State of Tennessee v. Linda Garvin
The defendant, Linda Garvin, pleaded guilty to two counts of the sale of cocaine in the amount of .5 grams or less, Class C felonies. She received two four-year sentences to be served consecutively on probation for an effective sentence of eight years. She admitted to violating the terms of her probation. After a probation revocation hearing, the trial court found that the defendant had violated the terms of her probation and ordered her to serve the remainder of her sentence in the penitentiary. The defendant now appeals, arguing that her right to due process was violated because the trial court revoked her probation without making a sufficient statement as to the evidence relied upon and the reasons for revoking probation and that the trial court abused its discretion in revoking her probation. After a thorough review of the record, we affirm the judgment of the trial court. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Cheryl A. King
Appellant, Cheryl A. King, entered a no contest plea to arson, a Class C felony, and applied for judicial diversion. The trial court denied diversion and sentenced her to three years, suspended to probation. Appellant now appeals from the denial of judicial diversion. Following our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Johnathan R. Johnson
Johnathan R. Johnson (“the Defendant”) was convicted on two counts of driving on a suspended driver’s license, one count of possession of .5 grams or more of a substance containing cocaine with intent to sell or deliver, one count of possession of contraband in a penal institution, and one count of simple possession of marijuana. In this direct appeal, the Defendant contends that: (1) the trial court erred when it denied his motions to suppress certain evidence; (2) the trial court erred when it admitted evidence of a Tennessee Bureau of Investigation (“TBI”) lab report which the Defendant alleges was not provided in discovery; (3) the evidence was insufficient to support his conviction for possession of .5 grams or more of a substance containing cocaine with intent to sell or deliver; and (4) the trial court erred in denying alternative sentencing. After a thorough review of the record and applicable law, we affirm the judgements of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Russell Leaks
The defendant, Russell Leaks, pleaded guilty to theft of property over $1,000, burglary of a motor vehicle, and two counts of identity theft and received an effective sentence of twelve years in the Tennessee Department of Correction to be served as a career offender at 60%. The defendant later filed a petition requesting that the trial court suspend the remainder of his sentence and place him on community corrections. The trial court denied the petition, and the defendant appeals. We affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Craig Thomas
Appellant, James Craig Thomas, was convicted by a Johnson County jury of aggravated assault, a Class C felony. The trial court sentenced him to serve twelve years in the Tennessee Department of Correction as a persistent offender. On appeal, appellant argues that the evidence was insufficient to support his conviction, that the assistant district attorney general committed prosecutorial misconduct during his closing argument, and that the trial court’s sentencing was inappropriate. Following our review, we affirm the judgment of the trial court. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Terence Dewayne Borum, aka "Measle"
The defendant, Terence Dewayne Borum, pleaded guilty to burglary, theft over $1,000, and vandalism over $500 with the sentence to be determined by the trial court. Following a sentencing hearing, the trial court found the defendant to be a persistent offender and imposed an effective ten-year sentence to be served on probation. The State appeals contending that the trial court erred in finding the defendant to be a persistent, rather than a career, offender. Based upon our review of the record and the applicable law, we reverse the judgment of the trial court and remand the case to the trial court for further proceedings consistent with this opinion. |
Tipton | Court of Criminal Appeals | |
Clint Sims v. State of Tennessee
The petitioner, Clint Sims, appeals the denial of his petition for post-conviction relief, arguing that both his waiver of appointed counsel and his pro se guilty pleas were unknowing due to his mental health issues and the conditions he endured at the jail. Following our review, we affirm the judgment of the post-conviction court denying the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tray Dontacc Chaney
The defendant was indicted for first degree premeditated murder, attempted first degree murder, carjacking, aggravated assault, employing a firearm in the commission of a dangerous felony, and felony evading arrest. After the defendant was determined to be competent to stand trial, counsel filed a motion asking that the defendant be allowed to present expert proof of a mental disease or defect to show that he could not form the requisite state of premeditation. The State objected to the introduction of this evidence, and the defendant responded by asserting that, while the expert witness could not state unequivocally that he could not form the requisite intent, the testimony was admissible as bearing on the defendant’s intent. Following a hearing, the trial court denied the State’s motion to bar this testimony. The State then requested, and the trial court granted, the filing of a Tennessee Rule of Appellate Procedure 9 appeal, which this court granted. Following our review, we agree with the State that the proferred evidence is inadmissible, reverse the order of the trial court, and remand this matter for further proceedings consistent with this opinion. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Arthur Crutcher
A Shelby County Criminal Court Jury convicted the appellant, Arthur Crutcher, of aggravated robbery. The trial court sentenced the appellant to ten years in the Tennessee Department of Correction. On appeal, the appellant asserts that the trial court erred by ruling that the State could use a prior conviction to impeach the appellant without giving proper notice. The State contends that the appellant’s notice of appeal was untimely and that the appeal should be dismissed. We agree with the State and conclude that the interests of justice do not require waiver of the timely filing of the notice of appeal. Accordingly, the appeal is dismissed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Williams
The defendant, James Williams, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder, three counts of attempted first degree premeditated murder, and employing a firearm during the commission of a dangerous felony. The jury sentenced him to life imprisonment for the first degree murder conviction, and the trial court sentenced him as a Range I offender to twenty-five years for each of the attempted murder convictions and as a Range III offender to fifteen years for the firearm conviction, with each of the sentences to be served consecutively to each other and consecutively to the life sentence. However, at the hearing on the motion for new trial, the trial court overturned and dismissed the firearm conviction, leaving the defendant with an effective sentence of life plus seventyfive years in the Department of Correction for the murder and attempted murder convictions. In a timely appeal to this court, the defendant challenges the sufficiency of the evidence in support of his murder and attempted murder convictions and argues that the trial court erred in admitting prior bad act evidence and in ordering consecutive sentences. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Franklin Smith
The appellant, Charles Franklin Smith, appeals as of right from the judgments of the Knox County Criminal Court convicting the appellant of two counts of burglary. The appellant’s counsel has filed a motion to withdraw pursuant to Rule 22 of the Rules of the Tennessee Court of Criminal Appeals. We conclude that the motion is well-taken and, in accordance with Rule 22(F), affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. |
Knox | Court of Criminal Appeals | |
Marvin Green v. State of Tennessee
The pro se petitioner, Marvin Green, appeals the dismissal of two petitions for habeas corpus relief. He was sentenced to fifteen years under the Drug Free School Zone Act. He argues that he is a standard offender and should be released after service of thirty percent of the sentence, and he alleges errors in his indictment. Finding no error, we affirm the judgment of the trial court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Frederick Leon Tucker
Petitioner, Frederick Leon Tucker, sought a writ of error coram nobis. The hearing court found there were no due process concerns which would entitle petitioner to relief and dismissed the petition as not being filed within the applicable statute of limitations. Finding no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Lawrence Ralph v. State of Tennessee
The petitioner, Lawrence Ralph, appeals the denial of post-conviction relief, alleging that counsel provided ineffective assistance by not requesting the transcript of voir dire, and that the trial court erred by merging two convictions. Finding that the trial court properly denied post-conviction relief, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
Jeremy Jarvis v. State of Tennessee
The Petitioner, Jeremy Jarvis, appeals the denial of post-conviction relief, alleging ineffective assistance by counsel. Petitioner alleges that trial counsel was unaware of the law concerning self-defense until trial and was ineffective by asserting the defense of self-defense with regard to the death of an innocent third person; and was ineffective by failing to attempt to negotiate a settlement of the case short of trial. Finding that the court properly denied post-conviction relief, we affirm the judgment of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Andrew Quinn
The defendant, Andrew Quinn, appeals a certified question of law pertaining to the stop of his vehicle and the denial of a motion to suppress. Finding no error, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Craig Beene v. State of Tennessee
The pro se petitioner, Craig Beene, appeals the summary dismissal of a petition for habeas corpus relief. Petitioner alleges he did not enter a knowing and voluntary guilty plea. The habeas court found he had litigated this issue in his post-conviction hearing, and it was not a proper subject for habeas corpus relief. Finding no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Michael Anthony Lewis v. Sharon Taylor, Warden
Michael Anthony Lewis (“the Petitioner”) filed a petition for a writ habeas corpus regarding his conviction for attempt to commit first degree premeditated murder. The habeas corpus court summarily dismissed the petition, and this appeal followed. Upon our thorough review of the record and applicable law, we affirm the habeas corpus court’s judgment. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Joshua Ethen Doyle
The defendant, Joshua Ethen Doyle, appeals a certified question of law pertaining to the stop of his vehicle, and the denial of a motion to suppress the breath alcohol test. Finding no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Stormy Condry
Stormy Condry (“the Defendant”) pleaded guilty to two counts of attempt to commit aggravated assault and reserved a certified question of law concerning the retroactivity of an amendment to Tennessee Code Annotated section 39-13-107 (Supp. 2011). The Defendant contends that the amendment should be applied retroactively so as to render her conduct non-criminal. Upon our thorough review of the record and applicable law, we reject the Defendant’s argument and affirm the trial court’s judgments. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Ronald Lee West, Jr.
The Defendant, Ronald Lee West, Jr., appeals from his jury convictions for initiation of a process intended to result in the manufacture of methamphetamine, Count 1, and possession of drug paraphernalia, Count 2. In this appeal, he alleges (1) that the evidence presented at trial is insufficient to sustain his conviction in Count 1; (2) that the trial court erred in refusing to grant his request for a mistrial after improper character evidence was admitted by a witness at trial; and (3) that the trial court also erred in declining to apply any mitigating factors, resulting in a longer sentence. Upon consideration of the record and the applicable authorities, we affirm the judgments of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Larry Baltimore
Appellant, Larry Baltimore, was acting as a bail bondsman in Dyer County at the time this Court decided in In re: The Application of Tony Cox (Seeking to Qualify as Agent for Memphis Bonding), 389 S.W.3d 794 (Tenn. Crim. App. 2012), that a convicted felon could not act as a bail bondsman under Tennessee Code Annotated section 40-11-128. After Cox was decided, the trial court determined that Appellant could not be a bail bondsman because of a previous conviction for felony assault. Appellant appeals from this order and asks this Court to reverse its decision in Cox. After a thorough review of Appellant’s arguments, we find no reason to reverse our earlier determination. Therefore, the trial court’s decision is affirmed. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Phtra Oum
Defendant, Phtra Oum, was indicted by the Montgomery County grand jury for first degree premeditated murder, attempted second degree murder, and possession of a firearm during the commission of a dangerous felony. Following a jury trial, Defendant was convicted of first degree premeditated murder and possession of a firearm with intent to go armed during an attempt to commit second degree murder. The trial court set aside the firearm conviction and sentenced Defendant to life imprisonment for his first degree murder conviction. Defendant appeals his conviction, asserting that the evidence was insufficient to sustain a conviction for first degree murder. We conclude that the evidence was sufficient to sustain Defendant’s conviction and affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Brian Garrett Wallace
Appellant, Brian G. Wallace, pled guilty to five counts of attempted especially aggravated exploitation of a minor and one count of attempted sexual battery. The plea was an open guilty plea, and the trial court sentenced Appellant to an effective sentence of eighteen years which included consecutive sentencing. On appeal, Appellant argues that the trial court erred in imposing consecutive sentences. After a thorough review of the record, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Charles E. May, Jr.
Appellant appeals from the trial court’s denial of his motion to suspend the balance of a six-year sentence he was serving in the Rutherford County jail. He claims that the trial court erred; (1) in limiting Appellant’s opportunity to present proof at the motion hearing; (2) denying his motion to suspend sentence because of a waiver included in a probation violation agreement; (3) denying Appellant’s motion on an improper basis; and (4) that Appellant received ineffective assistance of counsel at the motion hearing. Discerning no error, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals |
