State of Tennessee v. Paul Allen St. Clair - Concurring in Part, Dissenting in Part
I concur in the majority opinion with regard to the holding that the incarcerative sentences in this case are appropriate. However, I dissent from the holding of the majority that the error by the trial judge in the imposition of the mandatory minimum fines prescribed by statute for the offenses in this case requires plain error review and a remand for a jury determination as to the imposition of these fines. |
Trousdale | Court of Criminal Appeals | |
State of Tennessee v. Barry H. Hogg
Appellant, Barry Hogg, was indicted by the Wilson County Grand Jury for eleven counts of especially aggravated sexual exploitation of a minor, nine counts of criminal exposure to HIV, nine counts of aggravated statutory rape, and one count of sexual battery. Prior to trial, the State dismissed one count of sexual battery, two counts of criminal exposure, and three counts of aggravated statutory rape. A jury found Appellant guilty of the remaining counts, including eleven counts of especially aggravated sexual exploitation, seven counts of criminal exposure of another to HIV, and six counts of aggravated statutory rape. As a result of the convictions, the trial court sentenced Appellant to twelve years at one hundred percent incarceration for the especially aggravated sexual exploitation convictions, six years at thirty percent for each of the criminal exposure of another to HIV convictions, and four years at thirty percent for each of the aggravated statutory rape convictions. The trial court ordered the convictions for especially aggravated sexual exploitation to be served consecutively to the seven convictions for criminal exposure of another to HIV and consecutively to each other. The trial court ordered Appellant’s aggravated statutory rape sentences to run concurrently with one another and with all other counts, for a total effective sentence of 174 years. Appellant appeals his convictions, contesting the sufficiency of the evidence and his sentences. After a review of the record, we determine that the evidence was sufficient to support the convictions and that the evidence supported individual convictions for events that occurred during one sexual encounter. Further, the trial court properly sentenced Appellant. Accordingly, the judgments of the trial court are affirmed. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Glenn Tipton
Pursuant to a plea agreement, the Defendant- Appellant Kevin Glenn Tipton agreed to enter a guilty plea to one count of felony driving under the influence of an intoxicant (DUI) in exchange for a sentence of one year, which was suspended after service of the mandatory minimum sentence of 150 days in confinement. At the plea submission hearing, the trial court accepted Tipton’s guilty plea and imposed the agreed upon sentence but reserved judgment until October 6, 2010. On October 5, 2010, Tipton’s newly retained counsel filed a notice of appearance. On October 22, 2010, Tipton, through his newly retained counsel, filed a motion to withdraw his guilty plea, alleging that trial counsel provided ineffective assistance. Following a hearing, the trial court denied the motion. On appeal, Tipton argues that the trial court erred by (1) applying the “manifest injustice” standard under Tennessee Rule of Criminal Procedure 32(f)(2), and (2) denying his motion to withdraw his guilty plea. Upon review, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Isaiah Lawler
Following a jury trial, the Defendant, Isaiah Lawler, was convicted of driving under the influence (DUI), fourth offense, a Class E felony; possession of an open container of beer while operating a motor vehicle, a Class C misdemeanor; and violation of the implied consent law. See Tenn. Code Ann. §§ 55-10-401, -403(a)(1)(A)(vi), -406, -416. As a result of these convictions, the Defendant received an effective two-year sentence. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to sustain his conviction for DUI, fourth offense; and (2) that the trial court, by accepting the jury’s guilty verdict with respect to the charge of DUI, fourth offense, failed to fulfill its duties as the thirteenth juror. Discerning no error, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Antonio Butler
Antonio Butler ("the Defendant") pleaded guilty to one count each of robbery and aggravated assault. In his plea agreement, he agreed to concurrent sentences of five years for each count, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied judicial diversion and ordered that the Defendant serve his sentence in confinement. On appeal, the Defendant argues that the manner of service of his sentence is improper. After a thorough review of the record and the applicable law, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Michael Collins v. State of Tennessee
Petitioner, Michael Collins, appeals the Shelby County Criminal Court’s denial of post-conviction relief from his guilty-pleaded conviction for second degree murder and the resulting thirty-year sentence. On appeal, he contends that his guilty plea was not knowing and voluntary because of the ineffectiveness of counsel. Following our review of the record, we affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. James Snipes
The Defendant, James Snipes, was convicted by a Shelby County Criminal Court jury of felony murder, second degree murder, a Class A felony, aggravated criminal trespass of a habitation, a class A misdemeanor, and employing a firearm during the commission of a dangerous felony, a Class C felony. See T.C.A. §§ 39-13-202, 39-13-210, 39-14-406, 39-17-1324 (2010). The trial court sentenced the Defendant to life imprisonment for felony murder, eleven months and twenty-nine days for aggravated criminal trespass, and six years for employing a firearm during the commission of a dangerous felony. The court merged the second degree murder conviction with the felony murder conviction. On appeal, the Defendant contends that mutually exclusive verdicts require dismissal of the felony murder conviction. We affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mark Tyre
Appellant, Mark Tyre, entered a guilty plea to violation of the sex offender registry act, a Class E felony, and received a two-year sentence as a Range I offender. He was subsequently placed on probation. While appellant was on probation, the State indicted him for sexual exploitation of a minor based on criminal conduct that pre-dated the guilty plea and judgment in the instant case. After the State requested revocation of the suspended sentence, the trial court held a hearing and revoked appellant’s probation. Appellant contends that the trial court erred by revoking his probation based on criminal conduct that pre-dated his guilty plea. We discern no error in the proceedings and affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Quincy Deangelo Gardner v. State of Tennessee
Quincy Deangelo Gardner ("the Petitioner") filed for post-conviction relief from his conviction of first degree felony murder, arguing that he received ineffective assistance of counsel at trial. Following an evidentiary hearing, the post-conviction court denied relief. The Petitioner now appeals. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Donald Vaughn
The Defendant, Donald Vaughn, pled guilty to two counts of aggravated rape, a Class A felony. See Tenn. Code Ann. § 39-13-502. Following a sentencing hearing, the trial court sentenced the Defendant to an effective sentence of forty-eight years, to be served at 100%. In this appeal as of right, the Defendant contends (1) that the trial court erred by denying his motion to withdraw his guilty pleas; (2) that his guilty pleas were not valid because the State failed to prove an essential element of the offense; and (3) that the trial court erred by imposing consecutive sentences. Following our review, we conclude that these issues are without merit and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Lue Holcomb v. State of Tennessee
The pro se petitioner, Lue Holcomb, appeals the dismissal of his petition for writ of error coram nobis, arguing that his discovery of a written statement containing the victim’s recantation of her allegations against him constitutes newly discovered evidence of his innocence of aggravated assault. Following our review, we affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joshua Todd Crittenden
The Defendant, Joshua Todd Crittenden, was convicted by a Blount County Circuit Court jury of two counts of robbery, Class C felonies. See T.C.A. § 39-13-401 (2010). He was sentenced as a Range II, multiple offender to consecutive ten-year terms of confinement for an effective twenty-year sentence. On appeal, he contends that the trial court erred by ordering consecutive sentencing. We affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Quinzell Grasty
A Hamilton County jury convicted appellant, Quinzell Grasty, of felony murder, second degree murder, attempted especially aggravated robbery, and aggravated burglary. The trial court merged the second degree murder conviction into the felony murder conviction and sentenced appellant to serve a life sentence for felony murder. The trial court also sentenced appellant to serve eight years for attempted especially aggravated robbery and three years for aggravated burglary, to be served concurrently in the Tennessee Department of Correction. On appeal, appellant argues that the trial court erred by denying his motion to suppress his statements to police, by admitting photographs of the victim and a recording of the 9-1-1 call, by failing to redact references to appellant’s gang affiliation from his statement, and by admitting demonstrative evidence in the form of a shotgun purported to be similar to the weapon used in the murder. Discerning no error, we affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Michael Young v. State of Tennessee
Petitioner, Michael Young, pleaded guilty to two counts of attempted first degree murder and one count of aggravated robbery in exchange for an effective forty-year sentence. Subsequently, petitioner filed a petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief. On appeal, petitioner argues that trial counsel provided ineffective assistance by failing to file a motion to suppress petitioner’s statement to police based on his being a juvenile and by failing to ensure that petitioner understood the sentence alignment included in the plea agreement. He also contends that his guilty plea was rendered involuntary because of trial counsel’s ineffective assistance. Discerning no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jeffery Gaylon Douglas v. State of Tennessee
The Petitioner, Jeffery Gaylon Douglas, filed a petition for post-conviction relief attacking his convictions for rape and sexual battery on the basis of ineffective assistance of trial counsel. The post-conviction court denied relief following an evidentiary hearing, finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective by improperly advising him to testify at his trial. After our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Ricky Earl Genes
The defendant, Ricky Earl Genes, pleaded guilty to three counts of aggravated assault, and the Hickman County Circuit Court sentenced him as a Range I, standard offender to a term of 18 years’ imprisonment. On appeal, the defendant argues that the trial court erred in its application of certain enhancement factors. In addition, the defendant challenges both the manner of service and the alignment of his sentences. Discerning no error, we affirm the judgments of the trial court. |
Hickman | Court of Criminal Appeals | |
Charhela Wilson v. State of Tennessee
The Petitioner, Charhela Wilson, appeals as of right from the Davidson County Criminal Court’s denial of her petition for post-conviction relief. The Petitioner contends that her pleas of nolo contendere to two counts of aggravated child neglect, a Class B felony, were not knowingly and voluntarily entered into due to the ineffective assistance of her trial counsel. See Tenn. Code Ann. § 39-15-402. However, the Petitioner’s notice of appeal was untimely filed. Following our review, we conclude that the interest of justice does not require waiver of the timely filing requirement in this case. Accordingly, the appeal is dismissed. |
Davidson | Court of Criminal Appeals | |
Matthew Jackson v. State of Tennessee
Matthew Jackson ("the Petitioner"), acting pro se, filed for post-conviction DNA analysis after pleading guilty to two counts of aggravated rape, one count of aggravated kidnapping, one count of aggravated robbery, and one count of theft of property over $500. After a hearing, the post-conviction court denied the petition. The Petitioner now appeals. Upon our thorough review of the record and the applicable law, we affirm the judgment of the post-conviction court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Charles D. Sprunger
Following a jury trial, the defendant, Charles D. Sprunger, was convicted of sexual exploitation of a minor, a Class B felony, and sentenced as a Range I offender to eight years at 100%. On appeal, he argues that the evidence is insufficient to support his conviction and that the trial court erred in sentencing him. After review, we affirm the judgment of the trial court. |
Cumberland | Court of Criminal Appeals | |
Lonnie Lee Owens v. State of Tennessee
The Petitioner, Lonnie Lee Owens, appeals the Franklin County Circuit Court’s denial of his petition for post-conviction relief from his convictions for second degree murder, abuse of a corpse, and theft over $10,000 and his effective twenty-four-year sentence. On appeal, he contends that (1) counsel was ineffective by failing to object to an erroneous statement contained in the presentence report and by failing to include the trial transcript in the appellate record, (2) counsel was ineffective in cross-examining the medical examiner, (3) counsel was ineffective by attempting to negotiate a plea agreement in the jury’s presence, (4) counsel was ineffective by failing to request a jury instruction on lesser included offenses, (5) counsel was ineffective by failing to interview a witness before the trial, (6) counsel was ineffective by failing to request a change of venue, (7) counsel was ineffective by failing to file a motion for a new trial and by failing to appeal his conviction, (8) the cumulative effect of counsel’s errors deprived him of the effective assistance of counsel, and (9) he is entitled to a delayed appeal. We affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals | |
State of Tennessee v. Gregory Lamont Hodge, a/k/a Gregory L. Locke
A Williamson County Criminal Court Jury found the appellant, Gregory Lamont Hodge a.k.a Gregory L. Locke, guilty of delivery of .5 grams or more of cocaine, a Class B felony. The trial court sentenced the appellant as a career offender to thirty years in the Tennessee Department of Correction. On appeal, the appellant contends that the Williamson County Sheriff’s Department’s refusal to allow defense counsel to record an interview with the confidential informant who purchased drugs from the appellant prevented him from receiving a fair trial. Upon review, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Joseph Shaw v. State of Tennessee
The Petitioner, Joseph Shaw, appeals as of right from the Madison County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner contends (1) that he received ineffective assistance from his trial counsel because trial counsel failed to challenge a juror who was previously acquainted with the Petitioner; (2) that trial counsel was ineffective for failing to call several witnesses to testify as to the Petitioner’s character; and (3) that the Petitioner was denied his right to trial by a fair and impartial jury. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Telly Lamont Booker
The defendant, Telly Lamont Booker, appeals from his Knox County Criminal Court jury convictions of possession with intent to sell or deliver .5 grams or more of cocaine in a school zone, evading arrest, and unlawful possession of a weapon. In this appeal, he contends that the trial court erred by admitting evidence of his previous convictions, by permitting a police officer to testify as an expert witness on the habits of individuals involved in the illegal drug trade, and by refusing to provide a requested jury instruction. Discerning no error, we affirm. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Arnes'a Hart
Appellant, Arnes’a Hart, was indicted by the Davidson County Grand Jury for one count of felony murder, one count of aggravated child neglect, and one count of child neglect after the death of her infant son. In exchange for pleas of guilty to criminally negligent homicide and child neglect, Appellant received sentences of six years and one year, respectively. The sentences were ordered to be served concurrently. The charge of aggravated child neglect was dismissed. The plea agreement specified that the trial court would determine the manner of service of the sentence after a hearing. After a sentencing hearing, the trial court denied alternative sentencing, ordering Appellant to serve her sentence in confinement in order to avoid depreciating the seriousness of the offense and due to Appellant’s lack of truthfulness at the sentencing hearing. Appellant appeals the denial of alternative sentencing. After a review of the record and the applicable authorities, we conclude the record indicates that the trial court did not abuse its discretion in denying an alternative sentence where the proof showed that there was a need for deterrence of similar crimes, and Appellant was untruthful at the sentencing hearing. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Paula Crowder
The Defendant, Paula Crowder, pled guilty to vehicular assault, a Class D felony, and was sentenced to serve three years in the Department of Correction (DOC). She challenges the trial court’s denial of probation and alternative sentencing. After consideration of the applicable authorities and the record on appeal, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals |
