Calvin Owens v. State of Tennessee
The Petitioner, Calvin Owens, appeals from the Shelby County Criminal Court’s denial of post-conviction relief from his convictions for one count of attempted second degree murder, one count of attempted especially aggravated robbery, and two counts of aggravated robbery. On appeal, the Petitioner argues that trial counsel was ineffective in failing to communicate with him, in failing to properly investigate his case, in withdrawing the suppression motion regarding the photo spread identification, in questioning the victim regarding the bad dreams he had while recovering from his injuries in the hospital, and in failing to advise him about the advantages and disadvantages of testifying at trial. In addition, the Petitioner argues that appellate counsel was ineffective in failing to appeal a hearsay issue that was included in the motion for new trial. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Keith L. Jackson v. State of Tennessee
A Davidson County jury convicted Petitioner, Keith L. Jackson, of one count of possession with the intent to sell twenty-six grams or more of a substance containing cocaine in a drugfree school zone and one count of possession of a firearm with the intent to employ it in the commission of or escape from an offense. He was sentenced to an effective sentence of thirty-six years. Following an appeal to this Court, his conviction for possession of a firearm was reversed. Petitioner filed a petition for post-conviction relief which was unsuccessful. His subsequent petition for writ of habeas corpus was also unsuccessful. Petitioner has filed a second petition for writ of habeas corpus which was summarily dismissed by the habeas corpus court. Petitioner appeals the dismissal of his petition in this appeal. He argues that his sentence requiring a 100% release eligibility is unconstitutional and is contrary to the Sentencing Reform Act of 1989. After a thorough review of the record, we affirm the dismissal of the petition because these issues were determined by this Court in Petitioner’s prior appeal from the dismissal of his earlier petition for writ of habeas corpus. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Brian Mark Driggers
A Marshall County jury convicted the Defendant, Brian Mark Driggers, of forgery and misdemeanor theft, and the trial court sentenced him to one year and three months to be served in the Tennessee Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support his convictions, that the State failed to prove venue, and that the trial court erred when it denied the Defendant an alternative sentence. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Charles Phillip Maxwell
Following a bench trial, the Defendant, Charles Phillip Maxwell, was convicted of driving on a suspended license, a Class B misdemeanor. The trial court revoked the Defendant’s license for a year and sentenced the Defendant to 30 days in the county jail, suspended to probation following the service of 24 hours in the county jail. In this appeal as of right, the Defendant contends that the evidence was insufficient to sustain his conviction. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Alan Dale Bobyarchick
Following a bench trial, the Defendant, Alan Dale Bobyarchick, was convicted of violating an order of protection, a Class A misdemeanor. See Tenn. Code Ann. § 39-13-113(g). In this direct appeal, he contends that, in the Order of Protection, the circuit court did not make any specific findings of fact that he committed domestic abuse, sexual assault, or stalking, and, therefore, he could not be convicted of violating the Order of Protection pursuant to Tennessee Code Annotated section 39-13-113(f)(3). After our review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Willie Dockins v. State of Tennessee
A jury convicted the petitioner, Willie Dockins, of first degree murder. The trial court sentenced him to life imprisonment with the possibility of parole. On direct appeal, this court upheld the conviction and sentence. The petitioner filed a pro se petition for post-conviction relief and two amended petitions for post-conviction relief alleging ineffective assistance of counsel at trial and on direct appeal. The post-conviction court denied relief, and the petitioner now appeals. Following a review of the parties’ briefs, the record, and applicable law, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
James E. Lofton v. State of Tennessee
The petitioner, James E. Lofton, appeals the Lauderdale County Circuit Court’s dismissal of his petition for writ of habeas corpus. Following our review, we affirm the summary dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Billy D. Sizemore
The Perry County Grand Jury indicted Appellant, Billy D. Sizemore, for one count of theft over $1,000 in connection with the theft of rolls of wire fencing from Eugene Grinder. A jury convicted Appellant as charged, and the trial court sentenced Appellant to twelve yearsas a career offender. On appeal, Appellant argues that the evidence is insufficient to support his conviction because there was insufficient corroboration of his co-defendant’s testimony. After a thorough review of the record, we conclude that there was sufficient corroborating evidence and, therefore, the evidence was sufficient to support his conviction. The judgment of the trial court is affirmed. |
Perry | Court of Criminal Appeals | |
Mariam Fada Dirie v. State of Tennessee
The petitioner, Mariam Fada Dirie, pleaded guilty to two counts of aggravated child abuse by neglect, a Class A felony, and received concurrent sentences of 17 years’ incarceration. A timely filed petition for post-conviction relief followed wherein the petitioner alleged that her guilty pleas were involuntary due to the ineffective assistance of counsel. Following the appointment of counsel, amendment of the petition, and an evidentiary hearing, the postconviction court denied relief. On appeal, the petitioner contends that the post-conviction court erred by denying relief. Discerning no error, we affirm the judgment of the postconviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Wendland
The defendant, Kenneth Wendland, entered a plea of guilty to aggravated sexual exploitation of a minor, a Class B felony, and criminal simulation, a Class E felony, but reserved a certified question of law pursuant to Rule 37. He received sentences of eight years for the Class B felony and one year for the Class E felony. The question reserved for review is whether the searches of the defendant’s home and computers were illegal under both the United States and Tennessee constitutions. After careful consideration, we conclude that the searches at issue were legal. Police were properly admitted into Mr. Wendland’s house with the consent of his roommate. While properly in the home, the officers legally seized evidence of counterfeiting, pursuant to the plain view doctrine. Specifically, the officers had legal authority to seize certain computers, computer equipment, and other items as evidence because they had probable cause to believe that these items were involved in the production of counterfeit money. After these items were lawfully seized, the computers were properly searched pursuant to valid search warrants. Consequently, we affirm the judgments of the trial court. |
Rutherford | Court of Criminal Appeals | |
Vincent Sims v. State of Tennessee
The capital petitioner, Vincent Sims, appeals as of right from the October 1, 2008 order of the Shelby County Criminal Court denying his initial and amended petitions for post-conviction relief. On appeal, the petitioner claims that the trial court erred in denying relief because: (1) trial counsel was ineffective; (2) appellate counsel was ineffective; and (3) the imposition of the death penalty in this case was unconstitutional. After a careful and laborious review of the record, we conclude that there is no error requiring reversal. Accordingly, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Tobias Johnson v. State of Tennessee
On May 25, 2007, the petitioner, Tobias Johnson, pled guilty to first degree murder in the perpetration of a felony; two counts of rape, Class B felonies; and incest, a Class C felony. He received a negotiated sentence of life in the Tennessee Department of Correction, with the possibility of parole, for the first degree murder conviction. As a Range I, standard offender, he received eight years for each of the rape convictions and three years for the incest conviction, all sentences to be served concurrently with his life sentence. The petitioner filed a petition for post-conviction relief, which the post-conviction court denied. On appeal, the petitioner argues that trial counsel provided ineffective assistance when they (1) did not timely litigate an issue regarding the state’s loss of the audio tape of the petitioner’s August 27, 2003, interrogation; (2) failed to allege in a motion to suppress that the state violated the petitioner’s right to remain silent; and (3) misadvised the petitioner regarding his release eligibility. The petitioner further argues that he did not enter his guilty plea knowingly, intelligently, and voluntarily. Following our review, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Henry Alfred Honea
The Defendant, Henry Alfred Honea, was convicted by a Coffee County Circuit Court jury of first degree premeditated murder, first degree felony murder, especially aggravated robbery, especially aggravated kidnapping, aggravated burglary, evading arrest, and being a felon in possession of a handgun. The Defendant received an effective sentence of life without parole plus 153 years, which was to be served consecutively to previous sentences for other convictions. On appeal, the Defendant argues that (1) the evidence was insufficient to support his convictions of especially aggravated robbery, especially aggravated kidnapping, first degree felony murder, and first degree premeditated murder; (2) the trial court erred in admitting expert proof about the rate of decomposition of the victim’s body; (3) he was deprived of due process and a fair trial by the admission of proof of the Defendant’s pending rape charges; (4) the trial court erred in failing to give an alibi instruction; (5) the trial court erred in admitting underlying factual proof about the Defendant’s prior kidnapping convictions at the sentencing hearing; (6) the trial court erred in entering judgments for both first degree felony murder and first degree premeditated murder, then merging the convictions; and (7) he was deprived of the effective assistance of counsel when trial counsel failed to call two exculpatory witnesses to testify at the trial. We affirm the especially aggravated robbery, especially aggravated kidnapping, aggravated burglary, evading arrest, and being a felon in possession of a handgun judgments. We vacate the first degree premeditated murder and felony murder judgments and remand the case for entry of one judgment of conviction for first degree murder, noting merger of the two counts of conviction. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Perry Avram March
Following a jury trial, Defendant, Perry Avram March, was convicted of second degree murder, a Class A felony, abuse of a corpse, a Class E felony, and destruction of evidence, a Class C felony. The trial court sentenced Defendant as a Range I, standard offender, to twenty-five years for his murder conviction, two years for his abuse of a corpse conviction, and five years for his destruction of evidence conviction. The trial court ordered Defendant to serve his sentences for his Class C and Class E felonies consecutive to his sentence for his murder conviction, and his murder conviction in this case consecutive to his sentence in case no. 2005-D-2854 of twenty-four years for his conviction of conspiracy to commit first degree murder, for an effective sentence of fifty-six years. On appeal, Defendant argues that the trial court erred in admitting into evidence (1) his statements to Detective Postiglione on August 12, 2005; (2) his taped conversations with Nathaniel Farris while Defendant was housed in the Davidson County Jail awaiting trial; (3) Leigh Reames’ testimony concerning Defendant’s prior conduct; and (4) the draft of a novel written by Defendant. Defendant also contends that the State’s prosecution of the offenses of abuse of a corpse and tampering with evidence are time-barred and, alternatively, that the tolling of the statute of limitations in criminal cases violates his constitutional right to travel and denies him equal protection under the law. Defendant submits that the cumulative effect of these errors denied him his constitutional right to due process. After a thorough review we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Kenneth C. Davis v. State of Tennessee
The petitioner, Kenneth Clay Davis, appeals the Sevier County Circuit Court’s denial of his petition for post-conviction relief. The petitioner was convicted of identity theft, a Class D felony, and driving after being declared a habitual motor vehicle offender, a Class E felony, and was sentenced, as a career offender, to an effective sentence of twelve years in the Department of Correction. On appeal, the petitioner asserts that the denial of the petition was error because: (1) his due process rights were violated by the State’s failure to prove beyond a reasonable doubt that the offenses were committed before the return of the indictment; and (2) he was denied his Sixth Amendment right to the effective assistance of counsel. Following review of the record, we find no error in the denial and affirm the judgment of the Sevier County Circuit Court. |
Sevier | Court of Criminal Appeals | |
Ronnie Bradfield v. Henry Steward, Acting Warden
The pro se petitioner, Ronnie Bradfield, appeals the Lauderdale County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the summary dismissal of the petition. |
Lauderdale | Court of Criminal Appeals | |
Christopher Perry v. State of Tennessee
The petitioner, Christopher Perry, appeals the denial of his petition for post-conviction relief from his first degree murder conviction, arguing that his trial counsel provided ineffective assistance by his failure to properly investigate the case and advise him about testifying at trial. Following our review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Anthony Leon Moore v. Joe Easterling, Warden
The pro se petitioner, Anthony Leon Moore, appeals the Hardeman County Circuit Court’s dismissal of his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that his convictions are void or his sentences illegal, we conclude that the State’s motion is well-taken. Accordingly, we affirm the summary dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
George T. McClain v. State of Tennessee
The Petitioner, George T. McClain, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his conviction for sale of less than one-half gram of cocaine, a Class C felony. See T.C.A. § 39-17-417 (2010). On appeal, he contends that (1) the trial court imposed illegal sentences and (2) trial counsel rendered ineffective assistance of counsel. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Craig Edwin James
The Defendant, Craig Edwin James, was convicted of speeding in Rutherford County General Sessions Court and appealed his conviction to the Rutherford County Circuit Court. Following a de novo bench trial, the Defendant was convicted of speeding, a Class C misdemeanor, fined five dollars, and ordered to pay $624 in court costs. On appeal, the Defendant contends: (1) his General Sessions trial was conducted in violation of both Tennessee statute and the United States and Tennessee Constitutions; (2) the designation of his speeding violation as criminal rather than civil violated his right to equal protection; and (3) the United States Department of Transportation improperly limits state sentencing discretion in violation of the Supremacy Clause. After a thorough review of the record and applicable law, we affirm the trial court’s judgment. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Heather Richardson
In this interlocutory appeal, the Appellant, Heather Richardson, appeals the Rutherford County Circuit Court’s order denying her relief from the prosecutor’s denial of her application for pretrial diversion. The State concedes that the district attorney general abused his discretion in denying the application. Upon review, we reverse the circuit court’s order and remand for the trial court to order the prosecutor to grant the Appellant pretrial diversion. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Robert A. Cantrell
The defendant, Robert A. Cantrell, was convicted by a Rutherford County jury of the sale of .5 grams or more of cocaine, a Class B felony, and was sentenced by the trial court as a Range II multiple offender to sixteen years in the Department of Correction. He raises three issues on appeal: (1) whether the trial court erred by not declaring a mistrial following a bomb threat and ensuing building evacuation that took place during voir dire; (2) whether his right to trial by a fair and impartial jury was prejudiced by the jurors’ exposure to the bomb threat and publicity surrounding the case; and (3) whether the evidence was sufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Trestan Lemark Yarbrough
The defendant, Trestan Lemark Yarbrough, appeals the revocation of his probation and reinstatement of his original sentence for his convictions for facilitation of aggravated assault and two counts of aggravated assault, arguing that the trial court abused its discretion by imposing a sentence that was more severe than necessary to achieve the purposes set forth in the sentencing guidelines. Following our review, we affirm the trial court’s order revoking the defendant’s probation and reinstating his original sentence. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Gerry Tallan
The appellant, Gerry Tallant, was convicted by a Shelby County Criminal Court jury of first degree murder, for which he received a life sentence. On appeal, the appellant contends that the evidence is insufficient to support his conviction, that the trial court erred when it instructed the jury on criminal responsibility, and that the State’s closing argument was improper. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Chuncy Lesolue Hollis
The defendant, Chuncy Lesolue Hollis, was convicted by a Gibson County jury of first degree premeditated murder and sentenced to life imprisonment. In a timely appeal to this court, he challenges the sufficiency of the evidence and argues that the trial court erred by issuing an expanded jury instruction on the element of premeditation. Based on our review, we conclude that although the evidence was sufficient to sustain the jury’s finding that the defendant premeditated the killing, the trial court committed reversible error by improperly commenting on the evidence and giving an incomplete statement of the law in its expanded premeditation instruction. Accordingly, we reverse the conviction and remand for a new trial. |
Gibson | Court of Criminal Appeals |
