Torrez Talley v. State of Tennessee
Petitioner, Torrez Talley, appeals the dismissal of his petition for post-conviction relief in which he alleged that he received ineffective assistance of trial counsel because counsel failed to sufficiently argue the standard of reasonable doubt during closing argument. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel and affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Phillip Wayne Flowers
The defendant, Phillip Wayne Flowers, who pled guilty to one count of sexual battery, a Class E felony, and was sentenced to one year on community corrections, appeals the trial court’s denial of his motion to withdraw his guilty plea. After review, we affirm the judgment of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Walter Odell Savage
The Defendant, Walter Odell Savage, pled guilty to three counts of sale of . 5 grams or more of cocaine, a Class B felony. See Tenn. Code Ann. § 39-17-417. The trial court sentenced the defendant to an effective ten-year sentence to be served in confinement. In this appeal as of right, the Defendant contends that the trial court erred by ordering his sentence served in confinement. Following our review, we affirm the judgments of the trial court. |
Court of Criminal Appeals | ||
State of Tennessee v. Antonio T. Smith
In Hamilton County, Appellant, Antonio T. Smith, pled guilty to one count of possession of less than .5 grams of cocaine for resale and one count of attempted possession of contraband in a penal facility. The trial court sentenced him to an effective sentence of eight years to be served on probation. Subsequently, a probation violation report was filed, and the trial court held a hearing. At the conclusion of the hearing, the trial court revoked Appellant’s probation and ordered him to serve his six-year sentence in confinement and his remaining two-year sentence on probation. Appellant appeals the revocation of his probation. He argues that the trial court abused its discretion in revoking his probation because the testimony of the arresting officers was not credible. He also claims the trial court erred in denying his request for a mental evaluation. After a thorough review of the record, we conclude that the trial court did not abuse its discretion. Therefore, we affirm the decision of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael C. Bennett
A Grainger County Circuit Court jury convicted the appellant, Michael C. Bennett, of aggravated burglary, a Class C felony, and theft of property valued one thousand dollars or more but less than ten thousand dollars, a Class D felony. After a sentencing hearing, the trial court sentenced him as a Range III, persistent offender to fifteen years for the aggravated burglary conviction and twelve years for the theft conviction. The sentences were to be served concurrently. On appeal, the appellant contends that the trial court’s failure to rule on his pretrial motion to prohibit the State from impeaching him with prior convictions pursuant to Rule 609, Tennessee Rules of Evidence, affected his right to a fair trial. The State contends that the issue is waived. Based upon the record and the parties’ briefs, we conclude that the appellant waived the issue and affirm the judgments of the trial court. |
Grainger | Court of Criminal Appeals | |
Margo Freshwater v. State of Tennessee
The petitioner, Margo Freshwater, was convicted of first degree murder and sentenced by the jury to imprisonment for 99 years. In 1970, she escaped from the Tennessee Prison for Women and was at large until 2002, when she was arrested in Columbus, Ohio, and returned to Tennessee to resume service of her sentence. She filed a petition for writ of error coram nobis which twice has been remanded to the trial court. The main issue in this appeal is whether the State withheld from the petitioner’s counsel the statement of Johnny Box that the petitioner’s co-defendant told him that he had been the lone shooter of the victim, which, had it been revealed to her counsel, more probably than not, according to the petitioner, would have resulted in a different judgment. Following our review, we concur with the argument of the petitioner in this matter. Accordingly, we reverse the petitioner’s conviction for first degree murder and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jason R. McCallum
The defendant, Jason R. McCallum, was convicted by a Dyer County Circuit Court jury of the sale of more than 0.5 grams of a Schedule II controlled substance, methamphetamine, within 1000 feet of a school, a Class A felony. He was sentenced to eighteen years as a Range I offender. On appeal, he challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Dyer | Court of Criminal Appeals | |
Nabeeh Jameel Mateen v. State of Tennessee
The petitioner, Nabeeh Jameel Mateen, appeals the denial of his petition for post-conviction relief from his especially aggravated robbery conviction, arguing that he received the ineffective assistance of counsel. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Jonathan K. Price v. State of Tennessee
On October 11, 2006, the petitioner, Jonathan K. Price, pleaded guilty to aggravated burglary, solicitation of a minor, and two counts of statutory rape. He received a negotiated sentence of six years on probation. The petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel, and the post-conviction court denied relief. On appeal, the petitioner argues that trial counsel provided ineffective assistance, and thus, he did not enter his guilty pleas knowingly, intelligently, and voluntarily. Following our review of the record, the parties’ briefs, and applicable law, we affirm the denial of post-conviction relief. |
Rutherford | Court of Criminal Appeals | |
Robert B. Ledford v. State of Tennessee
The pro se petitioner, Robert B. Ledford, appeals the Hamilton County Criminal Court’s summary denial of his petition for writ of error coram nobis attacking his convictions of second degree murder, kidnapping, aggravated robbery, and theft. Because we conclude that coram nobis relief is not available to provide relief from a guilty-pleaded conviction, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Ben W. Watkins v. State of Tennessee
The petitioner, Ben W. Watkins, appeals from the Blount County Circuit Court’s denial of his petition for writ of habeas corpus. Because the trial court correctly found that the petitioner failed to present a cognizable habeas corpus claim, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Javon Frazier
The defendant, Javon Frazier, appeals the trial court’s termination of his judicial diversion, arguing that he was denied due process at the revocation hearing, and the State concurs. After review, we reverse the judgment of the trial court and remand for a new revocation hearing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Millen
The pro se defendant, Kevin Millen, appeals the order of the Shelby County Criminal Court affirming the Shelby County General Sessions Court’s finding that he was guilty of contempt. Following our review, we affirm the judgment of the criminal court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Montrel Gilliam
The defendant, Montrel Gilliam, was convicted by a Shelby County jury of first degree premeditated murder and three counts of attempted first degree murder. He was sentenced by the trial court to consecutive terms of life imprisonment for the first degree murder conviction and as a Range I standard offender to twenty-five years, twenty-two years, and twenty years, respectively, for the attempted murder convictions, for an effective term of life plus sixty-seven years in the Department of Correction. On appeal, he challenges the sufficiency of the evidence in support of his convictions and argues that the trial court erred by instructing the jury on his silence as a tacit admission to the crimes. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Robert S. Wilson v. State of Tennessee
Following a jury trial, the Petitioner, Robert S. Wilson, was convicted of attempted aggravated sexual battery and rape of a child. This Court affirmed his convictions on direct appeal. The Petitioner filed a timely petition for post-conviction relief and, after a hearing, the post-conviction court denied relief. In this appeal, the Petitioner claims that he was denied effective assistance of counsel because Trial Counsel: (a) failed to adequately meet with him prior to the trial and investigate his case; (b) failed to adequately cross-examine the victim, the victim’s brother, and the victim’s mother; and (c) failed to adequately convey the State’s plea offer such that the Petitioner could make an informed and knowledgeable decision. Additionally, the Petitioner contends that the cumulative effect of Trial Counsel’s alleged deficiencies amounted to ineffective assistance of counsel. After our review, we affirm the post-conviction court’s denial of relief. |
Marion | Court of Criminal Appeals | |
Marilyn Denise Avinger v. State of Tennessee
The Petitioner, Marilyn Denise Avinger, appeals the Davidson County Criminal Court’s denial of post-conviction relief from her conviction of attempted second degree murder, for which she received a nine-year sentence, with all but thirty days to be served on probation. On appeal, she contends that trial counsel rendered ineffective assistance. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Scott Clevenger
The Grainger County Grand Jury indicted Appellant, Scott Clevenger, for one count of aggravated sexual battery, one count of rape of a child, and two counts of incest. The trial court sentenced Appellant to an effective sentence of fifty years. On appeal, Appellant argued that he was denied his rights under Miranda v. Arizona, 384 U.S. 436 (1966). State v. Scott G. Clevenger, No. E2007-298-CCA-R3-CD, 2008 WL 588862, at *1 (Tenn. Crim. App., at Knoxville, Mar. 5, 2008). Appellant was unsuccessful on appeal because he had failed to file a motion for new trial and because this Court determined that he was advised of his rights under Miranda and, therefore, a clear and unequivocal rule of law had not been breached in order to allow plain error review. Id. at *4. After being granted a delayed appeal, Appellant once again raises the issue that he was denied his rights under Miranda. However, this issue was previously determined in this Court’s review under the plain error doctrine. Therefore, the law of the case doctrine prevails and we are unable to revisit the issue. For this reason, we affirm the judgments of the trial court. |
Grainger | Court of Criminal Appeals | |
Orlando Jones v. State of Tennessee
Pursuant to a plea agreement, the Petitioner, Orlando Jones, pled guilty as a Range III offender to aggravated assault and aggravated kidnapping in exchange for an effective sentence of twelve years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of counsel and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief after a hearing, and the Petitioner now appeals. After a thorough review of the record and applicable law, we affirm the post-conviction court’s judgment. |
Madison | Court of Criminal Appeals | |
Dennis Wade Suttles v. State of Tennessee
The Petitioner, Dennis Wade Suttles, appeals from the judgment of the Knox County Criminal Court denying his petition for post-conviction relief. A Knox County Criminal Court jury convicted the Petitioner of premeditated first degree murder and sentenced him to death. The Tennessee Supreme Court affirmed the Petitioner’s conviction and sentence on direct appeal. State v. Suttles, 30 S.W.3d 252 (Tenn.), cert. denied, 531 U.S. 967 (2000). On appeal, the Petitioner challenges the effectiveness of his counsel’s representation before trial, during trial, and on direct appeal. The Petitioner also challenges the constitutionality of the death penalty. This court holds that the trial court did not err in finding that the Petitioner received the effective assistance of counsel at all stages of the case and that the Petitioner’s challenges against the death penalty are without merit. The judgment of the trial court denying post-conviction relief is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Cindy Mae Nelson
animals, a Class E felony, and agreed to an eighteen-month sentence, with the trial court to determine the manner of service of her sentence. After a hearing, the trial court ordered the Defendant to serve her entire sentence in the Tennessee Department of Correction (“TDOC”) and ordered her to pay $15,816.76 in restitution. The Defendant now appeals, contending the trial court erred both when it denied alternative sentencing and when it set the amount of her restitution. After a thorough review of the record and applicable law, we conclude the trial court properly denied alternative sentencing but erred in setting the amount of her restitution. As such, we reverse and remand the case for further proceedings consistent with this opinion. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Christopher Terrell Robinson
A Bedford County jury convicted the Defendant, Christopher Terrell Robinson, of violating the Habitual Motor Vehicle Offender (“HMVO”) Act, evading arrest, and violating the light law. Subsequently, the Defendant also pled guilty to felony failure to appear for not appearing at his original court date. For all the Defendant’s convictions, the trial court sentenced him to an effective sentence of twelve years, to be served as a Range II offender at 60%. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for violating the HMVO Act; and (2) his sentence is excessive because the trial court inappropriately ordered his sentences to run consecutively. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments. |
Bedford | Court of Criminal Appeals | |
Charles Ray Harvey v. State of Tennessee
The Petitioner, Charles Ray Harvey, appeals from the Scott County Circuit Court’s denial of his petition for post-conviction relief from his conviction of first degree murder, for which he is serving a life sentence. He contends that his trial attorneys failed to provide effective assistance because they did not advise him that accepting a guilty plea offer was in his best interest and did not accurately advise him of the unlikelihood that he would prevail at trial. Upon review, we affirm the judgment of the trial court. |
Scott | Court of Criminal Appeals | |
Frankie Kelly McGowan v. State of Tennessee
Petitioner, Frankie Kelly McGowan, entered a best interest plea in Bedford County to one count of aggravated burglary and two counts of burglary in exchange for an effective ten-year sentence. The effective sentence was ordered to run consecutively to sentences in two other cases for which Petitioner was on parole at the time of the offenses. Subsequently, Petitioner sought post-conviction relief on the basis of ineffective assistance of counsel and because his guilty plea was unknowingly and involuntarily entered. The post-conviction court dismissed the petition after a hearing. Petitioner has appealed the dismissal of his petition for post-conviction relief to this Court. After a review of the record, we conclude that Petitioner has failed to present clear and convincing evidence that his guilty plea was involuntarily or unknowingly entered or that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Bedford | Court of Criminal Appeals | |
Alanda D. Hayes v. State of Tennessee
The Petitioner, Alanda D. Hayes, brought the present petition for habeas corpus relief in the Johnson County Criminal Court, challenging the legality of the sentences he received in five separate cases. The habeas corpus court dismissed the petition without a hearing. On appeal, the Petitioner contends that the habeas corpus court erred when it dismissed his petition because he was sentenced in contravention of the 1989 Sentencing Act and that, as such, his sentences are void. Having thoroughly reviewed the record and applicable authorities, we conclude the habeas corpus court properly dismissed the petition. We therefore affirm the habeas corpus court’s judgment. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Jessica Lee Clark
The Franklin County Grand Jury indicted Appellant, Jessica Lee Clark, for one count of driving under the influence (“DUI”), one count of violation of the implied consent law, and one count of reckless driving. Appellant was convicted of DUI by a jury and the trial court determined she had violated the implied consent law. She was acquitted of the reckless driving charge. The trial court sentenced Appellant to eleven months and twenty-nine days to be served on probation except for seven days to be served in confinement. Appellant appeals her DUI conviction. On appeal, Appellant argues that the evidence presented that she was intoxicated through the ingestion of alcohol is not sufficient evidence to support her conviction because the use of the term “intoxicant” in Tennessee Code Annotated section 55-10-401(a)(1) requires evidence of the use of an intoxicant other than alcohol. We conclude that the term “intoxicant” as used in Tennessee Code Annotated section 55-10-401(a)(1) does include alcohol and that Appellant’s argument is without merit. Therefore, we affirm the judgment of the trial court. |
Franklin | Court of Criminal Appeals |
