Eugene Smith
Eugene Smith, Defendant, entered best interest pleas to two counts of attempted aggravated sexual battery with sentencing left open to the trial court. Following a sentencing hearing, the trial court sentenced Defendant to an effective sentence of twelve years in confinement. On appeal, Defendant argues the trial court erred in imposing the maximum sentence of six years on each count, imposing consecutive sentences, and denying alternative sentencing. After reviewing the record and applicable law, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Cloe Byrer
The Defendant, Benjamin Cloe Byrer, was convicted by a Gibson County Circuit Court jury of second degree murder, a Class A felony. See T.C.A. § 39-13-210 (2018). The Defendant was sentenced to nineteen years’ incarceration. On appeal, he contends that the evidence is insufficient to support his conviction. We affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Malik DeWayne Hardin
The Defendant, Malik DeWayne Hardin, appeals the denial of his motion for resentencing |
Knox | Court of Criminal Appeals | |
Carlos Stokes v. State of Tennessee
The Petitioner, Carlos Stokes, appeals the Shelby County Criminal Court’s summary dismissal of his petition for a writ of error coram nobis from his convictions for first degree murder, conspiracy to commit first degree murder, reckless endangerment, two counts of attempted first degree murder, and two counts of employing a firearm during the commission of a dangerous felony, for which he received a sentence of life imprisonment plus fifty-four years. He contends that he is entitled to equitable tolling of the statute of limitations and requests that this court appoint a special judge to preside over this case on remand. We conclude that the Petitioner is entitled to due process tolling of the statute of limitations. As a result, the judgment of the coram nobis court is reversed, and the case is remanded to the court for an evidentiary hearing on the merits of the petition. We decline to appoint a special judge for subsequent proceedings. |
Shelby | Court of Criminal Appeals | |
Larry B. Sexton v. State of Tennessee
Petitioner, Larry B. Sexton, appeals as of right from the Lawrence County Circuit Court’s denial of his petition for post-conviction relief, wherein he challenged his conviction for aggravated statutory rape, for which he received a sentence of twelve years’ incarceration. On appeal, Petitioner contends that, during trial, his right to due process of law was violated when the trial court permitted the State to reopen proof following his motion for judgment of acquittal. Additionally, Petitioner asserts that he was denied the effective assistance of counsel based upon trial counsel’s failure to: (1) communicate the State’s plea offer to him; (2) request a trial continuance following the issuance of an amended indictment; (3) prepare a mistake of fact defense and interview potential witnesses to support this defense; (4) request a jury instruction on mistake of fact; (5) argue at sentencing and on direct appeal that NCIC entries are not “reliable hearsay” for purposes of sentencing; (6) object during sentencing when the trial court failed to comply with Tennessee Code Annotated section 40-35-106(b)(5) and raise the issue on appeal; and (7) adequately argue during trial and on appeal the issue of the reopening of proof. Following a thorough review, we affirm. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Brittany Linda Lou Davis
The defendant, Brittany Linda Lou Davis, appeals her Lincoln County Circuit Court jury convictions of delivering and selling .5 grams or more of methamphetamine, arguing that the trial court erred by admitting a recording of the controlled buy, that the evidence was insufficient to support her convictions, and that the trial court erred by sentencing her as a Range III offender. Discerning no error, we affirm. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Torrian Seantel Bishop
The Defendant, Torrian Seantel Bishop, pleaded guilty in the Obion County Circuit Court to the unlawful possession of a weapon, a Class B felony, and theft of property, a Class E felony. See T.C.A. §§ 39-17-1307(b)(1) (Supp. 2023) (unlawful possession of a weapon), 39-14-103 (2018) (theft of property). The trial court sentenced the Defendant to an effective twelve-year sentence in confinement. On appeal, the Defendant presents a certified question of law regarding the legality of the search of his car. We affirm the judgments of the trial court. |
Obion | Court of Criminal Appeals | |
Quartes Williams v. Brandon Watwood, Warden
The Petitioner, Quartes Williams, appeals the Lake County Circuit Court’s summary dismissal of his petition for a writ of habeas corpus from his convictions for first degree murder during the perpetration of a robbery and facilitation of especially aggravated robbery. The Petitioner contends that the habeas corpus court erred by summarily dismissing his petition. We affirm the judgment of the habeas corpus court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Marcus Terrell Bradford
The Defendant, Marcus Terrell Bradford, was convicted by a Bradley County Criminal Court Jury of assault, a Class A misdemeanor; and disorderly conduct, a Class C misdemeanor, and was sentenced by the trial court to consecutive terms of 11 months, 29 days for the assault conviction and 30 days for the disorderly conduct conviction, to be served at 75% in the county jail. On appeal, the Defendant argues that the trial court erred by imposing the maximum sentences for the offenses, by ordering that the sentences run consecutively, and by not allowing any alternative sentencing options. Based on our review, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
Antonio Benson v. State of Tennessee
The Petitioner, Antonio Benson, appeals the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his conviction for first degree premeditated murder. On appeal, the Petitioner contends that the post-conviction court erred by denying relief on his claim alleging that his attorneys were ineffective for failing to meaningfully present the Petitioner’s self-defense claim. After review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Lynn Taylor
The Defendant, Anthony Lynn Taylor, appeals the Sullivan County Criminal Court’s revoking his probation and ordering him to serve his effective four-year sentence in confinement. On appeal the Defendant claims that the trial court abused its discretion by finding that he absconded from probation and that the trial court failed to place sufficient findings on the record to justify placing his sentence into effect. Based on our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Dashawn Patrick Sloan and Demetrius Trevon Higgins
A Davidson County Jury convicted DaShawn Patrick Slone1 and Demetrius Trevon Higgins, Defendants, of first degree premeditated murder and abuse of a corpse. The trial court imposed effective sentences of life plus six years for Defendant Slone and life plus four years for Defendant Higgins. On appeal, Defendants contend that the evidence is insufficient to support their convictions. After review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Andrew Neal Davis
The defendant appeals from the trial court’s denial of his motion for access to the sealed Department of Children’s Services (“DCS”) juvenile records relating to the victim’s mother’s records which were sealed to public inspection but provided to the parties prior to the defendant’s trial. Upon our review of the record, the briefs of the parties, and the applicable law, we conclude the defendant does not have an appeal as of right from the denial of his motion. Additionally, the defendant has failed to establish review as a petition for writ of certiorari is appropriate. Therefore, the instant appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Phennix Givens
A Shelby County jury convicted Defendant, Phennix Givens, of three counts of especially aggravated kidnapping, one count of aggravated rape, two counts of aggravated assault, and one count of aggravated cruelty to animals. The trial court sentenced Defendant to an effective forty-six-year sentence. Defendant appeals, arguing that the evidence was insufficient to support his convictions and that the trial court abused its discretion in imposing consecutive sentencing. Following our review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Timothy Whitby
Following a bench trial, the trial court found the Defendant, Timothy Whitby, guilty of: |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Terry L. Gragg
The Appellant, Terry L. Gragg, appeals his conviction of aggravated assault for which he received a sentence of four years’ probation. On appeal, he argues that the evidence is insufficient to support his conviction because the State failed to prove beyond a reasonable doubt that he did not act in self-defense. After review, we affirm the trial court’s judgment. |
Robertson | Court of Criminal Appeals | |
Albert Bohannon v. Grady Perry, Warden
The Petitioner, Albert Bohannon, appeals the Wayne County Circuit Court’s summary dismissal of his pro se petition seeking habeas corpus relief. After review, we affirm the dismissal because the Petitioner is no longer imprisoned or restrained of his liberty and the petition fails to comply with the statutory requirements. |
Wayne | Court of Criminal Appeals | |
Larry J. Bradley v. State of Tennessee
Petitioner, Larry J. Bradley, appeals from the Montgomery County Circuit Court’s denial of his petition for post-conviction relief related to his convictions for evading arrest, attempted carjacking, aggravated burglary, and assault. Petitioner argues that the post-conviction court erred in denying relief based upon his claims that he received ineffective assistance of counsel because (1) trial counsel argued that Petitioner was guilty of attempted carjacking without consulting with Petitioner and (2) trial counsel failed to properly determine the felony classification for Petitioner’s Indiana convictions for purposes of sentencing. He also argues the “Circuit Court erred in denying [Petitioner’s] petition to set aside the sentence on the attempted carjacking conviction due to the ineffective assistance of counsel.” After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals |
