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 | |
Douglas Jordan v. State of Tennessee
A Blount County jury convicted the petitioner, Douglas Jordan, of second degree murder. The trial court sentenced the petitioner to twenty-three years in the Tennessee Department of Correction. On direct appeal, this court affirmed his conviction and sentence. The petitioner sought post-conviction relief, and the post-conviction court found that the state suppressed evidence but that the evidence was not material to the defense. On appeal, the petitioner argues that (1) the state withheld favorable, material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) the post-conviction court erred by applying a sufficiency of the evidence standard to the materiality prong of the Brady test; (3) the state’s suppression of evidence violated Article 1, sections 1 and 2, of the Tennessee Constitution; and (4) in the alternative, the petitioner’s trial counsel provided ineffective assistance by failing to properly investigate the case. Following our thorough review, we conclude that the state failed to disclose evidence that was both favorable and material to the defense in violation of the petitioner’s right to due process. Therefore, we reverse the judgment of the post-conviction court and remand the case for a new trial. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Thomas Milton Carver III
The defendant, Thomas Milton Carver, III, was convicted by a Madison County jury of aggravated assault, a Class C felony, and sentenced as a Range II, multiple offender to ten years in the Department of Correction. On appeal, he raises two issues for our review: (1) whether the trial court erred in charging the jury with a flight instruction; and (2) whether the trial court erred by sentencing the defendant as a Range II offender. Following review of the record, we conclude no error exists and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Ricky Lynn Hill v. State of Tennessee
Petitioner, Ricky Lynn Hill, appeals the Lake County Circuit Court’s dismissal of his petition for writ of habeas corpus. Petitioner pled guilty to vehicular assault, driving under the influence (“DUI”) fifth offense, attempted tampering with evidence, and leaving the scene of an accident.1 Pursuant to the plea agreement, Petitioner was sentenced 1 to an effective sentence of seven years, eleven months, and twenty-nine days and released to intensive probation. Petitioner filed a petition for writ of habeas corpus in which he argued that his guilty pleas were involuntary, that his convictions violated double jeopardy, and that his sentence was excessive. The habeas corpus court denied relief for failure to comply with the habeas corpus statute and for failure to state a cognizable claim for relief. Following review of the record, we affirm the denial of habeas corpus relief. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Darrin Mosby
The defendant, Darrin Mosby, pled guilty in the Shelby County Criminal Court to two counts of carjacking, a Class B felony. Following a sentencing hearing, the trial court sentenced the defendant to concurrent ten-year sentences, to be served in the Tennessee Department of Correction. On appeal, the defendant challenges the imposed sentences, specifically contending that: (1) the term of ten years is excessive in light of the trial court’s misapplication of an enhancement factor and failure to consider mitigating factors; and (2) the court erred in ordering the sentences be served in confinement. Following a review of the record, we remand the case to the trial court for reconsideration based upon this opinion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Darrin Mosby - Concurring and Dissenting
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mark Patton
In this interlocutory appeal, the appellant, Mark Patton, appeals the Roane County Criminal Court’s denial of his motion to dismiss a three-count indictment against him. The appellant claims that he is immune from prosecution pursuant to Tennessee Code Annotated section 8-47-107 because the State compelled him to testify about matters related to the indictment at a proceeding to oust him as Roane County Constable. Upon review of the record and the parties’ briefs, we reverse the order of the trial court and dismiss the indictment. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Deadrick Eugene Garrett
A Knox County Criminal Court jury convicted the defendant, Deadrick Eugene Garrett, of first degree premeditated murder in the shooting death of Dyishun Foust, 1 and the trial court imposed a sentence of life imprisonment with the possibility of parole. In this appeal, the defendant challenges the sufficiency of the convicting evidence. Discerning no error, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Wendell Wayne Sweeton
The appellant, Wendell Wayne Sweeton, was convicted by a jury of driving under the influence (DUI), third offense. The trial court imposed a sentence of eleven months and twenty-nine days, with 150 days to be served in confinement and the remainder to be served on probation. On appeal, the appellant challenges the trial court’s rulings regarding purported discovery and Brady violations, the denial of appellant’s suppression motion, and the admissibility of the appellant’s prior DUI convictions. Upon review, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Douglas Marshall Mathis v. State of Tennessee
The Petitioner, Douglass Marshall Mathis, filed in the Davidson County Criminal Court a petition for a writ of habeas corpus, seeking relief from his conviction for first degree murder and accompanying life sentence. The habeas corpus court dismissed the petition, finding that the Petitioner’s conviction and sentence were not void. Upon review, we affirm the judgment of the habeas corpus court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jason Michael Fint
A Bradley County Criminal Court jury convicted the defendant, Jason Michael Fint, of one count of theft of property valued at $1,000 or more but less than $10,000. Finding that the defendant qualified as a career offender, the trial court imposed the maximum Class D felony sentence of 12 years’ incarceration. In this appeal, the defendant challenges the sufficiency of the convicting evidence and contends that the sentence is excessive. Discerning no error, we affirm the judgment of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Michael Clark
The defendant, Michael Clark, was convicted of attempted second degree murder, a Class B felony. He was sentenced to twenty years in the Tennessee Department of Correction as a multiple offender. On appeal, he argues that the evidence was insufficient to support his conviction and that the trial court erred in allowing evidence to be presented concerning his prior conviction for aggravated assault. After careful review, we affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals |
