State of Tennessee v. Ronnie Wayne Blair
A Williamson County jury convicted the Defendant, Ronnie Wayne Blair, of Driving Under the Influence (“DUI”), first offense. The trial court sentenced him to eleven months and twenty-nine days, all of which was suspended after the service of four days. On appeal, the Defendant contends that the trial court improperly limited his cross-examination of the arresting officer by preventing use of the National Highway Traffic Safety Administration (“NHTSA”) manual and that the trial court improperly commented on the evidence. The State counters that this appeal should be dismissed because the Defendant failed to timely file his notice of appeal. After a thorough review of the record and applicable law, we conclude that the interests of justice require waiver of the Defendant’s untimely filing of his notice of appeal. However, upon our consideration of the merits of the Defendant’s issues, we conclude the Defendant is not entitled to relief. The judgment of the trial court is, therefore, affirmed. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Stephano L. Weilacker
Appellant, Stephano L. Weilacker, was indicted by the Montgomery County Grand Jury for aggravated robbery and especially aggravated kidnapping for his role in the robbery of Triangle Kwik Stop in Montgomery County, Tennessee. At the conclusion of a jury trial, Appellant was found guilty of both offenses. Appellant was sentenced by the trial court to ten years for aggravated robbery and twenty years for especially aggravated kidnapping, to be served concurrently. The sentences were ordered to be served consecutively to an elevenyear sentence for aggravated robbery in another case. Appellant filed a motion for extension of time in which to file a motion for new trial more than thirty days after the entry of the judgments. The trial court granted the motion. Appellant filed a motion for new trial. After a hearing, the trial court denied the motion. On appeal, Appellant argues that the evidence was insufficient to support the convictions; that the trial court failed to properly charge the jury with lesser included offenses; and that the trial court improperly ordered consecutive sentencing. After a review of the record as a whole, we determine that the trial court improperly ruled on an untimely motion for new trial. Therefore, Appellant has waived all issues on appeal with the exception of sufficiency of the evidence, sentencing, and issues that would result in the dismissal of the prosecution. Because the evidence was sufficient to support the convictions and the trial court properly sentenced Appellant, the judgments of the trial court are affirmed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Benjamin Randolph Hubard
The Defendant, Benjamin Randolph Hubard, pled guilty to driving under the influence (DUI), first offense, a Class A misdemeanor, and violation of the implied consent law. The trial court merged the convictions and sentenced the Defendant to 11 months and 29 days with 100 percent service of his sentence. The trial court also ordered the Defendant to pay a $350 fine, complete DUI school, and to perform 24 hours of community service in the form of litter removal. In this appeal as of right, the Defendant contends (1) that the trial court erred in setting the length of his sentence and (2) that the trial court erred in ordering the additional penalties. Following our review, we conclude that the trial court erred in ordering the Defendant to complete DUI school and to perform 24 hours of community service. The judgment of the trial court is affirmed in part and reversed in part. The case is remanded. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Dawn Davidson
A Chester County jury convicted the defendant, Dawn Kathleen Davidson, of attempted first degree murder, a Class A felony, and the trial court sentenced her as a Range I, standard offender to twenty-three years in the Tennessee Department of Correction. On appeal, the defendant claims that (1) the trial court erred by denying her motion for a bill of particulars; (2) the trial court erred by preventing her attorney from fully cross-examining the state’s witnesses; and (3) her sentence was excessive because the trial court incorrectly applied an enhancement factor and erroneously failed to apply any mitigation factors. Following our review, we conclude that the defendant waived all issues other than sentencing. Finding no reversible error, we affirm the judgment of the trial court. |
Chester | Court of Criminal Appeals | |
Larry J. Noel v. State of Tennessee
The petitioner, Larry J. Noel, appeals the denial of his petition for post-conviction relief, raising the following four issues on appeal: (1) whether his pretrial transfer of custody to the Department of Correction subjected him to double jeopardy and violated his due process rights; (2) whether he was incompetent to stand trial due to a stroke he suffered less than a month prior to trial; (3) whether he was denied the effective assistance of counsel at trial and on appeal; and (4) whether the post-conviction court erred by denying his motion for a continuance due to the unavailability of witnesses. Following our review, we affirm the denial of the petition for post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
Nesha Newsome v. State of Tennessee
The Petitioner, Nesha Newsome1, filed in the Shelby County Criminal Court a petition for post-conviction relief from her convictions for especially aggravated kidnapping, aggravated kidnapping, aggravated robbery, and robbery. The Petitioner contended that her trial counsel were ineffective by failing to object to the trial court’s definition of “aiding” in response to the jury’s question regarding the criminal responsibility jury instruction, failing to argue that her convictions violated due process, and failing to have the Petitioner undergo a pretrial mental evaluation. The post-conviction court denied the petition, and the Petitioner now appeals. In addition to the foregoing issues, the Petitioner also asserts that the supreme court’s denial of funding for a forensic psychologist violated her federal and state due process rights. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Issac Scott v. State of Tennessee
The petitioner, Issac Scott, appeals the post-conviction court’s denying his petition for postconviction relief from his conviction for first degree premeditated murder and resulting life sentence. On appeal, he contends that he received the ineffective assistance of trial counsel and that the post-conviction court’s denial of funding for him to hire a forensic pathologist violated his constitutional rights. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Raymond E. McNeil v. State of Tennessee
Following a jury trial, the Petitioner, Raymond E. McNeil, was convicted of Class D felony evading arrest and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-16-603(b)(3), 55-50-504(a)(1). This Court affirmed his convictions on direct appeal. See State v. Raymond McNeil, No. M2007-01566-CCA-R3-CD, 2008 WL 4170330 (Tenn. Crim. App., Nashville, Sept. 10, 2008), perm. to appeal denied, (Tenn. Feb. 17, 2009). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) Trial Counsel was ineffective for putting a police officer’s unredacted incident report on the overhead projector; (2) Trial Counsel was ineffective for acquiescing in the admission of the incident report into evidence; and (3) The trial court erred when it allowed the entire incident report into evidence. After our review, we affirm the post-conviction court’s denial of relief. |
Williamson | Court of Criminal Appeals | |
Shakir Adams v. State of Tennessee
The petitioner, Shakir Adams, appeals the denial of his petition for post-conviction relief from his first degree premeditated murder conviction, arguing that he received the ineffective assistance of counsel. Following our review, we affirm the post-conviction court’s denial of the petition. |
Shelby | Court of Criminal Appeals | |
Torian Dillard v. State of Tennessee
The petitioner, Torian Dillard, appeals the post-conviction court’s dismissal of his petition for post-conviction relief for failure to prosecute, arguing that the court abused its discretion by not appointing new counsel after the petitioner’s appointed counsel was allowed to withdraw and by requiring the petitioner to proceed with his petition pro se. Following our review, we affirm the post-conviction court’s dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Travis King
The defendant, Travis King, was convicted of aggravated robbery, a Class B felony, and sentenced as a Range I, standard offender to ten years in the Department of Correction. On appeal, he argues that the evidence was insufficient to support his conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joe McKnight
The defendant, Joe McKnight, was convicted by a Shelby County Criminal Court jury of aggravated robbery, a Class B felony, and sentenced to ten years as a Range I offender in the Department of Correction. On appeal, he argues that (1) the trial court erred in allowing the State to question defense witness, Dr. Joseph Angelillo, about the defendant’s prior criminal history; (2) the trial court erred in allowing the State to lead its witness, Stanley Johnson; (3) the trial court erred in admitting co-defendant Stanley Johnson’s statement to authorities into evidence; and (4) the evidence was insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Juan Manuel Coronado, II
Upon finding a violation of probation, the trial court revoked the probationary sentence the appellant, Juan Manuel Coronado, II, was serving for a rape conviction and ordered him to serve his original eight-year sentence in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in revoking his probation and in ordering him to serve his sentence in confinement. Upon review, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
Raymond E. McNeil v. State of Tennessee
Following a jury trial, the Petitioner, Raymond E. McNeil, was convicted of Class D felony evading arrest and driving on a revoked license, a Class B misdemeanor. See Tenn. Code Ann. §§ 39-16-603(b)(3), 55-50-504(a)(1). This Court affirmed his convictions on direct appeal. See State v. Raymond McNeil, No. M2007-01566-CCA-R3-CD, 2008 WL 4170330 (Tenn. Crim. App., Nashville, Sept. 10, 2008), perm. to appeal denied, (Tenn. Feb. 17, 2009). The Petitioner filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. In this appeal, the Petitioner raises the following issues for review: (1) Trial Counsel was ineffective for putting a police officer’s unredacted incident report on the overhead projector; (2) Trial Counsel was ineffective for acquiescing in the admission of the incident report into evidence; and (3) The trial court erred when it allowed the entire incident report into evidence. After our review, we affirm the post-conviction court’s denial of relief. |
Williamson | Court of Criminal Appeals | |
Antonio D. Richardson v. State of Tennessee
Petitioner, Antonio D. Richardson, appeals from the trial court’s order denying his petition for post-conviction relief. Petitioner asserts that his counsel provided constitutionally ineffective assistance. After a thorough review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joann Williamson
The Defendant, Joann Williamson, pled guilty to facilitation of the manufacture of methamphetamine, a Class C felony, and two counts of child abuse and neglect, a Class D felony. See T.C.A. § 39-17-417 (2010); T.C.A. § 39-15-401 (Supp. 2008) (amended 2009). She was sentenced as a Range I, standard offender to six months’ incarceration and three years, six months’ probation for the facilitation conviction and four years’ probation for each of the child abuse convictions, to be served consecutively to the facilitation conviction for an effective twelve-year sentence. The Defendant’s plea agreement reserved a certified question of law regarding the legality of the warrantless search of her home. The Defendant contends that the trial court erred in denying her motion to suppress evidence and that the State should not be allowed to rely on more than one exception to the warrant requirement. The State contends that the Defendant did not properly reserve the certified question. We hold that the Defendant’s certified question was not properly reserved. The appeal is dismissed. |
Campbell | Court of Criminal Appeals | |
Timothy D. McGlory v. State of Tennessee
Petitioner, Timothy D. McGlory, was convicted following the entry of his guilty pleas to attempted second degree murder and possession of a Schedule I drug for resale. Pursuant to the plea agreement, Petitioner was sentenced to 12 years for his attempted second degree murder conviction and eight years for the drug offense, and his sentences were ordered to be served concurrently, for an effective sentence of 12 years. Petitioner now appeals from the post-conviction court’s dismissal of his petition for post-conviction relief, in which he alleged that his guilty pleas were involuntarily entered; that the prosecution failed to disclose evidence favorable to Petitioner; and that he was denied the effective assistance of counsel. After a careful review of the record, we conclude that Petitioner is not entitled to relief and affirm the judgment of the post-conviction court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Joseph John Borger
The Defendant, Joseph John Borger, pled guilty to multiple offenses stemming from his driving while intoxicated, and the trial court sentenced him as a Range II Offender to an effective sentence of seven years. On appeal, the Defendant contends that his sentence is excessive. After a thorough review of the record and applicable authorities, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Juan Markeith Collier v. State of Tennessee
Petitioner, Juan Markeith Collier, pled guilty to aggravated kidnapping and attempted second degree murder, both Class B felonies, and was sentenced to concurrent sentences of eleven years. The eleven-year sentence for aggravated kidnapping was required by statute to be served at one-hundred percent. In this appeal from the denial of the post-conviction petition, Petitioner asserts that his guilty plea was involuntary because trial counsel and two “loved ones” coerced him into accepting the plea. 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. |
Davidson | Court of Criminal Appeals | |
Jarret Alan Guy v. State of Tennessee
Petitioner, Jarret Alan Guy, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that (1) counsel failed to file a motion to suppress his statement because Petitioner and is family were threatened by a police detective; and that (2) counsel failed to file a motion to suppress his statement based on Petitioner’s alleged intoxication at the time of the interview. 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. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Karim El-Amin
The appellant, Karim El-Amin, pled guilty in the Washington County Criminal Court to two counts of fraudulent use of a credit card involving a value more than five hundred dollars but less than one thousand dollars, a Class E felony, and one count of fraudulent use of a credit card involving a value equal to or less than five hundred dollars, a Class A misdemeanor. Pursuant to the plea agreement, the appellant was to receive an effective four-year sentence with the manner of service to be determined by the trial court. On appeal, the appellant challenges the trial court’s denial of his request of alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Washington | Court of Criminal Appeals | |
Joseph Brown v. State of Tennessee
The Petitioner, Joseph Brown, appeals as of right from the Shelby County Criminal Court’s denial of his petition for post-conviction relief challenging his guilty plea to one count of facilitation of first degree murder and two counts of especially aggravated kidnapping. The Petitioner contends that he received the ineffective assistance of trial counsel and that his guilty plea was not knowingly and voluntarily entered into. Following our review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Jason Lee White v. State of Tennessee
The Petitioner, Jason Lee White, appeals from the order of the trial court dismissing his “Motion to Correct Illegal Sentence.” The State has filed a motion requesting that this Court affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. We grant the State’s motion and affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Fallon Lynn Tallent v. State of Tennessee
Petitioner, Fallon Lynn Tallent, was convicted in Wilson County of two counts of premeditated murder and sentenced to two, consecutive life terms. The convictions were affirmed on direct appeal, and the supreme court denied permission to appeal. State v. Fallon L. Tallent, No. M2005-00183-CCA-R3-CD, 2006 WL 47090 (Tenn. Crim. App., at Nashville, Jan. 10, 2006), perm. app. denied, (Tenn. May 1, 2006). Petitioner filed a pro se petition for post-conviction relief. It was denied without a hearing. Petitioner appealed to this Court. On appeal, this Court reversed the judgment of the post-conviction court and remanded the case for appointment of counsel. Fallon Lynn Tallent v. State, No. M2007-01336-CCA-R3-PC, 2008 WL 762486, at *5 (Tenn. Crim. App., at Nashville, Mar. 24, 2008). On remand, counsel was appointed, and an amended petition for post-conviction relief was filed. After a hearing on the petition, the post-conviction court denied relief and dismissed the petition. Petitioner has appealed the denial of post-conviction relief. After a thorough review of the record, we determine that Petitioner has failed to show that she received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Ashley Mai Cook
Defendant, Ashley Mai Cook, was convicted of conspiracy to commit first degree premeditated murder, a Class A felony, and first degree premeditated murder. She received consecutive sentences of twenty years as a Range I offender for conspiracy to commit first degree murder and life imprisonment for first degree murder. On appeal, she contends that the evidence is insufficient to support her convictions; that the trial court erred in denying her motion for expert services; that the trial court erred in not charging the jury that Megan Jones was an accomplice; and that her sentence was excessive. After a thorough review of the record, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals |
