State of Tennessee v. Derrick Sloan Taylor
A Davidson County jury convicted the Defendant, Derrick Sloan Taylor, of attempted especially aggravated robbery and attempted first degree murder, and the trial court sentenced him to an effective sentence of thirty-three years in the Tennessee Department of Correction. On appeal, the Defendant contends that: (1) the trial court erred when it admitted evidence about him firing a gun on another occasion; and (2) the evidence is insufficient to sustain his convictions. After a thorough review of the record and applicable authorities, we affirm the trial court’s judgments. |
Davidson | Court of Criminal Appeals | |
Darrell Wayne Bumpas v. State of Tennessee
The Petitioner, Darrell Wayne Bumpas, pled guilty to robbery and resisting arrest, and the trial court sentenced him as a Range II offender to six years in the Tennessee Department of Correction. The Petitioner filed a petition for post-conviction relief, alleging that his guilty plea was unknowing and involuntary and that he received the ineffective assistance of counsel. After a hearing, the post-conviction court dismissed the petition, and the Petitioner now appeals. After a thorough review of the record and applicable authorities, we affirm the post-conviction court’s judgment. |
Davidson | Court of Criminal Appeals | |
Lawrence Earl Wade v. State of Tennessee
The petitioner, Lawrence Earl Wade, pled guilty pursuant to a negotiated plea agreement to first degree murder and especially aggravated robbery. Pursuant to the plea agreement, the petitioner agreed to a sentence of fifteen years for the robbery charge and to a life sentence for the murder charge. On appeal from the post-conviction court’s denial of relief, the petitioner argues that he received ineffective assistance of counsel because his trial counsel failed to investigate his mental history and that he did not knowingly and voluntarily enter his guilty pleas. Following our review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Matthew Jackson v. State of Tennessee
The petitioner, Matthew Jackson, appeals the Lake County Circuit Court’s summary dismissal of his pro se petition for the writ of habeas corpus. The petitioner pled guilty to two counts of aggravated rape, a Class A felony; aggravated kidnapping, a Class B felony; aggravated robbery, a Class B felony; and theft of property over $500, a Class E felony. He was subsequently sentenced to an effective sentence of twenty-five years in the Department of Correction. On appeal, the petitioner asserts that the habeas corpus court erred in summarily denying his petition, specifically contending that his sentence is void and illegal pursuant to Blakely v. Washington, 542 U.S. 296 (2004). The State has filed a motion requesting that this court affirm the lower’s court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish a cognizable claim for habeas corpus relief, we grant the State’s motion and affirm the judgment of the Lake County Circuit Court. |
Lake | Court of Criminal Appeals | |
Ricky Lynn Hill v. State of Tennessee
On August 18, 2008, the petitioner, Ricky Lynn Hill, pled guilty to DUI, leaving the scene of an accident, and attempted tampering with evidence; he also pled nolo contendere to vehicular assault. After holding that the petitioner could not be convicted of DUI for double jeopardy reasons, the circuit court sentenced the petitioner to an effective sentence of five years, eleven months, and twenty-nine days. The petitioner subsequently filed a petition for habeas corpus relief. The petitioner now appeals the judgment of the Chester County Circuit Court dismissing his petition for habeas corpus relief. After review, we affirm the judgment denying habeas corpus relief. |
Chester | Court of Criminal Appeals | |
State of Tennessee v. Charles Cox
The defendant, Charles Cox, stands convicted of aggravated burglary, a Class C felony, and theft of property under $500, a Class A misdemeanor. The trial court sentenced him to 11 months, 29 days in the county jail for the misdemeanor and to eight years as a Range II, multiple offender in the Tennessee Department of Correction for the felony, to be served concurrently. On appeal, the defendant challenges the sufficiency of the convicting evidence. Following our review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Paul William Perry, Sr.
The Defendant-Appellant, Paul William Perry, Sr., appeals the revocation of his community corrections sentence. He originally pled guilty in the Circuit Court of Hardeman County to aggravated assault, a Class C felony, and vandalism between $1,000 and $10,000, a Class D felony. Perry was granted an alternative sentence of four and a half years with the Corrections Management Corporation. Perry admits that he violated the terms of his sentence; however, he argues that the trial court erred by revoking the sentence and ordering confinement. Upon review, we affirm the judgment of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Huedel Sparkman
A Marshall County Circuit Court jury convicted the appellant, Huedel Sparkman, of one count of possession of .5 grams or more of cocaine with the intent to sell and one count of possession of .5 grams or more of cocaine with the intent to deliver, class B felonies. At sentencing, the trial court merged the convictions and imposed a sentence of 25 years’ incarceration to be served as a Range III, persistent offender, consecutively to any unserved sentence. In this appeal as of right, the appellant argues that the evidence is insufficient to support his convictions and that the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Lawrence D. Ralph
The Defendant, Lawrence D. Ralph, was convicted of driving under the influence (DUI), fourth offense; DUI per se, fourth offense; driving on a revoked driver’s license, fifth offense; violation of the habitual traffic offender status; and two counts of evading arrest. The trial court merged the DUI per se conviction with the first count and merged the driving on a revoked license conviction with the habitual traffic offender conviction. The trial court sentenced the Defendant to four years each for the DUI, fourth offense conviction; the habitual traffic offender status conviction; and the felony evading arrest conviction, to be served consecutively for an effective 12-year sentence. In this appeal as of right, the Defendant contends (1) that the evidence was insufficient to convict him of DUI, fourth offense and (2) that the trial court’s sentence was excessive. Following our review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Brian Wesley Lacey
A Davidson County Criminal Court jury convicted the defendant, Brian Wesley Lacey, of 12 counts of the rape of a child, two counts of aggravated sexual battery, and one count of sexual battery. The trial court imposed sentences of 20 years for each rape of a child conviction, eight years for both aggravated sexual battery convictions, and one year for the conviction of sexual battery and ordered partially consecutive sentencing for an effective sentence of 60 years’ incarceration to be served at 100 percent. In this appeal, the defendant contends that the trial court erred by admitting an audio recording into evidence without first conducting a hearing outside the presence of the jury as required by Tennessee Rule of Evidence 404(b) and by imposing consecutive sentences. We discern no error in the defendant’s convictions but do find that the trial court erroneously ordered the defendant to serve 100 percent of his convictions of aggravated sexual battery in counts one and nine as a “child rapist.” The case is remanded to the trial court for the entry of a corrected judgment for those counts. The remainder of the defendant’s sentences are affirmed, and the correction of these judgments does not alter the total effective sentence. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Charles Hall
The defendant, Charles Hall, was convicted by a Shelby County Criminal Court jury of two counts of alternate theories of aggravated robbery, a Class B felony. The court merged the second count into the first count and sentenced the defendant as a repeat violent offender to life without the possibility of parole. On appeal, the defendant argues that: (1) the pretrial photographic identification by the victim was overly suggestive and the trial court erred in failing to hold an evidentiary hearing or rule on his motion to suppress the identification; (2) the trial court erred in allowing evidence that a small child was present during the commission of the robbery; (3) he was dissuaded from testifying because of the comments of the prosecutor and trial court; (4) the evidence was insufficient to sustain his convictions; (5) the trial court erred in determining that he was a repeat violent offender; and (6) the trial court erred in ordering consecutive sentences. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Randy Parham
The defendant, Randy Parham, was convicted by a Shelby County Criminal Court jury of attempted first degree premeditated murder, a Class A felony; aggravated robbery, a Class B felony; theft of property valued at $1000 or more, a Class D felony; and domestic assault causing bodily injury, a Class A misdemeanor. He was sentenced by the trial court as a Range II offender to thirty-five years at 100% for the attempted first degree murder conviction, fifteen years at 100% for the aggravated robbery conviction, six years at 35% for the theft conviction, and eleven months, twenty-nine days for the misdemeanor assault conviction. Finding the defendant to be a dangerous offender, the trial court ordered that the sentences for his felony convictions be served consecutively to each other, for a total effective sentence of fifty-six years in the Department of Correction. The defendant raises essentially three issues on appeal: (1) whether the evidence was sufficient to sustain his felony convictions; (2) whether the trial court erred by not merging the aggravated robbery conviction with the theft conviction and the attempted murder conviction with the assault conviction; and (3) whether the trial court erred in sentencing. Based on our review, we |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terence Alan Carder
The defendant, Terence Alan Carder, appeals the order entered against him by the McNairy County Circuit Court, ordering that he pay $80,000 in restitution. The defendant pled guilty to theft of property over $1000, a Class D felony, and was sentenced to two years of probation following the service of sixty days in jail. Additionally, the court ordered the defendant to pay $80,000 in |
McNairy | Court of Criminal Appeals | |
Larry C. Thompson, Jr. v. State of Tennessee
Defendant, Larry C. Thompson, Jr., has appealed from the trial court’s order which denied defendant’s “Motion to Reopen and Suspend Sentence.” The sentence which defendant sought to “reopen” and suspend was entered May 10, 2004. The motion to “reopen” and suspend the sentence was not filed until over five years later in July 2009. After a review of the record and the briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Veronica Lynn Floyd
The defendant, Veronica Lynn Floyd, pled guilty in the Bedford County Circuit Court to three counts of theft of property over $10,000, Class C felonies, and one count of theft of property over $1000, a Class D felony. She was sentenced as a Range I offender to five years on each of the theft over $10,000 convictions, with two of the counts to be served concurrently and one count consecutively to the others, and three years on the theft over $1000 conviction, to be served consecutively to the other counts, for a total effective sentence of thirteen years. The defendant was ordered to serve nine months of her sentence in the county jail with the remaining term on community corrections. On appeal, she argues that the trial court imposed an excessive sentence. After review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Jermario Divine Warfield
The defendant, Jermario Divine Warfield, pled guilty in the Davidson County Criminal Court to aggravated burglary, a Class C felony, in exchange for a three-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his sentence in confinement, which he now appeals. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Martez Rhodes
The defendant, Michael Martez Rhodes, pursuant to a plea agreement, entered an Alford “best interest” plea of guilty to two counts of attempted aggravated sexual battery, a Class C felony. The agreement provided for a four-year sentence for each conviction, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court imposed consecutive sentences for a total effective sentence of eight years, to be served in the Department of Correction. On appeal, the defendant argues that the trial court erred in denying probation and in imposing consecutive sentences. After careful review, we affirm the judgments from the trial court. However, we note the transcript shows an Alford “best-interest” guilty plea. The judgment reflects a plea of nolo contendere. We remand for a correction of the judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Robin Blaskis
In November 2006, the Putnam County grand jury indicted Appellant, Robin Blaskis, for one count of theft over $60,000. Following a jury trial, Appellant was convicted as charged. The trial court sentenced Appellant to ten years as a Range I, standard offender. On appeal, Appellant argues that the trial court erred in denying her motion to dismiss based upon the violation of her right to a speedy trial and that the evidence was insufficient to support her conviction. After a thorough review of the record, we conclude that the trial court’s denial of her motion to dismiss was correct because the four factors set out in Barker v. Wingo, 407 U.S. 514 (1972), did not weigh in her favor. We also conclude that the evidence was sufficient to support her conviction. Therefore, the judgment of the trial court is affirmed. |
Putnam | Court of Criminal Appeals | |
Luis Castanon v. State of Tennessee
Petitioner, Luis Castanon, filed a petition pursuant to the Post-Conviction DNA Analysis Act of 2001, Tennessee Code Annotated sections 40-30-301-313. Petitioner sought DNA testing of evidence in the trial resulting in his convictions for four counts of aggravated rape and one count of aggravated burglary. The State filed a response in opposition to the petition, and the trial court summarily dismissed the petition, concluding that Petitioner had not satisfied the statutory requirements to authorize DNA testing. In this appeal, Petitioner asserts that the trial court erred by summarily dismissing the petition and by failing to require the State to submit proof that “DNA evidence” no longer existed. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
David A. Romano v. Tony Parker, Warden
The petitioner, David A. Romano, appeals the Fayette County Circuit Court’s summary dismissal of his petition for the writ of habeas corpus. The petitioner pled guilty to one count of Class D felony forgery, two counts of Class E felony forgery, and one count of Class A misdemeanor theft of property. He was subsequently sentenced to concurrent sentences of twelve years, two six-year sentences, and eleven months and twenty-nine days for the respective convictions. He was further ordered to serve the sentences in confinement. After a period, the trial court granted the petitioner’s motion to serve the balance of the sentences on probation; however, his probation was later revoked and the petitioner remainsincarcerated to date. On appeal, the petitioner argues that the trial court was without authority or jurisdiction to allow him to serve his sentence on probation because his sentence was greater than ten years, which precluded his eligibility to receive a probationary sentence. The State has filed a motion requesting that this court affirm the lower court’s dismissal pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the petitioner has failed to establish that he is currently restrained pursuant to an illegal sentence, we grant the State’s motion and affirm the judgment of the Fayette County Circuit Court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Hubert Glenn Sexton
A Scott County jury found the Appellant Hubert Glenn Sexton guilty of two counts of first degree murder arising from the deaths of Stanley and Terry Goodman. Following penalty phase, the jury found the presence of one statutory aggravating circumstance, that the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another, and that this aggravator outweighed any mitigating factors. See T.C.A. § 39-13-204(i)(6). The jury imposed sentences of death. Appellant Sexton seeks review by this court of both his convictions for first degree murder and his sentences of death. He raises the following issues for our review: (I.) Whether the trial court erred in denying a motion for change of venue; (II.) Whether the trial court erred in failing to properly admonish the jury before and during trial; (III.) Whether the trial court erred in failing to adequately voir dire the jury regarding extrajudicial information; (IV.) Whether the trial court erred in failing to excuse certain jurors for cause; (V.) Whether the trial court erred in admitting allegations of child sexual abuse; (VI.) Whether the trial court erred in admitting testimony regarding the Appellant’s |
Scott | Court of Criminal Appeals | |
State of Tennessee v. Dana Kennedy Walls
Defendant-Appellant, Dana Kennedy Walls, was convicted by a Warren County Circuit Court jury of facilitation of initiating a process to manufacture methamphetamine in count one, a Class C felony; facilitation of promoting the manufacture of methamphetamine in count two, a Class E felony; and promoting the manufacture of methamphetamine in count three, a Class D felony. She was sentenced as a Range I, standard offender to serve concurrent sentences of five years with service of 365 days in confinement for count one, two years with service of 90 days in confinement for count two, and three years with service of 250 days in confinement for count three, for an effective sentence of five years with 365 days in confinement prior to serving the remainder of her sentence on probation. On appeal, Dana Walls argues: (1) the evidence was insufficient to support her convictions, (2) the trial court committed reversible error in failing to instruct the jury on the lesser included offense of attempt for each of the charged offenses, and (3) her sentence is excessive. Following our review, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Deredious Otis
The defendant, Deredious Otis, stands convicted of aggravated assault, a Class C felony. The trial court sentenced him as a Range I, standard offender to four and a half years in the workhouse. On appeal, the defendant presents seven issues for our review: (1) whether the trial court erred in denying the defendant’s motion for judgment of acquittal; (2) whether the trial court erred by not allowing the defendant to enter his own statement to police as evidence; (3) whether the trial court erred by refusing to instruct the jury on the affirmative defenses of self-defense and defense of a third party; (4) whether the trial court erred by restricting defense counsel’s cross-examination; (5) whether the trial court erred by threatening defense counsel with contempt; (6) whether the trial court committed a Batson error in the composition of the final jury; and (7) whether the trial court improperly applied sentencing factors. Finding no reversible error, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Warren Parker
The defendant, Warren Parker, appeals the trial court’s denial of any form of alternative sentencing. The defendant entered a guilty plea to three counts of aggravated assault, a Class C felony, and one count of evading arrest, a Class A misdemeanor. He was sentenced to concurrent six year sentences for the Class C felonies and to a concurrent eleven-month, twenty-nine-day sentence for the Class A misdemeanor. After careful review, we affirm the trial court’s judgments that deny alternative sentencing. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Stacy Lambert
The appellant, Brandon Stacy Lambert, was convicted of numerous drug related offenses, aggravated burglary, theft, and burglary. The trial court imposed a total effective sentence of seventeen years. The appellant was granted probation and was ordered to complete the drug court program. After the appellant was dismissed from the drug court program, the trial court revoked his probation and ordered him to serve his original sentence in confinement. On appeal, the appellant concedes a "technical violation" of the conditions of probation but requests that he once again be granted probation. Upon review, we affirm the judgments of the trial court. |
Blount | Court of Criminal Appeals |
