Timothy Ray Gentry v. State of Tennessee
The Petitioner, Timothy Ray Gentry, pled guilty to multiple theft, forgery, and drug offenses and received a total effective sentence of eighteen years, eleven months, and twenty-nine days. The Petitioner filed a petition for post-conviction relief, alleging that his counsel was ineffective and that his guilty pleas were not knowingly and voluntarily made. The Petitioner acknowledged that his petition was untimely but asserted that due process required the statute of limitations be tolled. The post-conviction court dismissed the petition without a hearing, and the Petitioner now appeals. We reverse the ruling of the post-conviction court and remand for a hearing to determine whether due process requires tolling of the statute of limitations. |
Sullivan | Court of Criminal Appeals | |
Luis D. Vidales Romero v. Joe Easterling, Warden
The pro se petitioner, Luis D. Vidales Romero, appeals the summary dismissal of his petition for writ of habeas corpus. Following our review, we affirm the habeas court's dismissal of the petition. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Brandon Williamson
The defendant, Brandon Williamson, appeals the revocation of his community corrections sentence, claiming that the trial court erred by ordering him to serve his original sentence in the Tennessee Department of Correction. Following our review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Tamabe Trinise Leke
The Defendant-Appellant, Tamabe Trinise Leke, was convicted by a Madison County jury of disorderly conduct, a Class C misdemeanor, and resisting arrest, a Class B misdemeanor. She was sentenced to thirty days for disorderly conduct and to six months for resisting arrest. The trial court ordered these sentences to be served concurrently. On appeal, Leke challenges the sufficiency of the evidence for both convictions. Upon review, we affirm the judgments of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Angela Milhorn
The defendant, Angela Milhorn, appeals the denial of her request for judicial diversion, arguing that the trial court abused its discretion by placing undue emphasis on the circumstances of her offense while ignoring positive factors in favor of diversion. Following our review, we affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Julius W. Weaver
Appellant, Julius W. Weaver, was indicted by a Rhea County Grand Jury on three counts of aggravated sexual battery. On count one of the indictment, he was convicted of the lesser included offense of Class B misdemeanor assault. The jury found him not guilty on counts two and three. The trial court sentenced Appellant to six months incarceration. He now appeals the length and manner of service of his sentence. We affirm. |
Rhea | Court of Criminal Appeals | |
Teresa Rita Day v. State of Tennessee
The pro se petitioner, Teresa Rita Day, appeals the post-conviction court's summary dismissal of her petition for post-conviction relief. Because the petition was untimely and the petitioner has not shown any reason that the statute of limitations should be tolled, we affirm the post-conviction court's summary dismissal of the petition as time-barred. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terry O'Neil Greene
The Defendant, Terry O'Neil Greene, was convicted by a jury of driving under the influence of an intoxicant, second offense. In this appeal as of right, the defendant contends that the trial court erred in admitting the results of his breath-alcohol test. Following our review, we affirm the judgment of the trial court. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Patrick Wayne Tripp
A Lincoln County jury convicted the Defendant, Patrick Wayne Tripp, of rape of a child, a Class A felony; aggravated child abuse, a Class A felony; aggravated child neglect, a Class A felony; sexual exploitation of a minor, a Class D felony; and attempted incest, a Class D felony. The trial court imposed a total effective sentence of forty-two years in the Tennessee Department of Correction. In this appeal as of right, the Defendant raises four issues: (a) whether the trial court erred when it denied his motion for a judgment of acquittal; (b) whether the evidence at trial was sufficient to support his convictions; (c) whether the trial court committed plain error when it instructed the jury on the offense of rape of a child; and (d) whether the trial court erred when it sentenced the Defendant. After a thorough review of the record and relevant authorities, we conclude the evidence supports the Defendant's convictions, the trial court properly instructed the jury, and the trial court properly sentenced the Defendant. Therefore, we affirm the trial court's judgments. |
Lincoln | Court of Criminal Appeals | |
Eldridge Hill v. State of Tennessee
The Petitioner, Eldridge Hill, appeals from the Shelby County Criminal Court's denial of post-conviction relief from his conviction for especially aggravated robbery. In his appeal, he claims that trial counsel was ineffective in failing to make a motion for judgment of acquittal regarding the especially aggravated robbery charge and that appellate counsel was ineffective in failing to challenge the sufficiency of the conviction on appeal based on his claim that the victim's shooting did not occur prior to or contemporaneously with the robbery. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Michael Wayne Maples v. State of Tennessee - Concurring
I concur in the results, but I respectfully disagree with the conclusion that trial |
Blount | Court of Criminal Appeals | |
Michael Wayne Maples v. State of Tennessee
The petitioner, Michael Wayne Maples, appeals from the Blount County Circuit Court's denial of his petition for post-conviction relief attacking his convictions of two counts of especially aggravated kidnapping on the basis of the ineffective assistance of trial counsel. On appeal, he contends that trial counsel was ineffective in the investigation and presentation of evidence concerning his mental health. Discerning no error, we affirm the order of the post-conviction court. |
Blount | Court of Criminal Appeals | |
Roosevelt Morris v. State of Tennessee
Petitioner Roosevelt Morris was convicted of two counts of attempted murder, and received an effective sentence of fifty years in the Tennessee Department of Correction. This court affirmed the conviction on appeal but reduced his sentence to forty-seven years. Petitioner filed a petition for post-conviction relief, arguing that his counsel was deficient for (1) failing to object to the State's questions and closing arguments concerning petitioner's post-arrest silence; (2) failing to object to other prosecutorial misconduct during the closing argument; and (3) failing to have the magazine and the unfired bullet in the firearm used in the crime examined for fingerprint evidence. Petitioner also contends that his sentence violated Blakely v. Washington, 542 U.S. 296 (2004), and its progeny. We affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jon Michael Anseman
The defendant, Jon Michael Anseman, appeals the Blount Court Circuit Court's order revoking his probation, and the State has moved this court to summarily affirm the circuit court's order pursuant to Rule 20 of the rules of this court. The motion is well taken, and the order of the circuit court is affirmed. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Latoya T. Waller
The Appellant, Latoya T. Waller, was charged in a two-count indictment with possession with intent to sell or deliver .5 grams or more of a substance containing cocaine, a Class B felony, and simple possession of marijuana, a Class A misdemeanor. See Tenn. Code Ann.__ 39-17-417(c)(1), -418(c). Pursuant to a plea agreement, she pleaded guilty to simple possession of marijuana, and the State dismissed the felony cocaine charge. She subsequently filed a Motion for Expungement and requested that the trial court expunge the felony cocaine charge from her record. The trial court denied her motion. In this appeal by writ of certiorari, the appellant contends that the trial court erred by denying her Motion for Expungement of count one of the indictment. After reviewing the record, we reverse the denial of the appellant's motion and remand to the trial court for entry of an order requiring expungement of all records relating to the felony cocaine charge, count one of the indictment. |
Davidson | Court of Criminal Appeals | |
Clifton Harrison v. State of Tennessee
The Petitioner, Clifton Harrison, appeals the dismissal of his pro se petition for post-conviction relief by the Criminal Court for Sullivan County. He pled guilty and was convicted of seven offenses of selling cocaine, and he received an effective sentence of twenty years in the Department of Correction. In this appeal, the petitioner contends that the trial court erred in dismissing his petition without allowing the petitioner an opportunity to amend the petition with the assistance of counsel. We hold that the trial court should have appointed counsel under the circumstances in this case, and we reverse the judgment of the trial court and remand the case for further proceedings. |
Sullivan | Court of Criminal Appeals | |
David Lynn Harrison v. State of Tennessee
The Petitioner, David Lynn Harrison, appeals as of right from the Knox County Criminal Court's denial of his petition for post-conviction relief challenging his guilty plea convictions for attempted first degree murder, aggravated burglary, and reckless endangerment for which he received an effective sentence of 16 years. The petitioner challenged the voluntariness of his guilty pleas and the performance of counsel. Following an evidentiary hearing, the post-conviction court denied relief. We remand the petitioner's case because the trial court failed to enter findings of fact as to the petitioner's contention that he did not voluntarily plead guilty. The trial court is instructed to issue findings of fact and conclusions of law on that issue. We affirm the judgment of the trial court in all other respects. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Tony Ray Anderson
The Defendant, Tony Ray Anderson, pleaded guilty to two counts of attempted rape, a Class C felony. See Tenn. Code Ann. _ 39-12-107(a), -13-503(b). Pursuant to a plea agreement, he was sentenced as a Range I, standard offender to ten years in the Department of Correction for each count, with the two sentences running concurrently. Almost three years after he pleaded guilty, the defendant petitioned the trial court and requested to serve the remainder of his sentence on probation. The trial court denied the defendant's motion. After reviewing the record, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Tony A. Phipps v. State of Tennessee
The Petitioner, Tony A. Phipps, appeals from the denial of his petition for post-conviction relief. The petitioner claims (1) that he was denied the effective assistance of counsel at trial because his trial counsel failed to present exculpatory evidence and explore certain theories of defense; (2) that misconduct by the prosecutor denied him the right to a fair trial; and (3) that he is entitled to a new trial based upon newly discovered evidence. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Richard Rehagen v. State of Tennessee
Petitioner Richard Rehagen filed a pro se habeas corpus petition challenging the validity of his guilty pleas to one count of first degree murder, one count of attempted first degree murder, and one count of aggravated arson. He now appeals the habeas court's decision to summarily dismiss the petition for failing to state a cognizable claim. Upon review, we affirm. |
Hardeman | Court of Criminal Appeals | |
Trevor Ford v. State of Tennessee
The Petitioner, Trevor Ford, appeals as of right from the Shelby County Criminal Court's denial of his petition for post-conviction relief. In 2007, the petitioner was convicted by a jury of second degree murder and sentenced to twenty-two years. On appeal, he argues that the denial of his petition was error because he did not receive the effective assistance of counsel at trial. Specifically, he contends that counsel failed to introduce evidence of specific violent acts by the victim, failed to secure testimony establishing the victim's reputation for violence, and failed to pursue funding for a forensic pathologist. Additionally, he argues that the refusal to grant funds for an expert at the post-conviction level denies him fundamental due process and amounts to cruel and unusual punishment. Following our review of the record and the parties' briefs, we conclude that the petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bobby Dale Parris
This Court's opinion, filed on September 23, 2010, is hereby withdrawn and substituted with the corrected opinion and judgment being filed contemporaneously with this order. SO ORDERED. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Bobby Dale Parris
In 2006, the defendant, Bobby Dale Parris, pled guilty to the second degree murder of his wife, who died on September 16, 2004. The trial court sentenced him, under the 2005 amendments to the 1989 Sentencing Act, as a violent offender to twenty years at 100% in the Tennessee Department of Correction. On direct appeal, this court vacated the defendant's sentence and remanded for resentencing under the 1989 Sentencing Act after concluding that the trial court erred in sentencing the defendant under the 2005 amendments because the defendant had not waived his ex post facto rights. Upon remand, the trial court again sentenced him to twenty years, opining that the defendant's sentence was the same under either the pre-2005 or post-2005 sentencing statutes. The defendant appeals his sentence, arguing that the trial court did not consider mitigating factors as required by Tennessee Code Annotated section 40-35-210. Following our review of the parties' briefs, the record on appeal, and the applicable law, we vacate the trial court's sentencing order and remand for a new sentencing hearing in accordance with the 2005 Sentencing Act. |
Bradley | Court of Criminal Appeals | |
Ronald A. Henry v. State of Tennessee
Petitioner, Ronald A. Henry, filed a post-conviction petition asking the court to set aside his convictions for burglary, theft, vandalism, and possession of burglary tools or to grant a delayed appeal. Petitioner claims that his trial counsel was constitutionally ineffective because counsel failed to adequately defend against video evidence that depicts petitioner committing the crime; failed to preserve his right to appeal; and failed to file an Anders brief. After a hearing, the post-conviction court denied relief. Upon review, we affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
Clarence David Schreane v. State of Tennessee
The Petitioner, Clarence David Schreane, appeals the Hamilton County Criminal Court's denial of post-conviction relief from his convictions for first degree felony murder and especially aggravated robbery. On appeal, he contends that trial counsel rendered ineffective assistance by (1) not seeking dismissal of the petitioner's indictment on due process grounds, (2) not seeking dismissal of the petitioner's indictment under the Interstate Compact on Detainers, and (3) not seeking suppression of the petitioner's statement to police on the basis that he was denied the right to counsel. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals |
