Charles T. Hartley v. Arvil Chapman, Warden
The petitioner, Charles T. Hartley, filed a petition for a writ of habeas corpus in the Wayne County Circuit Court, alleging that his sentence for attempted aggravated sexual battery was illegal because the judgment of conviction reflected that, as a child predator and a violent offender, he must serve one hundred percent of the sentence in confinement. Upon review, we affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. John Davis
The Defendant-Appellant, John Davis, was convicted by a Shelby County jury of a single count of aggravated sexual battery, a Class B felony, and received a twelve-year sentence to be served at one hundred percent. On appeal, he argues that the evidence was insufficient to support the conviction and that his sentence was excessive. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cayetano Ramirez
A Davidson County Criminal Court Jury convicted the appellant, Cayetano Ramirez, of attempted rape of a child. The trial court imposed a sentence of ten years in the Tennessee Department of Correction. On appeal, the appellant challenges (1) the trial court’s denial of his motion to suppress his statement to police, (2) an alleged Brady violation, (3) the admission of a prior act in violation of Tennessee Rule of Evidence 404(b), and (4) the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Delavan Benjamin Mohammed
Defendant, Delevan Beniamin Mohammed, pled guilty to possession of more than three hundred grams of cocaine with intent to sell in a drug free school zone, with an agreed sentence of 25 years as a Range II offender, with the trial court to determine manner of service of the sentence. The trial court ordered Defendant’s sentence to be served in the Department of Correction. On appeal, Defendant contends the trial court erred by denying him an alternative sentence. We conclude the trial court did not abuse its discretion in sentencing Defendant. Accordingly, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Marks
The defendant, Michael Marks, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced by the trial court to twenty-five years at 100% as a child rapist. He raises the following issues on appeal: (1) whether the trial court erred by not requiring the State to make an election of offenses at the close of its casein-chief; (2) whether the trial court erred by not requiring the State to make an election before the case was submitted to the jury; (3) whether the trial court erred by issuing a supplemental instruction on the election of offenses after the jury had already begun its deliberations; and (4) whether the evidence is sufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dane Sayles, Alias Bradley Harper
Dane Sayles, alias Bradley Harper (“the Defendant”), was convicted by a jury of possession with the intent to sell or deliver three hundred grams or more of cocaine. The trial court sentenced the Defendant as a Range II, multiple offender to forty years to be served consecutively to previous sentences the Defendant received in Pennsylvania. On appeal, the Defendant argues that the trial court erred in denying his motion to suppress the stop and search of his vehicle, as well as the seizure of cell phone text messages. The Defendant also asserts that the trial court erred in “permitting the State to continue adding witnesses in the middle of trial whose names were not provided in discovery.” Finally, the Defendant challenges the length of his sentence. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Crystal Miranda Kirby v. State of Tennessee
A Campbell County jury found petitioner, Crystal Miranda Kirby, guilty of first degree premeditated murder, second degree murder, and especially aggravated robbery. The trial court sentenced her to an effective life sentence. On direct appeal, this court ordered the merger of the two murder convictions but denied relief in all other respects. Petitioner then filed the instant petition for post-conviction relief, which was denied after an evidentiary hearing. Petitioner appeals the denial of post-conviction relief, claiming that the State violated her due process rights under Brady v. Maryland by withholding two video-taped statements that were allegedly exculpatory in nature. After thorough review, we affirm the judgment of the post-conviction court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Winn
The defendant, Kelvin Winn, was convicted by a Shelby County Criminal Court jury of first degree felony murder and sentenced to life imprisonment. On appeal, he argues that: (1) the trial court erred in denying his motion to suppress the identification of him from a photographic array; (2) the trial court erred in allowing a jailhouse informant to testify without limitations; (3) the trial court erred in allowing the State to lead witnesses over his objection; (4) the trial court erred in allowing the introduction of duplicative photographs; and (5) the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raynell Hopson
The Defendant pled guilty to aggravated assault, and the trial court sentenced him to four years, suspended after three months and nineteen days in confinement. In January 2012, the Defendant’s probation officer filed an affidavit alleging that the Defendant had violated the terms of his probation. After a hearing on the allegation, the trial court revoked the Defendant’s probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered him to serve the balance of his sentence in confinement. After a thorough review of the record and applicable authority, we conclude that the trial court did not err. The trial court’s judgment is, therefore, affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael McVay
A Shelby County jury convicted Defendant, Michael McVay, with rape of a child, aggravated sexual battery, rape, and sexual battery by an authority figure. The trial court sentenced Defendant to serve 25 years for rape of a child, 20 years for aggravated sexual battery, 20 years for rape, and 10 years for sexual battery by an authority figure. The trial court ordered all sentences to run consecutively, with a 100% release eligibility for the first three counts - child rape, aggravated sexual battery, and rape, and a 35% release eligibility for count four, sexual battery by an authority figure, for an effective sentence of 75 years in the Department of Correction. On appeal, Defendant presents the following issues: (1) the trial court erred by excluding evidence of the victim’s sexual behavior; (2) the trial court erred by excluding evidence of the victim’s prior complaint of sexual assault; and (3) the trial court erred by imposing an excessive sentence. Additionally, the State contends the trial court improperly sentenced Defendant on two of his four convictions. After thorough review, we affirm Defendant’s convictions. However, the trial court’s sentencing order is vacated in part and this case is remanded for further proceedings in accordance with this opinion. |
Shelby | Court of Criminal Appeals | |
Bruce L. Robinson v. State of Tennessee
The petitioner, Bruce L. Robinson, appeals the dismissal of his petition for post-conviction relief as time-barred, arguing that the United States Supreme Court’s recent holding in Missouri v. Frye , __ U.S. __, 132 S. Ct. 1399 (2012), established a new constitutional right that did not exist at the time of his guilty pleas, thereby requiring retroactive application. Following our review, we affirm the judgment of the trial court summarily dismissing the petition as time-barred. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Glenn Lydell McCray
The Defendant, Glenn Lydell McCray, was found guilty by a Davidson County Criminal Court jury of especially aggravated kidnapping, a Class A felony, two counts of aggravated assault, Class C felonies, and being a felon in possession of a firearm, a Class E felony. See T.C.A. §§ 39-13-305 (2010) (especially aggravated kidnapping), 39-13-102 (2010) (aggravated assault), 39-17-1307 (2010) (felon in possession of a firearm). He was sentenced as a Range II, multiple offender to thirty years for especially aggravated kidnapping, eight years for each aggravated assault, and three years for illegal possession of a firearm. The trial court ordered consecutive sentences for the especially aggravated kidnapping and aggravated assault convictions, for an effective forty-six-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support the especially aggravated kidnapping conviction, (2) the court improperly instructed the jury regarding the especially aggravated kidnapping conviction, (3) the court erred by failing to merge the aggravated assault convictions, and (4) the court erred by imposing consecutive sentencing. Although the jury was not properly instructed regarding the especially aggravated kidnapping conviction, we conclude that the error was harmless beyond a reasonable doubt and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nora Hernandez
The defendant, Nora Hernandez, appeals from the Williamson County Circuit Court’s order revoking her probation and denying her bid to vacate her convictions and sentences. Because this court lacks jurisdiction of the claim relevant to the defendant’s motion to vacate, that portion of the appeal is dismissed. Because the record supports revocation of her probation, the judgment of the trial court ordering the same is affirmed. |
Williamson | Court of Criminal Appeals | |
Troy Allen Pruitt v. State of Tennessee
The petitioner, Troy Allen Pruitt, appeals the Montgomery County Circuit Court’s denial of post-conviction relief from his 2007 convictions in that court of aggravated robbery and fraudulent use of a credit card. Because the petitioner failed to establish his claim of ineffective assistance of counsel and because binding law-of-the-case determinations from his direct appeal defeat his claim of prejudice, we affirm the order of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Dominic Lyons
In this interlocutory appeal, the State challenges the trial court’s ruling suppressing the out-of-court identification of the defendant via a photograph array and the subsequent in-court identification by the same witness at the suppression hearing. The State contends that the trial court erred by deeming the identification procedure unduly suggestive. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Glenn Lydell McCray - concurring in part and dissenting in part
I respectfully dissent from the majority opinion insofar as it concludes that aggravated assault involves some form of confinement in this case. In State v. White, 362 S.W.3d 559, 578 (Tenn. 2012), the supreme court held, |
Davidson | Court of Criminal Appeals | |
Larry Scott Reynolds v. State of Tennessee
Larry Scott Reynolds ("the Petitioner") was convicted by a jury of first degree premeditated murder. The trial court sentenced the Petitioner to life imprisonment. The Petitioner subsequently filed for post-conviction relief, which the post-conviction court denied following an evidentiary hearing. The Petitioner now appeals, arguing that the post-conviction court failed to make "sufficient findings of fact to allow meaningful review" and "erred in questioning the Petitioner and in making other comments" at the post-conviction hearing. The Petitioner also asserts that he received ineffective assistance of counsel. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
John Joseph Kratochvil v. State of Tennessee
The Petitioner, John Joseph Kratochvil, appeals the Davidson County Criminal Court’s denial of his petition for a writ of error coram nobis regarding his conviction for second degree murder, for which he is serving a Range II, thirty-five year sentence. The Petitioner contends that the trial court erred by denying him relief. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Kerr
Brian Kerr ("the Defendant") was convicted after a jury trial of driving under the influence, reckless driving, and failure to maintain his lane of travel. The trial court also found that the Defendant had violated the implied consent law. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of eleven months, twenty-nine days, suspended to probation after service of ten days in confinement. The Defendant appeals, challenging the sufficiency of the evidence for each conviction. The Defendant also contends that the trial court erred in instructing the jury regarding the Defendant’s failure to submit to a blood alcohol test when the trial court had not yet ruled on whether the Defendant violated the implied consent law. Lastly, the Defendant contends that, if the trial court first rules that a defendant violated the implied consent law and then gives the jury instruction regarding the defendant’s failure to submit to a blood alcohol test, the trial court is indirectly commenting on the evidence in violation of Article VI, Section 9 of the Tennessee Constitution. Upon our thorough review of the record, we affirm the Defendant’s convictions for driving under the influence and failure to maintain his lane of travel. However, we reverse and dismiss the Defendant’s conviction for reckless driving. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. James L. Dowell, III & Rivera L. Peoples
A Davidson County jury convicted the defendants, James L. Dowell, III, and Rivera L. Peoples, of five counts of aggravated robbery and five counts of especially aggravated kidnapping. The trial court sentenced each defendant to an effective sentence of 100 years in the Tennessee Department of Correction. On appeal, Defendant Dowell asserts that the trial court erred when it: (1) denied his motion to dismiss for breach of an immunity "Cooperation" agreement with the State; (2) admitted into evidence a form in which Defendant Peoples disclosed Defendant Dowell’s phone number; (3) admitted into evidence items obtained from Defendant Peoples’s Chevrolet Impala; (4) allowed Agent Richard Littlehale to testify as an expert witness; (5) denied his motion for acquittal; (6) failed to define "substantial interference" for the jury; and (7) imposed a sentence of 100 years. Defendant Peoples asserts that: (1) the evidence is insufficient as to his convictions; (2) the trial court erred when it allowed Agent Richard Littlehale testify as an expert witness; (3) the trial court erred when it failed to define "substantial interference" for the jury; and (4) his sentence is excessive. After a thorough review of the record and applicable law, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Sandra Beavers v. State of Tennessee
The Petitioner, Sandra Beavers, pled guilty to sale or delivery of less than .5 gram of methamphetamine, a Schedule II controlled substance. Pursuant to the plea agreement, the trial court sentenced the Petitioner as a Range II offender to ten years, with one year to be served in confinement and the remainder on supervised probation. After her release from jail, the Petitioner violated a condition of her probation that required that she successfully complete the Next Door rehabilitation program, and the trial court revoked her probation. The Petitioner filed a petition for post-conviction relief claiming that she received the ineffective assistance of counsel due to her attorney’s failure to communicate with her and failure to request a bond hearing. After a hearing, the post-conviction court dismissed the petition. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Michael David Fields
Appellant, Michael Fields, was indicted by the Sullivan County Grand Jury for two counts of first degree murder, two counts of first degree felony murder, and two counts of especially aggravated robbery. After a jury trial, he was convicted as charged. The jury determined that the sentence for the first degree murder counts should be life without parole. The trial court merged the first degree murder convictions into the first degree felony murder convictions. The trial court imposed a twenty-five-year sentence for each especially aggravated robbery conviction. The twenty-five-year sentences were ordered to run concurrently to the life sentences. The two life sentences were ordered to run consecutively to each other and consecutively to a previously imposed sentence of life plus forty years. Appellant presents several arguments on appeal: (1) the trial court erred in denying his motion to change venue; (2) the trial court erred in denying his request for the trial judge to recuse himself; (3) the trial court erred in denying his motion for a mistrial when there was juror contact with the prosecuting officer; (4) there was prosecutorial misconduct during closing argument; (5) the trial court erred in denying his motion to suppress his statement to police; (6) the trial court erred in excluding the testimony of Appellant’s proffered expert witness, Dr. Charlton Stanley; (7) the trial court erred in allowing the use of a stun belt on Appellant during the trial; (8) the trial court erred in denying his motion for judgment of acquittal; (9) the evidence was insufficient to support his convictions; and (10) the trial court erred in imposing the sentence for especially aggravated robbery and in ordering consecutive sentences. Appellant argues several smaller miscellaneous issues concerning evidentiary rulings, closing argument of the State, the denial of his request to have both of his attorneys present separate closing arguments, the denial of funds to pay an expert witness, and the failure to assure that Appellant received his prescribed medication in jail. After a thorough review of the record, we find no error. Therefore, the judgments of the trial court are affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Brandon Trae Wagster
Brandon Trae Wagster (“the Defendant”) was indicted for driving under the influence and violation of the implied consent law. He filed a motion to suppress, challenging the legality of the stop of his vehicle. After an evidentiary hearing, the trial court granted the Defendant’s motion and dismissed the charges against him. The State appeals. After a thorough review of the record and the applicable law, we reverse the judgment of the trial court and reinstate the Defendant’s charges. |
Fayette | Court of Criminal Appeals | |
Quantel Taylor v. State of Tennessee
Petitioner, Quantel Taylor, appeals from the denial of his petition for post-conviction relief. Petitioner entered “best interest” guilty pleas to second degree murder, attempted first degree murder, and especially aggravated robbery, and received agreed upon sentences of 20 years for each offense to be served concurrently at 100 percent. In this direct appeal, Petitioner asserts that the trial court erred by denying post-conviction relief because Petitioner’s trial counsel was ineffective and his plea was involuntarily and unknowingly entered. The post-conviction court erred by granting the State’s prehearing motion to quash subpoenas and by refusing to allow Petitioner to present an offer of proof at that hearing. However, in light of the proof at the post-conviction hearing the error, though flagrant, was harmless. The judgment is therefore affirmed. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Kevin James Callahan
The defendant, Kevin James Callahan, pleaded guilty to one count of delivery of Percocet and one count of delivery of Oxycodone, both Schedule II controlled substances, and the Williamson County Circuit Court sentenced him as a Range I, standard offender to concurrent terms of four years’ imprisonment, suspended to probation following the service of six months’ incarceration in the county jail. On appeal, the defendant argues that the sentence imposed was excessive in manner of service. Discerning no error, we affirm the judgments of the trial court. |
Williamson | Court of Criminal Appeals |
