State of Tennessee v. Michael Domonic Sales
The Defendant, Michael Domonic Sales, was convicted by a Lincoln County jury of first degree premeditated murder for which he received a life sentence. The Defendant filed a motion to correct an illegal sentence pursuant to Tennessee Rule of Criminal Procedure 36.1 because he was not sentenced by a jury, which the trial court denied. On appeal, the Defendant contends that the trial court erred in denying relief. We affirm the judgment of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. John F. Curran, III
The Defendant, John F. Curran, III, appeals his Hardin County convictions for passing a worthless check and filing a false lien, for which he received a total effective sentence of five years in the Tennessee Department of Correction. On appeal, the Defendant argues that: (1) the State failed to establish territorial jurisdiction because the offenses took place on federal property; (2) the trial court erred by denying the Defendant’s motion to recuse; (3) the trial court erred by denying defense counsel’s motion to withdraw when counsel explained he lacked knowledge and experience in federal maritime law and admiralty jurisdiction; (4) the trial court violated the Defendant’s due process rights by initially granting his pretrial motion to present affirmative defenses but later ruling those defenses could not be presented to the jury; (5) the evidence was insufficient to support the Defendant’s conviction for passing a worthless check because the payment was for a pre-existing debt and not to induce services; (6) the State committed two Brady1 violations when it failed to disclose evidence proving the State lacked jurisdiction over the case, which led to false testimony from State witnesses; and (7) the trial court erred by imposing a sentence other than the statutory minimum and by imposing an illegal sentence when it failed to cite the victims for each count, failed to order restitution for passing a worthless check, and took no action to remove the lien from the property at issue. After review, we affirm. |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Joseph Wert
The Defendant, Joseph Wert, appeals from his conviction for voluntary manslaughter, for which he received a six-year sentence. On appeal, the Defendant contends that (1) the trial court erred by excluding a text message exchange between two non-testifying individuals discussing the victim’s statement on the day of the shooting; (2) the trial court erred by allowing the State to read in front of the jury several unauthenticated text messages on the victim’s ex-wife’s cell phone between the victim, his ex-wife, and their minor daughter; (3) the State committed prosecutorial misconduct during its closing argument when it referenced the text messages between the victim, his ex-wife, and their minor daughter, and the trial court erred by overruling his contemporaneous objection thereto; (4) the trial court erred by refusing to provide a jury instruction regarding the presumed reasonableness of his use of deadly force against the victim pursuant to Tennessee Code Annotated section 39-11-611(c), commonly known as “castle doctrine.”; and (5) the evidence was insufficient to support his conviction because the State failed to disprove his self-defense claim beyond a reasonable doubt. Finally, he contends that cumulative error entitles him to a new trial. After review, we affirm the judgment of the trial court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Alan Joseph Robertson
The Defendant, Alan Joseph Robertson, appeals the Hickman County Criminal Court’s order revoking his probation for his sale of methamphetamine in an amount of 0.5 gram or more conviction and ordering him to serve the remainder of his ten-year sentence in confinement. The Defendant argues that the court abused its discretion by ordering him to serve his sentence in confinement. We affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
Dennis Wade Suttles v. State of Tennessee
The Petitioner, Dennis Wade Suttles, has filed an application for permission to appeal from the post-conviction court’s denial of his motion to reopen his petition for post-conviction relief. See Tenn. Code Ann. § 40-30-117(c); Tenn. Sup. Ct. R. 28, § 10B. The Petitioner asserts that the United States Supreme Court’s decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College, 600 U.S. 181 (2023) (“SFFA”), announced a new rule of constitutional law that should be applied retroactively to his case. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Robb Thompson
IT IS ORDERED that the Defendant’s application for interlocutory appeal is hereby DENIED. The Defendant’s Motion to Supplement the Record is also DENIED as moot. Costs associated with this appeal are hereby taxed to the Defendant. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jarvis T. Emerson
Jarvis T. Emerson, Defendant, appeals from his convictions for attempted first degree murder, especially aggravated burglary, three counts of assault, two counts of employing a firearm during the commission of a dangerous felony, and two counts of felon in possession of a firearm. He received an effective sentence of fifty-five years. Defendant argues that: (1) the evidence was insufficient to support the convictions because the State failed to establish his identity; (2) the evidence was insufficient to support the assault charges because the proof did not show the victims reasonably feared imminent bodily injury; (3) the evidence was insufficient to show Defendant was previously convicted of a felony; (4) the conviction for especially aggravated burglary should be reduced to aggravated burglary because the State relied on serious bodily injury to prosecute both the attempted first degree murder and especially aggravated burglary convictions; (5) the trial court erred in ordering partial consecutive sentencing by failing to find the required State v. Wilkerson, 905 S.W.2d 933, 939 (Tenn. 1995), factors; (6) the State failed to prove Defendant was a Range II, multiple offender; and (7) Apprendi mandates that the jury find beyond a reasonable doubt the serious bodily injury enhancement for attempted first degree murder and that this requirement makes the enhancement for attempted first degree murder the “functional equivalent of an element of a greater offense.” After a thorough review, we determine that the evidence was sufficient to support the convictions and that serious bodily injury is not an element of attempted first degree murder, such that a prosecution for both attempted first degree murder and especially aggravated burglary are prohibited by statute. We also determine Defendant has waived any challenge under Apprendi v. New Jersey, 530 U.S. 466 (2000), and any challenge to his offender classification. However, we remand for a new sentencing hearing because the trial court failed to make the requisite findings before ordering partial consecutive sentencing. Accordingly, Defendant’s convictions are affirmed, and the matter is remanded to the trial court for a hearing on the manner of service of the sentences. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Leon Noel
The Defendant, Leon Noel, pled guilty to several offenses over a period of years, and the trial court suspended each of his sentences to probation. In 2024, the State alleged that he violated a special condition requiring inpatient drug treatment. Following a revocation hearing, the trial court found a violation on that basis and ordered him to serve the balance of each of his sentences in confinement. On appeal, the Defendant contends that his conduct amounted only to a technical violation and that the trial court erred in revoking all of his suspended sentence. Upon our review, we conclude that the record does not establish whether the treatment condition applied to the suspended sentences in four of the cases, and we remand those cases for additional findings. As to the remaining case, which includes suspended felony and misdemeanor sentences, we hold that the violation constituted a first instance of a technical violation. The trial court, therefore, lacked authority to revoke the suspended felony sentence, but the revocation of the suspended misdemeanor sentence was within its discretion. We accordingly affirm in part, reverse in part, and remand for further proceedings. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gavin Allen Clark
A Coffee County Grand Jury indicted the Defendant, Gavin Allen Clark, with first-degree felony murder by aggravated child abuse (count one), first-degree felony murder by child neglect (count two), aggravated child abuse (count three), and aggravated child neglect (count four). Following a jury trial, the Defendant was convicted of the lesser-included offense of reckless homicide in counts one and two, and he was convicted as charged in counts three and four of aggravated child abuse and aggravated child neglect. He received an effective sentence of twenty-three years in confinement. In this appeal as of right, the Defendant raises the following issues for review: (1) as an issue of first impression in Tennessee, whether the verdict is defective for ambiguity because within each count the jury simultaneously convicted and acquitted; (2) whether the trial court erred in failing to act or serve as the thirteenth juror; (3) whether the evidence was sufficient to sustain his conviction of aggravated child neglect; (4) whether the trial court erred in deciding the McDaniel motions when the trial judge employed an erroneous legal standard and conducted an arbitrary hearing; (5) whether the trial court erred in permitting witnesses to testify about the Defendant’s callous demeanor; (6) whether the trial court erred in denying the motion to suppress data from the Defendant’s cell phone; (7) whether the State engaged in prosecutorial misconduct in closing argument; (8) whether the State violated the Defendant’s speedy trial rights; and (9) whether the cumulative effect of the errors requires reversal. 1 Upon review, we conclude that the verdicts returned by the jury in this case were ambiguous because they purport to simultaneously convict and acquit the Defendant. As such, the verdicts are unenforceable and cannot be given full effect. Under the circumstances of this case, we also conclude that the Defendant’s convictions are not barred from retrial based on double jeopardy principles, and we remand for a new trial. We further conclude that the trial court failed to fulfill its duty as the thirteenth juror, which also mandates reversal of the Defendant’s convictions, and remand for a new trial. We address the Defendant’s remaining issues in the event of further appellate review. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Gavin Allen Clark (Concurring in part/Dissenting in part)
While I agree with the lion’s share of the majority opinion’s meticulous review of the issues presented by Defendant on appeal, there are a couple of distinct issues on which I disagree: whether the trial court erred in failing to act or serve as the thirteenth juror; and the proper remedy for retrial of offenses, based upon an ambiguous verdict. For the reasons set forth below, I find that the trial court satisfied its role as the thirteenth juror. Furthermore, on retrial, I conclude that the State can proceed on the original charges of felony murder (counts 1 and 2), aggravated child abuse (count three), and aggravated child neglect (count four). Accordingly, I respectfully dissent in part from the majority opinion on these issues. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Joseph Kade Abbott
Defendant, Joseph Kade Abbott, pled guilty in two consolidated cases to three counts of sexual battery by an authority figure in exchange for concurrent six-year sentences, with the trial court to determine the manner of service. The trial court sentenced Defendant to six years’ incarceration to be served at 100%. Defendant appeals, arguing that the trial court erred by ordering him to serve his sentence in confinement. Upon our review of the entire record, the briefs and oral arguments of the parties, and the applicable law, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Sedrick Darnell Cummings
The Defendant, Sedrick Darnell Cummings, pled guilty to weapons-related offenses after the trial court denied his motion to suppress evidence seized following the execution of a search warrant at his residence. As a part of the Defendant’s plea agreement, he sought to reserve a certified question of law challenging the trial court’s decision that the affidavit underlying the search warrant established probable cause to search based upon an anonymous tip and the smell of marijuana. Following our review, we conclude that the certified question clearly identifies the scope and limits of the legal issue reserved as required by Tennessee Rule of Criminal Procedure 37(b)(2)(A) and that, based upon the totality of the circumstances, the search warrant failed to establish probable cause. Accordingly, the judgments of the trial court are reversed, and the case is dismissed. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Cleotha Abston a/k/a Cleotha Henderson
The Defendant, Cleotha Abston, appeals his Shelby County Criminal Court convictions of aggravated rape, aggravated kidnapping, and unlawful possession of a firearm by a convicted felon, for which he received an effective sentence of eighty years’ incarceration. On appeal, the Defendant argues (1) the trial court erred by denying his motion to exclude reference to a firearm recovered from his vehicle following his arrest, (2) the trial court erred by denying his request to instruct the jury regarding lost or destroyed evidence pursuant to State v. Ferguson, 2 S.W.3d 912 (Tenn. 1999), (3) the trial court erred by denying his motion to bifurcate his charge of unlawful possession of a firearm by a convicted felon, and (4) the evidence was insufficient to sustain his convictions. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
STATE OF TENNESSEE v. MIKEL CECIL
This matter is before the Court upon petition of the Defendant, Mikel Cecil, for an |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. James Robert Howell
A Knox County jury convicted the defendant, James Robert Howell, of four counts of |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Jordan Worthington
This matter is before the Court upon motion of the Defendant, Jordan Worthington, for review of the trial court’s order denying his motion to modify the conditions of his pretrial release. See Tenn. R. App. P. 8; Tenn. Code. Ann. § 40-11-144. The State opposes. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Mark Ketron
Following the denial of a motion to suppress, the defendant, Mark Ketron, pled guilty to |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Trace Lee Mason
The State appeals the trial court’s order granting the defendant’s motion to dismiss the fivecount |
Polk | Court of Criminal Appeals | |
State of Tennessee v. Omerrieal Woods
The defendant, Omerrieal Dywane Woods, was convicted by a Hamilton County Criminal |
Hamilton | Court of Criminal Appeals | |
Brittney Faith Swafford v. State of Tennessee
Petitioner, Brittany Faith Swafford, appeals the denial of her petition for post-conviction relief, arguing that the post-conviction court erred in concluding that she received the effective assistance of trial counsel. Petitioner argues trial counsel’s failure to retain an expert witness favorable to the defense and to adequately investigate Petitioner’s then undiagnosed mental health condition constituted the ineffective assistance of counsel. She further argues, in the context of her ineffective assistance claim, that trial counsel’s failure to investigate her undiagnosed mental health condition prevented her from entering a knowing and voluntary plea. After review, we affirm the judgment of the post-conviction court. |
Court of Criminal Appeals | ||
State of Tennessee v. Joshua McKinley Hammonds
A Washington County jury convicted the defendant, Joshua M. Hammonds, of first-degree |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Baleke Kromah
A Rutherford County jury convicted the Petitioner, Baleke Kromah, of sexual battery by an authority figure. On direct appeal, this court affirmed the Petitioner’s conviction. See State v. Kromah, No. M2011-01813-CCA-R3-CD, 2013 WL 781600, at *1 (Tenn. Crim. App. March 1, 2013), perm. app. denied (Tenn. July 17, 2013). In 2024, the Petitioner filed a petition for a writ of error coram nobis, which the coram nobis court dismissed as untimely. The Petitioner appealed, and after a thorough review of the record and the applicable law, we dismiss this appeal because the Petitioner failed to file a timely notice of appeal. |
Rutherford | Court of Criminal Appeals | |
Craig Everette Shears v. State of Tennessee
|
Knox | Court of Criminal Appeals | |
State of Tennessee v. Aaron Joseph Couvertier
The Defendant, Aaron Joseph Couvertier, entered an open plea to one count of aggravated statutory rape, a Class D felony. Following a sentencing hearing, the trial court denied the Defendant’s request for judicial diversion and imposed a two-year sentence to be served in the Tennessee Department of Correction at 100 percent service. The Defendant appeals, arguing that the trial court abused its discretion in denying judicial diversion. After review, we affirm the decision of the trial court. |
Madison | Court of Criminal Appeals | |
Bragg Morris v. Tennova Healthcare et al.
Appellant appeals the trial court’s dismissal of his health care liability action. Because Appellant has not complied with appellate briefing requirements, we dismiss this appeal. |
Montgomery | Court of Criminal Appeals |
