Kimberly Thurman v. State of Tennessee
The petitioner, Kimberly Thurman, filed a petition for post-conviction relief from her conviction for second degree murder. The petition was filed outside the one-year statute of limitation for filing a post-conviction petition, but the petitioner alleged that the limitations period should be tolled because she was unable to manage her personal affairs or understand her legal rights and liabilities. The post-conviction court summarily dismissed the petition as time-barred, and the petitioner now appeals. Upon review, we affirm the judgment of the post-conviction court. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Orville Losey
The Defendant, Orville Losey, was found guilty by a Coffee County Circuit Court jury of three counts of aggravated assault, a Class C felony. See T.C.A. § 39-13-102 (2006) (amended 2009, 2010). He pled guilty to resisting arrest with a weapon, a Class A misdemeanor. See T.C.A. § 39-16-602 (2010). He was sentenced as a Range II, multiple offender to eight and one-half years’ confinement for each of the aggravated assault convictions and to eleven months, twenty-nine days’ confinement for the resisting arrest conviction, to be served concurrently. On appeal, he contends that (1) the evidence was insufficient to support his convictions and (2) his sentences are excessive and not consistent with the purposes and principles of the Sentencing Reform Act. We affirm the judgments of the trial court. |
Coffee | Court of Criminal Appeals | |
Joshua Dunn v. State of Tennessee
Pursuant to a plea agreement that he personally negotiated with the State, the Petitioner, Joshua Dunn, pleaded guilty to violating his probation, one count of especially aggravated robbery, one count of especially aggravated kidnapping, one count of conspiracy to commit aggravated robbery, and one count of arson. Pursuant to the terms of the agreement, all of the Petitioner’s sentences were ordered to run concurrently for a total effective sentence of fifteen years at 100%. The Petitioner filed a timely petition for post-conviction relief and, after a hearing, the post-conviction court denied relief. In this appeal, the sole issue that the Petitioner raises is that his Trial Counsel’s representation, or the Petitioner’s selfrepresentation, constituted ineffective assistance of counsel because the Petitioner pleaded guilty to especially aggravated kidnapping and especially aggravated robbery without seeing discovery regarding the extent of the victim’s injuries. After our review, we affirm the postconviction court’s denial of relief. |
Bradley | Court of Criminal Appeals | |
William A. Hawkins v. State of Tennessee
The petitioner, William A. Hawkins, aggrieved by his Sullivan County jury conviction of premeditated first degree murder for which he received a sentence of life imprisonment, filed a petition for post-conviction relief alleging that his conviction was the product of ineffective assistance of counsel and other constitutional deprivations. Following the appointment of counsel, amendment of the petition, and an evidentiary hearing, the trial court denied relief. On appeal, the petitioner argues that the trial court erred in denying him relief. Discerning no error, we affirm the order of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gary Lynn Harvey
Appellant, Gary Lynn Harvey, was found guilty by a Knox County Criminal Court jury of assault, a Class A misdemeanor, and disorderly conduct, a Class C misdemeanor. See Tenn. Code Ann. §§ 39-13-101 & 39-17-305. The trial court sentenced Appellant to elevenmonths, twenty-nine days on probation for the assault conviction and to thirty days on probation for the disorderly conduct conviction, with the sentences to run concurrently. On appeal, Appellant contends that the trial court erred by: (1) refusing to dismiss the disorderly conduct charge because the presentment was insufficient; (2) refusing to dismiss the disorderly conduct charge because section 39-17-305(b) is unconstitutionally vague and overbroad; (3) finding the evidence sufficient to support his conviction for disorderly conduct; (4) finding the evidence sufficient to support his conviction for assault; (5) not declaring a mistrial due to an officer’s conduct during jury deliberations; (6) not finding prosecutorial misconduct after Appellant was charged with assaulting an officer who denied being assaulted; (7) not declaring a mistrial following the discharge of a juror during deliberations and the recall of an alternate juror who had already been discharged; (8) not providing Appellant with a written copy of the jury instructions before his closing argument; (9) incorrectly charging the jury on reasonable doubt; (10) incorrectly charging the jury on self-defense; (11) incorrectly charging the jury on lawful resistance; (12) denying him the right to present a complete defense by erroneously excluding newspaper articles as hearsay evidence; (13) violating his Sixth Amendment right to confront witnesses; (14) improperly conducting voir dire; (15) denying him the right to present a complete defense by erroneously excluding witness testimony and by granting the State’s motion to quash subpoenas against the Knoxville Sheriff and two chief deputy sheriffs; (16) refusing to grant a change of venue; and (17) denying his right to a speedy trial by delaying in ruling on his motion for new trial. Because Appellant was denied his constitutional right to a jury trial when the trial court substituted a discharged alternate juror for a disqualified original juror during deliberations, we reverse the judgments and remand the case for a new trial. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. James G. McCreery, Jr.
A Rutherford County jury convicted the Defendant, James G. McCreery, Jr., of use of a weapon during a felony, felony reckless endangerment, criminal trespass, and two counts of reckless aggravated assault, and the trial court sentenced him to a three-year suspended sentence. On appeal, the Defendant contends that the evidence is insufficient to support his conviction for criminal trespass and that the trial court improperly instructed the jury as to self-defense. After a thorough review of the record and the applicable law, we affirm the trial court’s judgments. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Mark Frederic Taylor
The appellant, Mark Frederic Taylor, was convicted of two counts of attempt to obtain a controlled substance by fraud and one count of fraudulently obtaining benefits for medical assistance, and he received a total effective sentence of fourteen years, eight years of which was to be served on probation. Subsequently, the trial court found that the appellant violated his probationary sentence by receiving new convictions. Therefore, the trial court revoked the appellant’s probation and ordered him to serve his entire sentence in confinement. On appeal, the appellant contests the revocation and the imposition of an incarcerative sentence. Upon review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Michael T. Henderson v. State of Tennessee - Concurring
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the opinion’s conclusion that because the Petitioner’s grand larceny and burglary sentences had been served, the Petitioner was not “in custody” on them, thereby barring habeas corpus relief. I believe they were part of consecutive sentences that were to be treated in the aggregate, allowing for habeas corpus relief from any judgment that was void. |
Morgan | Court of Criminal Appeals | |
James M. Flinn v. State of Tennessee
The Appellant, James M. Flinn, appeals from the Roane County Criminal Court’s denial of his pro se “Motion for Preliminary Examination or Probable Cause Hearing” and his pro se “Motion to Suppress and Return Items Seized Pursuant to Search Warrant and Warrantless Searches.” On appeal, the Appellant contends that the trial court erred in denying his motions because (1) he was entitled to a preliminary hearing in the Roane County Criminal Court to determine if police had probable cause to detain him and (2) the Roane County Criminal Court had exclusive jurisdiction over his motion to suppress and return property obtained during the search of his home. We affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
Michael T. Henderson v. State of Tennessee
The State of Tennessee appeals the Morgan County Criminal Court’s order granting the petitioner, Michael T. Henderson, partial habeas corpus relief from his Knox County convictions of burglary and larceny. Also on appeal, the petitioner argues in his brief that the habeas corpus court erred in denying a portion of his claims. Following our review we reverse the partial award of habeas corpus relief and affirm the denial of the remaining habeas corpus claims. |
Morgan | Court of Criminal Appeals | |
Rickey Clyde Taylor v. State of Tennessee
The Petitioner, Rickey Clyde Taylor, appeals as of right from the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief. The Petitioner pled guilty to four counts of delivery of .5 grams or more of cocaine, a Class B felony, and received an effective 28-year sentence for the convictions. In this appeal as of right, the Petitioner alleges that as a result of trial counsel’s ineffectiveness, his guilty pleas were involuntarily entered. Following our review, we affirm the judgment of the post-conviction court. |
Lauderdale | Court of Criminal Appeals | |
Clifton Douglas v. Joe Easterling, Warden
The Petitioner, Clifton Douglas, appeals as of right from the Hardeman County Circuit Court’s dismissal of his petition for a writ of habeas corpus. The Petitioner contends that the State failed to provide proper notice of its intention to seek enhanced punishment as required by statute. See Tenn. Code Ann. § 40-35-202(a). Following our review, we affirm the judgment of the habeas corpus court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Dennis R. Shaw
Following a jury trial in Putnam County, Defendant, Dennis Russell Shaw, was convicted of driving on a revoked license, second offense or subsequent offense, violation of the registration law, and violation of the financial responsibility law. He has appealed only the driving on revoked license conviction, arguing that his conviction was improperly enhanced beyond a first offense. After reviewing the briefs of the parties and the record, we affirm. |
Putnam | Court of Criminal Appeals | |
David A. Ferrell v. State of Tennessee
The Defendant, David A. Ferrell, was convicted of failure to display a license, violation of the seatbelt law, and two violations of the vehicle registration law. He was ordered to serve thirty days in jail and pay a fifty-dollar fine. His convictions were affirmed on direct appeal, and the Tennessee Supreme Court denied his application for permission to appeal. The Petitioner filed a petition for post-conviction relief, claiming the trial court lacked jurisdiction over his case. The post-conviction court summarily dismissed the petition citing the petition’s untimeliness. The Petitioner appeals, contending the post-conviction court erred when it dismissed his petition. After a thorough review of the record and applicable law, we reverse the post-conviction court’s judgment. |
Warren | Court of Criminal Appeals | |
Marcus Welcome v. State of Tennessee
Petitioner, Marcus Welcome, was convicted by a Knox County jury of criminal responsibility for aggravated robbery. As a result, Petitioner was sentenced as a Range II, multiple offender to twenty years in confinement. Petitioner’s conviction and sentence were affirmed on appeal. State v. Welcome, 280 S.W.3d 215, 218 (Tenn. Crim. App. 2007). Subsequently, Petitioner sought post-conviction relief. After a hearing, the post-conviction court determined that Petitioner had failed to establish that he received ineffective assistance of counsel at trial. After a review of the record, we determine that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the postconviction court is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. William Chandler Daniels
Appellant William Chandler Daniels pled guilty to a charge of theft of property valued at more than $10,000. The plea agreement stipulated that Appellant’s sentence was to be three years, with the manner of service and restitution to be determined by the court. The completed judgment form indicates that Appellant was sentenced to serve his three years in the Tennessee Department of Correction. It also provides that “[r]estitution is reserved pending a hearing.” At a subsequent hearing, the trial court ordered Appellant to pay $2,000 in restitution. In this appeal, Appellant challenges the trial court’s authority to order restitution in combination with a custodial sentence as well as the court’s evaluation of the appropriate amount of restitution. We conclude that the trial court was permitted to order restitution; however it did not consider Appellant’s ability to pay or specify the time or amount of payment. Therefore, the case is remanded to the trial court for further proceedings. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Clarence D. Hayes
A Davidson County jury convicted the defendant of first degree felony murder, and he received a life sentence in the Tennessee Department of Correction. On appeal, he arguesthat (1) the trial court denied his right to counsel at his motion for new trial hearing; (2) the evidence was insufficient to support his conviction; (3) the trial court erred by admitting evidence of the defendant’s prior bad acts; and (4) the trial court erred by allowing a lay witness to provide expert testimony. Following a thorough review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry Wayne Robinson
Appellant, Terry Wayne Robinson, was indicted by the Madison County Grand Jury for driving under the influence (“DUI”) and DUI seventh offense. After a jury trial, Appellant was found guilty of DUI. Appellant pled guilty to DUI, seventh offense. The trial court merged the convictions and sentenced Appellant to four years as a Range II, multiple offender. After the denial of a motion for new trial, Appellant has appealed. Appellant argues on appeal that the evidence was insufficient to support the conviction for DUI. After a review of the record, we determine that the evidence was sufficient to support Appellant’s conviction. Accordingly, the judgments of the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
Aaron T. James v. State of Tennessee
The Petitioner, Aaron T. James, appeals the Davidson County Criminal Court’s denial of post-conviction relief from his conviction for especially aggravated kidnapping and resulting sixty-year sentence. He contends that the trial court committed plain error by (1) failing to instruct the jury on the need for unanimity as to the theory of guilt, (2) failing to require the State to elect a theory of guilt, and (3) failing to correct the prosecutor’s misstatement of law during closing argument. He also contends that (4) trial counsel rendered ineffective assistance by failing to object to or request corrections for the first three issues and (5) appellate counsel rendered ineffective assistance by failing to raise these issues on appeal. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Kevin E. Shepard
The defendant, Kevin E. Shepard, was convicted after a bench trial of reckless endangerment involving a deadly weapon, a Class E felony, and was sentenced to two years, suspended to supervised probation. On appeal, he argues that the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Hickman | Court of Criminal Appeals | |
State of Tennessee v. Kevin Lee Williams
Appellant, Kevin Lee Williams, pleaded guilty in the Montgomery County General Sessions Court to two counts of domestic assault. The general sessions court sentenced Appellant to two concurrent sentences of eleven months and twenty-nine days. Appellant subsequently appealed his plea to the Montgomery County Circuit Court arguing that his plea was entered involuntarily. The circuit court held a hearing, but the hearing was limited to the issue of sentencing. Appellant appeals from the circuit court’s refusal to consider whether his plea was entered voluntarily based upon provisions set out in Rule 37 of the Tennessee Rules of Criminal Procedure. Because we have determined that Rule 37 does not apply to proceedings in general sessions courts, we affirm the circuit court’s determination with regard to limiting the hearing to an appeal of the imposed sentence. Therefore, we affirm the decision of the circuit court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Don Siddall
The Defendant, Don Siddall, was found guilty in a bench trial by the Hamilton County Criminal Court of two counts of false imprisonment, a Class A misdemeanor. See T.C.A. § 39-13-302 (2010). He was sentenced to eleven months, twenty-nine days’ confinement, suspended after time served. On appeal, he contends that (1) the evidence was insufficientto support his convictions and (2) the trial court erred by allowing the victims to be exempt from the rule of sequestration. We affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Timotheus Lamar Johnson v. State of Tennessee
The Petitioner, Timotheus Lamar Johnson, pled guilty to second degree murder and especially aggravated robbery in exchange for a total effective sentence of thirty-five years in the Tennessee Department of Correction. Subsequently, the Petitioner filed for postconviction relief, alleging his trial counsel was ineffective and that his pleas were not knowingly and voluntarily entered. The post-conviction court denied the petition, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Anthony Dewayne Jordan v. State of Tennessee
The petitioner, Anthony D. Jordan, appeals the denial of his petition for post-conviction relief. On appeal, he argues that he received ineffective assistance of counsel and that he did not enter his guilty plea knowingly and voluntarily. After careful review, we affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
David M. Olvera v. State of Tennessee
Following a jury trial, the Petitioner, David M. Olvera, was convicted of first degree felony murder and especially aggravated robbery, a Class A felony. See Tenn. Code Ann. § 39-13-202(a)(2), -403(b). This Court affirmed his convictions on direct appeal. See State v. Olvera, No. M2004-02090-CCA-R3-CD, 2005 WL 3262932 (Tenn. Crim. App., Nashville, Dec. 2, 2005), perm. to appeal denied, (Tenn. May 1, 2006). The Petitioner filed a timely petition for post-conviction relief. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. After our review, we affirm the post-conviction court’s denial of relief. |
Davidson | Court of Criminal Appeals |
