State of Tennessee v. Demp Douglas
A Lake County jury convicted the Defendant, Demp Douglas, of one count of aggravated assault, and the trial court sentenced him to ten years in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to sustain his conviction and that the trial court erred when it denied his motion for a mistrial based upon the victim’s testimony that he met the Defendant shortly after the Defendant was released from prison. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgment. |
Madison | Court of Criminal Appeals | |
Timothy L. Dulworth v. State of Tennessee
The Petitioner, Timothy L. Dulworth, appeals the Lake County Circuit Court’s dismissal of his petition seeking a writ of habeas corpus. The Petitioner contends that his convictions are void. Upon a review of the record in this case, we conclude that the habeas court properly denied the petition for habeas corpus relief. Accordingly, the judgment of the habeas corpus court is affirmed. |
Lake | Court of Criminal Appeals | |
Timothy L. Rose v. State of Tennessee
Seeking relief from the Sullivan County Criminal Court’s dismissal of his petition for post-conviction relief from his 2008 conviction of attempted aggravated robbery, Timothy L. Rose appeals and claims that his plea of guilty to the conviction offense is invalid because it was the product of ineffective assistance of counsel and was unknowingly and involuntarily made. The record, however, supports the post-conviction court’s findings and its denial of post-conviction relief. For that reason, we affirm the post-conviction court’s denial of relief. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Glover P. Smith
A Rutherford County Circuit Court Jury convicted the appellant, Glover P. Smith, of fabricating evidence in counts 1 and 2 and filing a false report in counts 3 through 8. During a sentencing hearing, the trial court merged the appellant’s convictions of filing a false report in counts 3, 4, and 5 and ordered that he serve an effective sentence of one year in jail followed by six years of probation. Subsequently, the trial court granted the appellant’s motion for judgment of acquittal as to the fabricating evidence convictions based upon insufficient evidence. On appeal, the State contends that the trial court erred by granting the appellant’s motion for judgment of acquittal. In a counter-appeal, the appellant maintains that the evidence is insufficient to support the convictions; that the trial court improperly instructed the jury on “knowingly”; that newly discovered evidence warrants a new trial; that the State committed a Brady violation; that his multiple convictions in counts 3, 4, and 5 and in counts 6, 7, and 8 violate double jeopardy; that the trial court improperly enhanced his sentences and improperly denied his request for full probation; and that the cumulative effect of the errors warrants a new trial. Based upon the oral arguments, the record, and the parties’ briefs, we conclude that the trial court erred by granting the appellant’s motion for judgment of acquittal and reinstate his convictions of fabricating evidence in counts 1 and 2, the merger of the convictions, and the sentence. We also conclude that the trial court should have dismissed the charges of filing a false report in counts 4 and 5 because they were mutliplicitous with the charge in count 3. The appellant’s remaining convictions and sentences for filing a false report in counts 6, 7, and 8 are affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Terrance Antonio Cecil
A Maury County jury convicted the Defendant, Terrance Antonio Cecil, of assault and false imprisonment, both Class A misdemeanors. The trial court sentenced the Defendant to concurrent sentences of six months incarceration, with all but sixty days on each suspended, followed by ten months on probation. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his convictions; (2) the trial court erred when it considered his prior arrest record in sentencing; and (3) the trial court committed plain error by failing to instruct the jury on the lesser-included offenses of attempted false imprisonment and attempted assault. After a thorough review of the record and relevant authorities, we affirm the trial court’s judgments. |
Maury | Court of Criminal Appeals | |
Bruce Alexander Tuck v. State of Tennessee
The Weakley County Grand Jury indicted the petitioner, Bruce Alexander Tuck, in three separate cases. In each case, the petitioner was indicted for aggravated rape, especially aggravated kidnapping, and various other related offenses. The petitioner pled guilty in each case, agreeing to serve three, consecutive twenty-year sentences at 100 percent, resulting in an effective sentence of sixty years. No direct appeal was filed. The petitioner filed a petition for post-conviction relief in which he alleged that his guilty pleas were not entered voluntarily, knowingly, and intelligently. He claims that when he entered his pleas, he was mentally ill and subject to mistreatment and threats in an attempt to induce him to plead guilty. He also alleges that his trial counsel was ineffective for: (1) failing to discuss the facts and circumstances underlying each of the indictments charging the petitioner; (2) failing to review the audio and visual recordings of the petitioner’s first statement to police; (3) failing to file a motion to suppress the petitioner’s confession; and (4) failing to discuss with the petitioner the possibility of withdrawing his pleas. Following an evidentiary hearing, the post-conviction court concluded that the petitioner did not prove his assertions. Based upon our review, we conclude that the evidence does not preponderate against the findings of the post-conviction court. Therefore, we affirm the denial of the petitioner’s petition for postconviction relief. |
Weakley | Court of Criminal Appeals | |
Ralph Paul Marcrum v. State of Tennessee
The Petitioner,Ralph Paul Marcrum,appeals as of right from the Davidson CountyCriminal Court’s denial of his petition for post-conviction relief challenging his guilty plea to one count of aggravated burglary. The Petitioner contends that his guilty plea was not knowingly and voluntarily entered because he received ineffective assistance from his trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Milburn L. Edwards v. Cherry Lindamood, Warden
Petitioner, Milburn L. Edwards, appeals from the trial court’s summary dismissal of Petitioner’s fifth petition for habeas corpus relief. After a thorough review of the briefs and the appellate record, we affirm the judgment of the habeas corpus trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Wayne | Court of Criminal Appeals | |
Shundell Lynn Dickerson v. State of Tennessee
Petitioner, Shundell Lynn Dickerson, was charged with first degree premeditated murder. Following a jury trial, Petitioner was convicted of the lesser-included offense of facilitation to commit first degree murder. Petitioner was sentenced as a Range III persistent offender to 60 years incarceration. This Court affirmed Petitioner’s conviction and sentence on direct appeal. State v. Shundell L.Dickerson, No.M2006-02021-CCA-R3-CD,2008 WL 2780591 (Tenn. Crim. App. at Nashville, filed July 18, 2008), perm. app. denied (Tenn., Jan. 20, 2009). Petitioner filed a timely pro se petition for post-conviction relief and was appointed counsel to represent him. Petitioner alleged several instances of ineffective assistance of counsel at trial. Following an evidentiary hearing, the trial court entered an order denying relief. Petitioner now appeals. Following a careful review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Curtis Beechem v. State of Tennessee
Petitioner, Curtis Beechem, pled guilty to first degree murder and attempted aggravated robbery. He received sentences of life for first degree murder and four years for attempted aggravated robbery to be served concurrently. In this appeal from the denial of the postconviction relief, Petitioner asserts that his guilty plea was not knowing and voluntary because the trial court and trial counsel misinformed him as to the length of his sentence. He also contends that he received ineffective assistance of counsel because counsel misinformed him as to the length of his sentence, and trial counsel failed to object to a statement made by the post-conviction court concerning the sentence. After a thorough review of the record, we conclude that Petitioner has failed to show that his guilty plea was not knowing and voluntary or that he received ineffective assistance of counsel. Therefore, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Vincent Hadley v. State of Tennessee
Petitioner, Vincent D. Hadley, appeals from the trial court’s summary dismissal of the habeas corpus petition filed by Petitioner. Petitioner asserts on appeal that the indictment, which resulted in his guilty plea to felony murder in 1994, is defective and that the judgment is void. After reviewing the briefs of the parties and the entire record on appeal, we affirm the judgment of the habeas corpus court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals of Tennessee. |
Lauderdale | Court of Criminal Appeals | |
Larry C. Pittman v. State of Tennessee
Petitioner, Larry C. Pitman, filed a petition for habeas corpus relief which the trial court summarily dismissed without an evidentiary hearing. The petition seeks to set aside Petitioner’s 2006 convictions for especially aggravated kidnapping, aggravated robbery, and conspiracy to commit aggravated robbery. As pertinent to this appeal, Petitioner alleged that the indictment for each offense which led to his jury convictions is defective because each count of the indictment failed to allege at least one essential element of the criminal charge. After a thorough review of the briefs and the record on appeal, we affirm the judgment of the habeas corpus court. |
Lauderdale | Court of Criminal Appeals | |
Delivetrick Blocker v. David Osborne, Warden
The petitioner, Delivetrick Dewon Blocker, appeals the Morgan County Criminal Court’s summary dismissal of his petition for writ of habeas corpus. Because the petitioner has failed to state a cognizable claim for habeas corpus relief, we affirm the summary dismissal of the petition pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Morgan | Court of Criminal Appeals | |
State of Tennessee v. Patrick Wayne Carter
The Defendant, Patrick Wayne Carter, appeals from the trial court’s revocation of his probation and order that he serve the remainder of his sentence in confinement. The Defendant contends that the evidence was insufficient to sustain the revocation of his probation. Following our review, we affirm the judgment of the trial court. |
Macon | Court of Criminal Appeals | |
State of Tennessee v. Christopher S. Robinson
The defendant, Christopher S. Robinson, appeals the Dickson County Circuit Court’s revocation of his probation, arguing that the court erred: (1) in finding that his due process and speedy trial rights were not violated by the long delay between the filing of the probation violation warrant and the revocation hearing; (2) in finding that he violated the terms of his probation; and (3) in ordering him to serve six months in confinement. Following our review, we conclude that the twelve-year delay between the filing of the warrant and the revocation hearing, under the facts of this case, violated the defendant’s right to a speedy trial. Accordingly, we reverse the judgment of the circuit court and dismiss the revocation warrant. |
Dickson | Court of Criminal Appeals | |
Corry Tyrone Owens v. State of Tennessee
The Petitioner, Corry Tyrone Owens, pled guilty to theft of property valued over $1,000. The trial court sentenced the Petitioner, pursuant to a plea agreement, to ten years of incarceration, to be served at 45%. The Petitioner filed a petition for post-conviction relief, alleging that he had received the ineffective assistance of counsel, and the post-conviction court dismissed the petition after holding a hearing. On appeal, the Petitioner contends that he received the ineffective assistance of counsel. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s dismissal of his petition. |
Tipton | Court of Criminal Appeals | |
Davidson Taylor v. State of Tennessee
Davidson Taylor (“the Petitioner”) filed for post-conviction relief from his convictions for evading arrest in a motor vehicle and driving under the influence. In his petition, he alleged that he received ineffective assistance of counsel at trial. After an evidentiary hearing, the post-conviction court denied the petition. The Petitioner appeals, arguing that the postconviction court erred in denying his petition. On appeal, the Petitioner asserts that his trial counsel: (1) failed to advise the Petitioner properly regarding his right to testify; and (2) failed to request a continuance once trial counsel learned of a death in his family. After a careful review of the record, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Michael Panzini v. State of Tennessee
The Petitioner, Michael Panzini, pled guilty to aggravated sexual battery, and the trial court sentenced him to ten years, to be served at 100%. The record contains two judgments of conviction, one provided by the State and one provided by the Petitioner. The judgment form in the official court file indicates the box on the judgment form showing the Petitioner was sentenced to community supervision for life as checked. The judgment submitted by the Petitioner does not contain that check mark. The Petitioner filed a petition for habeas corpus relief, contending that his sentence was illegal because he was not sentenced to community supervision for life. The trial court dismissed the petition. On appeal, the Petitioner contends that his original judgment of conviction did not include community supervision for life as required by statute and that his judgment was modified without notice, a hearing, or an order. After a thorough review of the record and applicable authorities, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Robert Lee Vandergriff, Jr.
The defendant, Robert Lee Vandergriff, Jr., was convicted of driving while intoxicated, a Class A misdemeanor, by a Union County jury. He was sentenced to a term of eleven months and twenty-nine days, all of which was suspended but for eight days service in the county jail. On appeal, the defendant’s single contention of error is that the trial court erred by failing to grant his motion to suppress. Specifically, he asserts this decision was error because he was seized without reasonable suspicion. Following review of the record, we affirm the denial of the motion to suppress. |
Union | Court of Criminal Appeals | |
State of Tennessee v. Michael Alvin Young
A Sullivan County jury convicted the Defendant, Michael Alvin Young, of aggravated kidnapping and domestic assault. The trial court merged the two convictions and sentenced the Defendant to eight years and six months in the Tennessee Department of Correction. On appeal, the Defendant contended that the evidence was insufficient to support his aggravated kidnapping conviction and that he received the ineffective assistance of counsel at trial. After a thorough review of the record and the applicable law, this Court affirmed the trial court’s judgment. See State v. Michael AlvinYoung, No. E2010-00849-CCA-R3-CD, 2011 WL 5517281 (Tenn. Crim. App., at Knoxville, Nov. 9, 2011). The Defendant filed a Rule 11 application, pursuant to the Tennessee Rules of Appellate Procedure, to the Tennessee Supreme Court. Our Supreme Court granted the application and remanded the case to this Court for reconsideration in light of State v. Jason Lee White, 362 S.W.3d 559 (Tenn. 2012). After considering the facts and circumstances of this case as compared to those in White, we again affirm the trial court’s judgment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Justin Alexander DeWeese
Upon a plea of guilty, Defendant, Justin Alexander Deweese, was convicted of child abuse of a child eight years of age or less, in violation of Tennessee Code Annotated section 39-15401(a), a Class D felony. He submitted to the trial court to determine the length and manner of service of his sentence. After a hearing, the trial court ordered a three-year sentence of confinement. Defendant has appealed, asserting that he should receive a totally suspended sentence to be served on probation. He does not challenge the length of the sentence. Having fully reviewed the record and the briefs of the parties, we affirm the judgment of the trial court by memorandum opinion. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jason Charles Austin
Appellant, Jason Charles Austin, was indicted by a Washington County grand jury for one count of first-degree murder. After a jury trial, he was convicted of the lesser-included offense of second-degree murder and subsequently sentenced to twenty-three years. On appeal, Appellant argues that: (1) the trial court erred by allowing Appellant’s case to be severed from the case of his co-defendant; (2) the State violated Appellant’s rights under the Tennessee and United States Constitutions; (3) the trial court erred in concluding that Christina Boone was a hostile witness and allowing the State to examine her with regard to her previous statement made to the police; (4) the trial court erred in denying Appellant’s motion to dismiss the indictment based upon the loss of key evidence; (5) the State violated the Rule of Exclusion; (6) the trial court erred by refusing Appellant’s request to call a surrebuttal witness; (7) the trial court erred in instructing the jury that guilt may be inferred from evidence of flight and from concealment of evidence; (8) the trial court erred by imposing a twenty-three-year sentence; and (9) Appellant was denied a fair trial because of cumulative error. Following our review of the record, we find no reversible error and affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Stephen Lee Scott v. State of Tennessee
The Petitioner-Appellant, Stephen Lee Scott, appeals the denial of post-conviction relief, contending that he received the ineffective assistance of counsel in connection with his guilty plea because counsel misinformed him regarding the elements of felony murder. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Joe Eddie Maclin v. State of Tennessee
The Petitioner-Appellant, Joe Eddie Maclin, appeals the denial of post-conviction relief, contending that he did not enter his guilty plea knowingly and voluntarily due to the ineffective assistance of counsel. Upon review, we affirm the judgment of the postconviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Isaac McDonald Jr.
The defendant, Isaac McDonald, Jr., was convicted by a jury of attempted aggravated rape, a Class B felony, and sentenced to serve twelve years in prison. On appeal, the defendant contends that the evidence at trial was insufficient to prove his guilt beyond a reasonable doubt. After a thorough review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals |
