State of Tennessee v. Karen Koons
The Defendant-Appellant, Karen Koons, was convicted by a Lawrence County jury of driving under the influence, second offense, a Class A misdemeanor. She received a sentence of eleven months and twenty-nine days probation, following service of forty-five days in jail. On appeal, Koons challenges the sufficiency of the evidence. We affirm the judgment of the trial court. |
Lawrence | Court of Criminal Appeals | |
State of Tennessee v. Linda M. Moran
Appellant Linda M. Moran pled guilty to a 207-count indictment after it was revealed that she had stolen approximately $73,000 from her employer over the course of nearly a decade. At sentencing, Appellant argued that she should be given some form of alternative sentencing. The trial court disagreed and imposed an effective sentence of nine years in custody. Appellant contends the trial court erred in denying alternative sentencing. We affirm. |
Lincoln | Court of Criminal Appeals | |
Joseph Dejuan Webster v. State of Tennessee
Petitioner, Joseph Dejuan Webster, was convicted by a Davidson County jury of first degree murder. State v. Joseph Dejuan Webster, No. M2007-00050-CCA-R3-CD, 2008 WL 2229208, at *1 (Tenn. Crim. App., at Nashville, May 29, 2008), perm. app. denied, (Tenn. Dec. 8, 2008). He received a life sentence for the conviction which was ordered to be served consecutively to a prior sentence. Id. Subsequently, Petitioner filed a petition for postconviction relief. Petitioner filed an amended petition, and the post-conviction court held a hearing. After the hearing, the post-conviction court denied relief. We have reviewed the record and conclude that Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tenithia Malena
The Defendant-Appellant, Tenithia Malena, was convicted by a Hardeman County Circuit Court jury of one count of burglary, a Class D felony, and one count of theft of property valued at $10,000 or more but less than $60,000, a Class C felony. The trial court approved the sentence recommendation by the State and sentenced Malena as a Range I, standard offender to three years of supervised probation for the burglary conviction. The court also ordered her to pay $20,000 in restitution by April 4, 2008 and ordered her to pay the restitution balance of $34,662.44 in monthly payments of $350.00 starting May 1, 2008. In addition, the trial court sentenced her, pursuant to the State's recommendation, as a Range I, standard offender to six years of supervised probation for the theft conviction, which was to be served consecutively to the burglary conviction, for an effective nine-year probationary sentence. In this appeal, Malena challenges (1) the sufficiency of the evidence, (2) the admission of her financial records as evidence related to the theft charge, and (3) the trial court's denial of her motion for new trial on the ground that extraneous prejudicial information was considered by the jury. Upon review, we affirm the judgments of the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Thomas Joseph Cordle
The defendant, Thomas Joseph Cordle, appeals from the revocation of his probation, claiming that the trial court erred by ordering that he serve his sentences in confinement. Discerning no error, we affirm. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Karen Marable
The Defendant-Appellant, Karen Marable, was convicted by a jury in the Criminal Court of Shelby County of aggravated robbery, a Class B felony. She was sentenced as a standard offender to nine years in the Tennessee Department of Correction. On appeal, Marable claims: (1) the insufficiency of the evidence; (2) the trial court erred in responding to a jury question; and (3) her sentence was excessive. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Terry Lynn Raney v. State of Tennessee
The petitioner, Terry Lynn Raney, appeals from the denial of his petition for post-conviction relief wherein he challenged his guilty-pleaded convictions of possession with intent to sell or deliver 26 grams or more of cocaine, keeping or maintaining a dwelling place where controlled substances are used or sold, possession of drug paraphernalia, and possession of marijuana on grounds that he was denied the effective assistance of counsel. Discerning no error, we affirm the judgment of the post-conviction court. Because there is a clerical error in the judgment form for the petitioner's conviction of possession of cocaine, the case is remanded to the Criminal Court for Sullivan County for the entry of a corrected judgment form. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Paul Williams
The Defendant, Paul Williams, appeals from judgments entered on a jury verdict finding him guilty of driving on a suspended license, violation of the passenger vehicle safety belt law, and violation of the motor vehicle registration law. In this appeal, the Defendant argues that the trial court was without jurisdiction to convict him, that his convictions violate his constitutional right to travel, and that the evidence presented was insufficient to support his convictions. We affirm the judgments of the trial court. |
Carroll | Court of Criminal Appeals | |
Michael Davis v. State of Tennessee
The petitioner, Michael Davis, appeals the denial of his petition for post-conviction relief from his especially aggravated robbery conviction, arguing that the post-conviction court erred in finding that he received effective assistance of counsel. Because we conclude that trial counsel was deficient for failing to request a jury instruction on facilitation as a lesser- included offense of especially aggravated robbery, and that there is a reasonable probability that the outcome of the petitioner's trial would have been different had counsel done so, we reverse the judgment of the post-conviction court and remand for the granting of post-conviction relief. |
Shelby | Court of Criminal Appeals | |
Garner Dwight Padgett v. State of Tennessee
The Petitioner, Garner Dwight Padgett, appeals the Putnam County Criminal Court's denial of post-conviction relief from his conviction for first degree murder. The Petitioner contends (1) that the trial court violated the Petitioner's federal and state constitutional rights at the trial by asking members of the venire whether they could be fair to both sides, thus lowering the State's burden of proof, and (2) that he received the ineffective assistance of counsel at the trial for failing to object to the trial court's asking whether the members could be fair. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Wesley Earl Brown v. State of Tennessee
A Davidson County jury convicted the Petitioner, Wesley Earl Brown, of two counts of rape of a child and three counts of aggravated sexual battery. The trial court sentenced the Petitioner to twenty-five years for each rape conviction, to be served consecutively, and ten years for each sexual battery conviction, to be served concurrently but consecutively to the rape convictions, for a total effective sentence of sixty years. The Petitioner filed a petition for post-conviction relief claiming: (1) he received the ineffective assistance of counsel; (2) the trial court improperly instructed the jury; and (3) the trial court's sentence violated the Petitioner's constitutional right to a jury. The post-conviction court denied relief after a hearing, and the Petitioner now appeals. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jeff D. Arp
Appellant Jeff D. Arp pled guilty to two counts of incest stemming from two separate incidents involving his mentally disabled teenage daughter. One incident took place before the effective date of the 2005 amendments to the Sentencing Reform Act of 1989, and one incident took place after the effective date. Appellant chose to be sentenced under the prior law for the first offense. The trial court imposed a sentence of five years for each conviction, to be served consecutively, and denied alternative sentencing. Appellant claims that the trial court erred in its application of the enhancement factors and in denying alternative sentencing. We affirm. |
Court of Criminal Appeals | ||
State of Tennessee v. Robert Thomas Reed
The Defendant, Robert Thomas Reed, was convicted of driving under the influence (DUI) (first offense), a Class A misdemeanor, and driving after having been declared a motor vehicle habitual offender (MVHO), a Class E felony. Following a sentencing hearing, the Defendant was sentenced as a Range I offender to two years with service of six months in the county jail and the balance to be served on probation for the MVHO conviction and a concurrent sentence of eleven months, twenty-nine days suspended to six months for the DUI conviction. On appeal, the Defendant challenges the sufficiency of the evidence that formed the basis of both convictions. Following our review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Alfred Turner - Dissenting
In large part, I agree with the majority in this case. However, I must respectfully dissent from my colleagues’ conclusion reversing the judgment of the trial court based on its failure to exclude Tate’s and Blades’ testimony regarding their acquittals. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Alfred Turner
The defendant, Alfred Turner, was found guilty by a jury of the lesser included offenses of facilitation of felony murder, a Class A felony, and facilitation of second degree murder. After merging the convictions, the trial court sentenced the defendant to twenty-five years of incarceration as a Range I, standard offender. On appeal, he argues that: insufficient evidence exists to support his conviction; a proper chain of custody for the introduction of DNA evidence was not established; the trial court erred in allowing into evidence that two other individuals had been acquitted of this murder; and the trial court erred in both jury instructions and sentencing. After careful review, we conclude that even though sufficient evidence existed to support the defendant's convictions, the defendant's sentence ran afoul of Blakely and the prior acquittals of two other individuals deprived the defendant of a fair trial. Therefore, the error requires a remand for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Elizabeth Gay Tindell
Appellant Elizabeth Gay Tindell was arrested for driving under the influence (DUI) when, after a night out with friends, she stopped on the side of the road to call for a ride home. A sheriff's deputy saw her pull over and, concerned that she might be in distress, approached her car. During his stop, the deputy concluded Appellant was intoxicated, and a subsequent breathalyzer test revealed her blood alcohol content was .20 percent. A Hamilton County Grand Jury indicted her for DUI and DUI per se, and she was convicted after a bench trial. She appeals, contending that the trial court erred in: (1) denying her motion to suppress evidence from the deputy's stop; (2) admitting evidence of the breathalyzer test results; (3) denying, in an issue of first impression, her motion to compel discovery of the source code for the breathalyzer device used to test her blood alcohol content; (4) finding sufficient evidence to convict her of DUI per se; and (5) finding sufficient evidence to justify the court's conclusion that Appellant was subject to the enhanced seven-day incarceration minimum. We affirm. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. John Edward Winn, Jr.
The Defendant, John Edward Winn, Jr., was placed on probation for eight years after pleading guilty to aggravated burglary and aggravated assault. Following a revocation hearing, the trial court revoked the Defendant's probation and ordered him to serve the remainder of his eight-year sentence in the Department of Correction. On appeal, the Defendant contests the trial court's evidentiary rulings during the revocation hearing and the sufficiency of the evidence supporting the revocation. Upon our review of the record and the parties' briefs, we reverse the judgment of the trial court and remand for a new hearing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Devon O'Neal Wiggins
The Defendant-Appellant, Devon O'Neal Wiggins, was convicted by a Dyer County jury of sale of cocaine over 0.5 grams, a Class B felony; possession of cocaine under 0.5 grams with intent to sell or deliver, a Class C felony; possession of marijuana under 0.5 ounce, a Class A misdemeanor; and evading arrest, a Class E felony. He was sentenced as a Range III, persistent offender, to thirty years for the sale of cocaine over 0.5 grams, fifteen years for the possession of cocaine under 0.5 grams, eleven months and twenty-nine days for the possession of marijuana, and six years for the evading arrest conviction. He was ordered to serve the above sentences concurrently to each other, but consecutively to another unrelated case. On appeal, Wiggins argues: (1) the evidence was insufficient to support his convictions for sale and possession of cocaine; (2) the testimony of a State's expert witness concerning an exemplar graph violated his right of confrontation; (3) the trial court erred by not charging the jury on the offense of sale of a counterfeit controlled substance; (4) Wiggins' prosecution for possession of marijuana was not commenced within the one-year statute of limitations; (5) the trial court improperly commented upon the evidence; (6) the State committed prosecutorial misconduct in its closing argument; (7) the sentence imposed by the trial court for sale of cocaine was excessive; and (8) cumulative error necessitates reversal of Wiggins' convictions. Following our review, we affirm the judgments of the trial court. |
Dyer | Court of Criminal Appeals | |
Ivan Moreno A/K/A Fernando Fileto A/K/A Roberto Lepe-Cervantes v. State of Tenessee
Petitioner, Ivan Moreno, a/k/a Fernando Fileto a/k/a/ Roberto Lepe-Cervantes, pled guilty to felony murder, aggravated rape, and especially aggravated robbery. Petitioner received an effective sentence of life in prison without the possibility of parole. Petitioner then filed a pro se petition for post-conviction relief claiming ineffective assistance of counsel and an involuntary guilty plea. After a hearing, the post-conviction court denied relief. Petitioner seeks a review of the post-conviction court's decision. Because Petitioner has failed to prove that his guilty plea was involuntary or that he received ineffective assistance of counsel, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Courtney Means v. State of Tennessee
Petitioner, Courtney Means, appeals the dismissal of his petition for post-conviction relief in which he alleged that his trial counsel rendered ineffective assistance of counsel. Specifically, Petitioner contends that (1) the search of his car and seizure of a gun was unconstitutional; (2) counsel failed to file a motion to suppress the victim's identification; (3) counsel failed to file a motion to suppress his statement to police; and (4) the introduction of a gun into evidence with a different serial number than the gun that was found in his vehicle violated his due process rights. After a thorough review of the record, we conclude that Petitioner has failed to show that his trial counsel rendered ineffective assistance of counsel, and we accordingly affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Craig E. Shears v. State of Tennessee
The Petitioner, Craig E. Shears, filed a petition for post-conviction relief attacking his conviction of first degree murder on the basis of ineffective assistance of trial counsel. Following an evidentiary hearing, the post-conviction court denied relief based upon its finding that the Petitioner had failed to prove his allegations by clear and convincing evidence. In this appeal as of right, the Petitioner contends that trial counsel was ineffective in failing to effectively argue a motion to suppress his statement and in preparing for trial. The Petitioner also contends that co-counsel was ineffective in failing to request a continuance when co-counsel was hired to assist trial counsel. Following our review, we affirm the judgment of the post-conviction court. |
Knox | Court of Criminal Appeals | |
Daniel Livingston v. Stephen Dotson, Warden
Petitioner, Daniel Livingston, appeals the trial court's denial of his petition for writ of habeas corpus. The State has filed a motion pursuant to Rule 20, Rules of the Court of Criminal Appeals of Tennessee, for this Court to affirm the judgment of the trial court by memorandum opinion. We grant the motion and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Jerry Orlando Weaver
An Anderson County jury convicted the defendant, Jerry Orlando Weaver, of two counts of facilitation of possession of less than one-half gram of cocaine for sale or delivery, Class D felonies. The trial court sentenced the defendant as a career offender to twelve years for each count, to be served consecutively in the Tennessee Department of Correction. On appeal, the defendant argues that the trial court erred in sentencing him as a career offender and in imposing consecutive sentences. Following our review of the record, the parties' briefs, and the applicable law, we conclude that the defendant failed to timely file his notice of appeal and that his claims do not warrant consideration in the "interest of justice." Therefore, we dismiss his appeal. |
Anderson | Court of Criminal Appeals | |
State of Tennessee v. Craig O. Majors
The Defendant, Craig O. Majors, was convicted by a Montgomery County jury of especially aggravated kidnapping, a Class A felony, attempted aggravated robbery, a Class C felony, and aggravated burglary, a Class C felony. The trial court sentenced the Defendant to concurrent sentences of twenty years as a Range I offender for the especially aggravated kidnapping conviction and to six years each as a Range II offender for the attempted aggravated robbery and aggravated burglary convictions, for a total effective sentence of twenty years. In this appeal as of right, the Defendant contends that (1) the State's exercise of peremptory challenges to excuse African-Americans from the jury pool resulted in a systematic exclusion of African-Americans from the jury, (2) his convictions for especially aggravated kidnapping and attempted aggravated robbery violate due process, (3) there is insufficient evidence of his identity as the perpetrator, and (4) the trial court imposed an excessive sentence. Following our review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Danny Lee Greene
The defendant, Danny Lee Greene, was convicted by a jury of second degree murder and sentenced to twenty-three years as a violent offender. On appeal, he contends that the trial court improperly denied him a jury instruction concerning voluntary intoxication. After careful review, we conclude no error exists and affirm the judgment from the trial court. |
Washington | Court of Criminal Appeals |
