Jerome Wall v. State of Tennessee
Petitioner, Jerome Wall, pled guilty to robbery and aggravated robbery in August, 1992, in the Shelby County Criminal Court. Petitioner received concurrent sentences of three years for his robbery conviction and ten years for his aggravated robbery conviction, to be served in the Tennessee Department of Correction. On May 18, 2012, Petitioner filed a petition for post-conviction relief, challenging his 1992 convictions, which the trial court denied without an evidentiary hearing. Finding no error, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tommy Earl Jones
Following a retrial, the Defendant, Tommy Earl Jones, was convicted by a jury of rape, theft of property valued between $1,000 and $10,000, aggravated kidnapping, and aggravated burglary. The trial court ordered that the ten-year sentence for rape be served consecutively to the ten-year sentence for aggravated kidnapping, for a total effective sentence of twenty years. In this direct appeal, the Defendant again contends that (1) the trial court erred when it excluded him from jury selection, trial, and the return of the verdict in the absence of any waiver; and (2) the trial court erred in imposing consecutive sentencing. After our review, we conclude that the trial court complied with the dictates from this court upon remand. Accordingly, there is no error in the judgments of the trial court, and we affirm. |
Dickson | Court of Criminal Appeals | |
William Darryn Busby v. State of Tennessee
The Petitioner, William Darryn Busby, appeals the Lewis County Circuit Court’s denial of post-conviction relief from his convictions for four counts of rape of a child. In this appeal, the Petitioner argues that he was denied a full and fair hearing by the post-conviction court, that he received ineffective assistance from both trial and appellate counsel, and that the cumulative effect of these errors deprived him of a defense at trial and meaningful appeal. Upon review, we affirm the judgment of the post-conviction court. |
Lewis | Court of Criminal Appeals | |
State of Tennessee v. Michael Tyrone Gant
A Bedford County jury found the Defendant, Michael Tyrone Gant, guilty of aggravated robbery, aggravated burglary, possession of a weapon by a convicted felon, and possession of a firearm during the commission of a felony. The trial court sentenced the Defendant to thirty years for the aggravated robbery conviction, a concurrent fifteen-year sentence for the aggravated burglary conviction, a consecutive six-year sentence for the possession of a weapon by a convicted felon conviction, and a consecutive twelve-year sentence for the possession of a firearm during the commission of a felony conviction for a total effective sentence of forty-eight years in the Tennessee Department of Correction. On appeal, the Defendant contends: (1) the evidence is insufficient to sustain his convictions; and (2) the trial court erred when ordering his sentences to run consecutively. After a thorough review of the record and applicable authorities, we conclude there exists no error in the judgments of the trial court. Accordingly, the judgments of the trial court are affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Timothy Lamont Thompson
A Davidson County jury convicted appellant, Timothy Lamont Thompson, of aggravated robbery and aggravated assault. The trial court sentenced him as a repeat violent offender to life without parole for the aggravated robbery conviction and as a career offender to a concurrent sentence of fifteen years for the aggravated assault conviction. On appeal, he challenges the trial court’s denial of his motion to suppress pretrial eyewitness identifications; the sufficiency of the convicting evidence; the admission of testimony regarding the discovery of a BB gun one month after the robbery; and the trial court’s refusal to modify the Tennessee Pattern Jury Instruction on identification. Following our review, we affirm the judgments of the trial court; however, we remand this case to the trial court for entry of an amended judgment form for the aggravated robbery conviction reflecting appellant’s status as a repeat violent offender. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher S. Kinsler
The Defendant, Christopher S. Kinsler, was convicted by a Hamblen County Criminal Court jury of fourth offense driving under the influence (DUI), a Class E felony. See T.C.A. § 55-10-401 (2012). The trial court sentenced the Defendant as a Range I, standard offender to two years’ confinement. On appeal, the Defendant contends that (1) the evidence is insufficient to support his conviction, (2) the State violated the rules of discovery by failing to provide notice of expert testimony, (3) trial testimony contained inadmissible hearsay, and (4) his sentence is excessive. We affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Marvin Wendell Kelley
The Defendant, Marvin Wendell Kelley, appeals from his jury convictions for first-degree murder, a Class A felony; felony murder in the perpetration of a robbery, a Class A felony; and aggravated robbery, a Class B felony. In this appeal, he contends as follows: (1) that his indictment should have been dismissed due to lost evidence; (2) that the admission of his codefendant’s statements were hearsay and violated his right to confrontation; (3) that statements from a witness were improperly admitted over a hearsay objection; (4) that the trial court erred in denying his suppression motion; and (5) that the evidence was insufficient to support his convictions. After a thorough examination of the record and the applicable authorities, we affirm the judgments of the trial court. |
Maury | Court of Criminal Appeals | |
Frank J. Beasley v. State of Tennessee
Appellant, Frank J. Beasley, stands convicted of one count of facilitation of second degree murder and three counts of facilitation of attempted second degree murder. The trial court sentenced him to an effective sentence of twelve years in the Tennessee Department of Correction. The post-conviction court determined that appellant was unconstitutionally prevented from appealing his convictions and sentences due to ineffective assistance of counsel and granted him relief in the form of a delayed appeal, which is now properly before this court. On appeal, appellant challenges the length of his sentences. Following our review, we affirm the judgments of the trial court but remand for entry of corrected judgment forms. |
Montgomery | Court of Criminal Appeals | |
Kerry Calahan v. State of Tennessee
The petitioner, Kerry Calahan, appeals the denial of his petition for post-conviction relief, which challenged his convictions of aggravated assault, aggravated criminal trespass, simple assault, theft of property valued at less than $500, and resisting arrest. In this appeal, he contends that he was denied the effective assistance of counsel. Discerning no error, we affirm. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Jason Lee Fisher
Appellant, Jason Lee Fisher, stands convicted of four counts of aggravated burglary, three counts of theft of property valued at $1,000 or more but less than $10,000, one count of theft of property valued at more than $500 but less than $1,000, and three counts of vandalism valued at $500 or less. The trial court sentenced appellant as a career offender to an effective sentence of forty-five years. On appeal, he challenges the sufficiency of the convicting evidence and the effective length of his sentence. Following our review, we affirm appellant’s convictions and sentences but remand to the trial court for entry of a corrected judgment. |
Marshall | Court of Criminal Appeals | |
Frank J. Beasley v. State of Tennessee - Concurring
I concur in the majority opinion because the majority accurately reflects State v. Bise, 380 S.W.3d 682 (Tenn. 2012), in yielding to trial court discretion to affirm the imposition of a maximum sentence. I only write separately to voice a concern that, after holding that 75 percent of enhancement factors relied upon by the trial court were erroneously applied as matters of law, affirming the sentence per Bise portrays an image of a winking, nodding, judicial Chimera. Bise says that the misapplication of an enhancement factor does not cancel the presumption of reasonableness of the sentence, id. at 709, but surely at some point the number of legal errors in misapplying enhancement factors may reach a critical mass whereupon even an in-range sentence is no longer compliant “with the purposes and principles listed by statute.” Id. at 709-10. I hope our supreme court will be attentive to this issue. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Antwain Green
Antwain Green (“the Defendant”) was convicted by a jury of reckless homicide. Following a sentencing hearing, the trial court sentenced the Defendant to seven years as a Range II offender, to be served consecutively to a previously imposed forty-five year sentence. On appeal, the Defendant argues that the trial court erred in ordering consecutive sentencing. Upon our thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. David Allan Bohanon
The Defendant-Appellant, David Allan Bohanon, entered guilty pleas to three counts of theft of property valued at $1,000 or more but less than $10,000, Class D felonies. See T.C.A. §§ 39-14-103, -105. Pursuant to the plea agreement, he received an effective three-year sentence to be served on community corrections. In a subsequent restitution hearing, the trial court also ordered him to pay a total of $16,575 in restitution at a rate of $200 per month. On appeal, the Defendant-Appellant argues that the trial court erred by setting an unreasonable amount in restitution based on the evidence presented at trial and his ability to pay. Upon review, we reverse the trial court’s order of restitution and remand the case for a new restitution hearing. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. David Allan Bohanon - Concurring/Dissenting
I agree with the majority that the standard of review for questions related to probation or any other alternative sentence is one of abuse of discretion with a presumption of reasonableness. See State v. Caudle, 388 S.W.3d 273, 278-79 (Tenn. 2012). Payment of restitution is part of the alternative sentence meted out in this case. See T.C.A. § 40-35-104(c)(2). The majority clearly and completely sets forth the law related to determining the appropriate amount of and payment of restitution. I will therefore restrict my analysis to the conclusion of the opinion, with which I most respectfully disagree. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Andra L. Taylor
The defendant, Andra L. Taylor, was convicted of aggravated burglary, employing a firearm during the commission of a dangerous felony, and two counts of reckless endangerment involving a deadly weapon. He was sentenced to an effective fourteen-year sentence in the Department of Correction. On appeal, he raises the single issue of sufficiency of the evidence, but only with regard to one of his convictions for reckless endangerment. Following review of the record, we affirm. |
Madison | Court of Criminal Appeals | |
Henry Alfred Honea v. State of Tennessee
The Petitioner, Henry Alfred Honea, appeals the Coffee County Circuit Court’s denial of his petition for post-conviction relief from his 2006 convictions for first degree murder, especially aggravated robbery, especially aggravated kidnapping, aggravated burglary, evading arrest, and being a felon in possession of a handgun, and his effective sentence of life without parole plus 153 years. The Petitioner contends that he received the ineffective assistance of counsel. We affirm the judgment of the trial court. |
Coffee | Court of Criminal Appeals | |
Juan La Sean Perry v. State of Tennessee
A Maury County jury convicted the petitioner, Juan La Sean Perry, of second degree murder in November 2005, and the trial court sentenced him to twenty-five years in the department of correction. This court affirmed his conviction and sentence. See State v. Juan La Sean Perry, No. M2007-00903-CCA-R3-CD, 2008 WL 1875165, at *1 (Tenn. Crim. App. Apr. 28, 2008), no perm. app. filed. Nearly five years later, petitioner filed the instant petition for post-conviction relief, which the post-conviction court dismissed as untimely. On appeal, petitioner contends that due process principles should toll the statute of limitations and requests that this court remand for an evidentiary hearing. Following our review, we affirm the circuit court’s summary dismissal of the post-conviction petition. |
Maury | Court of Criminal Appeals | |
State of Tennessee v. Jeffery W. Dean
Appellant, Jeffery W. Dean, challenges his convictions for aggravated kidnapping and carjacking, for which he received concurrent sentences of thirteen years. In this appeal, he contends that the evidence was insufficient to sustain either of his convictions. Following our review of the record, we affirm the judgments of the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Tracy A. Roberson
A Hamilton County jury convicted the Defendant, Tracy A. Roberson, of one count of aggravated burglary, one count of especially aggravated kidnapping, one count of aggravated robbery, two counts of aggravated rape, one count of theft of property valued under $500.00, one count of theft of property valued over $1,000.00, and one count of theft of property valued over $60,000.00. For these convictions, the trial court sentenced the Defendant to serve an effective sentence of sixty years in the Tennessee Department of Correction. On appeal, the Defendant claims that: (1) the trial court erred when it denied his motion to suppress evidence obtained through an invalid search warrant; (2) the evidence is insufficient to support his convictions for especially aggravated kidnapping, theft of property valued over $1,000.00, and theft of property valued over $60,000.00; (3) the trial court failed to merge his convictions for aggravated robbery, aggravated kidnapping, and theft; (4) the trial court improperly instructed the jury on especially aggravated kidnapping; (5) the trial court erred when it ordered consecutive sentencing; (6) the trial court demonstrated bias against the Defendant; and (7) the cumulative effect of the errors deprived the Defendant of a fair trial. We conclude that there was insufficient evidence to support the Defendant’s conviction for theft of property valued over $60,000.00, and we modify the conviction to theft of property valued over $10,000.00. We further conclude that the theft of property valued under $500.00 should be merged into the aggravated robbery conviction. We affirm the trial court’s judgments in all other respects. The case is remanded for further proceedings consistent with this opinion. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. William Eugene Hall
The Appellant, William Eugene Hall, was convicted of two counts of felony murder, three counts of first degree burglary, three counts of grand larceny, and one count of petit larceny. The Appellant received the death penalty for one of the murder convictions, a life sentence for the other, and an effective eighty-year sentence for the remaining convictions. The Appellant was unsuccessful in his original direct appeal. State v. Hall, 976 S.W.2d 121 (Tenn. 1998). The Appellant subsequently pursued post-conviction relief. This Court affirmed the trial court’s denial of that relief. William Eugene Hall v. State, No. M2005-02959-CCA-R3-PD, 2008 WL 2649637 (Tenn. Crim. App., July 7, 2008). The supreme court, however, has granted the Appellant a delayed appeal. This appeal stems from the original and amended motions for new trial, which the trial court denied. Following our review, we affirm. |
Humphreys | Court of Criminal Appeals | |
State of Tennessee v. Joshua Taylor
Joshua Taylor (“the Defendant”) pleaded guilty to possession of .5 grams or more of cocaine with intent to sell and simple possession of marijuana. Pursuant to his plea agreement, the Defendant received an effective sentence of eight years. The plea agreement provided that the manner of service would be determined by the trial court. Following a sentencing hearing, the trial court ordered the Defendant to serve his sentence in confinement. The Defendant appealed, arguing that the trial court erred in denying alternative sentencing. Upon our thorough review of the record and applicable law, we affirm the judgments of the trial court. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Jamie N. Grimes
Following a jury trial, the Defendant, Jamie N. Grimes, was convicted of selling .5 grams or more of cocaine within 1,000 feet of an elementary school, a Class A felony. See Tenn. Code Ann. §§ 39-17-417, -432. The trial court classified the Defendant as a Range II, multiple offender, and sentenced him to twenty-five years. In this appeal as of right, the Defendant contends (1) that this offense should have been mandatorily joined with another offense for which he had previously been tried and convicted; (2) that his Sixth Amendment right to a speedy trial was violated; (3) that the indictment against him was defective because it failed to cite to the drug-free school zone statute; (4) that the State improperly withheld its “contract” with the confidential informant used in this case; (5) that the trial court erred by allowing the jury to view a transcript of an audio recording of the offense; (6) that the evidence was insufficient to sustain the conviction; and (7) that his sentence is void because the trial court checked the box for a release eligibility of thirty-five percent on the judgment form rather than the box for 100% of the minimum sentence as mandated by the drug-free school zone statute. Following our review, we affirm the Defendant’s conviction and sentence. However, we remand the case to the trial court for correction of a clerical error regarding the Defendant’s release eligibility. |
Davidson | Court of Criminal Appeals | |
Wendolyn Walden v. State of Tennessee
The Petitioner, Wendolyn Walden, pled guilty to the sale of less than 0.5 grams of cocaine within a school zone. The trial court sentenced the Petitioner to eight years in the Tennessee Department of Correction. The Petitioner filed a petition seeking post-conviction relief almost two years after pleading guilty, which the post-conviction court summarily dismissed. After a thorough review of the record, the briefs, and relevant authorities, we affirm the post-conviction court’s judgment. |
Sullivan | Court of Criminal Appeals | |
Joann G. Rosa v. State of Tennessee
The Petitioner, Joann G. Rosa, appeals the Knox County Criminal Court’s denial of her petition for a writ of error coram nobis regarding her conviction for first degree murder, for which she is serving a life sentence. The Petitioner contends that the trial judge who presided over her jury trial pleaded guilty to official misconduct, that the judge’s misconduct was newly discovered evidence entitling her to a new trial, that the judge’s misconduct created structural error entitling her to a new trial, and that the trial judge who denied coram nobis relief had a conflict of interest because she was mentioned in the Tennessee Bureau of Investigation (TBI) report regarding the misconduct allegation. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Gregory A. Hedges v. State of Tennessee
The petitioner, Gregory A. Hedges, filed in the Morgan County Criminal Court a habeas corpus petition, seeking relief from his convictions of aggravated robbery with a deadly weapon and aggravated kidnapping. The habeas corpus court summarily dismissed the petition, and the petitioner appeals. Upon review, we affirm the judgment of the habeas corpus court. |
Morgan | Court of Criminal Appeals |
