State of Tennessee v. Milton Lebron Byrd
The defendant, Milton Lebron Byrd, was convicted of attempted first degree premeditated murder, a Class A felony, and aggravated assault, a Class C felony. The trial court merged the offenses and sentenced the defendant to life without the possibility of parole as a repeat violent offender. On appeal, he contends that the evidence is not sufficient to support his conviction and that the repeat violent offenders statute is unconstitutional in violation of the prohibition against cruel and unusual punishment and of his due process and equal protection rights. We affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Marlow Williams
Appellant, Marlow Williams, was indicted in June of 2003 with six counts of aggravated robbery. In September of 2004, Appellant invoked the provisions of the Interstate Compact on Detainers to dispose of his charges in Tennessee. The Assistant Attorney General and Shelby County Criminal Court received the Request for Disposition of Indictment on October 4, 2004. Appellant was transported to Tennessee. A jury trial was held in September of 2005, where Appellant was found guilty of two counts of aggravated robbery. The trial court sentenced Appellant to concurrent ten year sentences, but merged Count 2 for a single sentence under Count 1. On appeal, Appellant argues that: (1) the trial court improperly denied his motion to dismiss the indictment because his trial was held after the expiration of the 180 days provided for in the Interstate Compact on Detainers; (2) the trial court improperly admitted expert testimony on fingerprints; (3) the evidence was insufficient to support the convictions; and (4) the trial court improperly sentenced him. We determine that the trial was not held in violation of the Interstate Compact on Detainers and that the trial court properly admitted expert testimony on fingerprints. Furthermore, despite the improper application of enhancement factor (3), the offense involved more than one victim, we determine that the trial court properly sentenced Appellant. As a result, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Melvin Cofer v. State of Tennessee
The petitioner, Melvin Cofer, was convicted of aggravated vehicular homicide and vehicular assault. As a result, the petitioner received concurrent sentences of twenty-one years and three years. The petitioner’s convictions and sentences were affirmed on direct appeal. See State v. Melvin Cofer, No. W2002-01984-CCA-R3-CD, 2003 WL 21729450, at *1 (Tenn. Crim. App., at Jackson, Jul. 25, 2003), perm. app. denied, (Tenn. Nov. 24, 2003). Subsequently, the supreme court denied permission to appeal. The petitioner filed a pro se petition for post-conviction relief alleging, on numerous grounds, ineffective assistance of counsel. Counsel was appointed and several amended petitions were filed. The petition was denied by the post-conviction court after a hearing. This appeal followed. Because the post-conviction court properly denied the petition, we affirm the judgment of the post-conviction court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. James Wesley Daniels
James Wesley Daniels, the defendant, appeals his convictions for premeditated first degree murder and attempted second degree murder. The defendant asserts as grounds for appeal that: the evidence was insufficient to support the convictions; the trial judge erred in refusing to recuse himself; and the trial court erred in failing to take remedial action after the defendant was observed in restraints by some jury members. We have concluded that no reversible error is present, and we affirm the convictions. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. John Dupree
The defendant, John Dupree, appeals the trial court’s judgment denying any form of alternative sentence. The defendant argues that the trial court erred in failing to allow him to call witnesses during the sentencing hearing and in denying an alternative sentence. After careful review, we conclude that no reversible error occurred during the sentencing hearing and that the denial of alternative sentencing was proper. We affirm the judgment from the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonio D. Waters
The defendant, after denial of his motion to suppress evidence, entered a plea of guilty to possession with intent to sell more than one-half gram of cocaine, a Class B felony. The negotiated sentence was eight years as a standard offender. The defendant appeals pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(I). After review, we conclude that denial of the motion to suppress was error. Accordingly, we reverse the conviction and dismiss the charges. |
Sumner | Court of Criminal Appeals | |
Terrance Carter v. State of Tennessee
The petitioner, Terrance N. Carter, pro se, filed a petition for habeas corpus relief in Davidson County which was summarily dismissed. He appealed pro se and was appointed counsel by this court. His pro se filing challenges whether the trial court erred in dismissing his petition without an evidentiary hearing. His appointed counsel requests that his habeas corpus petition be treated as one for post-conviction relief and that this court order the Davidson County Court to transfer the matter to the Maury County Criminal Court to proceed as if the petition was for post-conviction relief. We conclude that, without express authority, we should not order a transfer in this case, and the summary dismissal is affirmed. |
Davidson | Court of Criminal Appeals | |
Macario Chism v. Tony Parker, Warden
The petitioner, Macario Chism, appeals the Lauderdale County Circuit Court’s dismissal of his 2007 petition for a writ of habeas corpus. In the petition, the petitioner challenged the validity of his |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. David Milken
The defendant, David Milken, was convicted of first degree felony murder and especially aggravated robbery, a Class A felony. He received concurrent sentences of life and twenty years. On appeal, he contends that the evidence was insufficient to support his convictions and that the trial court erred in admitting certain photographs into evidence. We conclude that no error exists, and we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Ronald Dennis Crafton v. Tony Parker, Warden
The petitioner, Ronald Dennis Crafton, appeals the summary dismissal of his petition for habeas corpus relief. He contends that his judgments for rape are void because the evidence was insufficient to support his convictions and because he was sentenced in absentia. Because the petitioner has failed to assert a cognizable claim for habeas corpus relief, the judgment of the habeas corpus court is affirmed |
Lauderdale | Court of Criminal Appeals | |
Marcillo C. Anderson v. State of Tennessee
The petitioner, Marcillo C. Anderson,1 appeals the denial of his petition for post-conviction relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Charles Stan Martin
The defendant, Charles Stan Martin, was convicted by a Sevier County jury of one count of reckless homicide, a Class D felony, and received a four-year sentence to be served on probation. On appeal, the defendant contends that: (1) the evidence was not sufficient to support his conviction, (2) the reckless homicide statute is unconstitutional as applied to him, (3) the trial court erred in admitting evidence of a prior incident, (4) the trial court erred in failing to instruct the jury on an alibi defense, and (5) the trial court abused its discretion in denying him judicial diversion. We affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Michael Lindsey v. State of Tennessee
The petitioner, Michael Lindsey, appeals the denial of his petition for writ of error coram nobis and the denial of his petition for post-conviction relief. Because the petitioner has failed to allege appropriate grounds for coram nobis relief and because his petition for post-conviction relief is procedurally barred, the judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Lorenzo "Buster" Woods
The defendant, Lorenzo “Buster” Woods, pled guilty to one count of assault, a Class A misdemeanor, and received a sentence of eleven months and twenty-nine days suspended upon the service of six months in the local jail. On appeal, he argues that the trial court erred in denying him full probation. Following our review, we affirm the judgment of the trial court, but we remand the case for entry of a corrected judgment reflecting misdemeanor community corrections supervision for five months and twenty-nine days. |
Madison | Court of Criminal Appeals | |
Sidney Porterfield v. Rickey J. Bell, Warden, State of Tennessee
The petitioner, Sidney Porterfield, pro se, seeks habeas corpus relief from his 1986 Shelby County first degree murder conviction and death sentence, alleging his indictment was void because it was returned by a grand jury from which women had been systematically excluded as grand jury forepersons. He now appeals from the Davidson County dismissal of his petition. The State contends that this court is without jurisdiction to hear this appeal because the petitioner filed an untimely notice of appeal and offered no explanation and, further, that the petition does not meet all the criteria set forth in Tennessee Code Annotated section 29-21-107. Furthermore, the State contends that a void indictment does not deprive a trial court of jurisdiction, that the petitioner’s claim is not cognizable for habeas corpus relief because proof beyond the face of the judgment and record is required, and that our Supreme Court has rejected an identical claim regarding discrimination in the selection of a grand jury foreperson in State v. Bondurant, 4 S.W.3d 662 (Tenn. 1999). After careful review, we conclude that the notice of appeal is not jurisdictional and may be waived in the interest of justice. However, without explanation or request being filed, the interest of justice weighs against waiver; therefore, we dismiss this appeal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Terrance Patterson
The Shelby County Grand Jury indicted Appellant for aggravated arson and vandalism over $10,000.00, but below $60,000.00. At the conclusion of a jury trial, Appellant was convicted as charged. The trial court sentenced Appellant to twenty-five years as a Range I Standard Offender for the aggravated arson conviction and eight years as a Range II Multiple Offender for the vandalism conviction. The trial court also ordered these sentences to be served consecutively. Appellant now appeals these judgments arguing that: (1) there was insufficient evidence to support his convictions; (2) evidence of impeachment by prior conviction was improperly admitted; (3) the trial court improperly allowed the amendment of the indictment; and that (4) the trial court erred in enhancing the sentence and in imposing consecutive sentences. We have thoroughly reviewed the record and affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jerome Mayo
This is an appeal as of right from a conviction on a jury verdict of aggravated robbery, and an appeal by the State from the sentencing decision. The Defendant originally received an enhanced sentence of eighteen years as a Range II, multiple offender, but his sentence was subsequently reduced to fifteen years by the trial court based upon Blakely v. Washington, 124 S.Ct. 2531 (2004). On appeal, the Defendant argues there is insufficient evidence to support his conviction for aggravated robbery. The State appeals the modified sentence, arguing the trial court erred in reducing the Defendant's sentence. We affirm the judgment of the trial court as to the conviction, but remand for re-sentencing in accordance with this opinion. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Jerome Mayo
We first decided this appeal in 2005. Our decision was vacated by the United States Supreme Court and the case was remanded to us for reconsideration in light of Cunningham v. California, 549 U.S. --, 127 S. Ct. 856 (2007). We requested and received supplemental briefing from the parties addressing any Cunningham issues. When this case was previously before this Court, the Defendant challenged the sufficiency of the evidence to sustain his aggravated robbery conviction. The Defendant received an enhanced sentence of eighteen years as a Range II, multiple offender for this conviction, but the trial court subsequently reduced his sentence to fifteen years based upon Blakely v. Washington, 542 U.S. 296 (2004). Originally, the State appealed the modified sentence, arguing that the trial court erred in reducing the Defendant’s sentence, and we agreed. Upon further consideration of the matter, we conclude, and the State now concedes, that sentencing was proper and affirm the judgment in its entirety. We reissue our previous opinion as follows with a new section dealing with the Cunningham issues. |
Montgomery | Court of Criminal Appeals | |
Derry Lavelle Lovins v. State of Tennessee
Following a jury trial, Petitioner was convicted of second degree murder and sentenced to twentythree years in the Department of Correction. On direct appeal, this Court affirmed his conviction. State v. Derry Lavelle Lovins, No. W2003-00309-CCA-R3-CD, 2004 WL 224482, at *1 -7 (Tenn. Crim. App., at Jackson, Feb. 4, 2004), perm. app. denied (Tenn. Mar. 5, 2007). Petitioner then filed a pro se petition for post-conviction relief. Petitioner was appointed counsel and an evidentiary hearing was held. The trial court subsequently denied the petition and a timely notice of appeal was filed. After a review of the record, this Court determined that Petitioner was entitled to a delayed appeal to our supreme court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. The remaining post-conviction proceedings were stayed pending the delayed appeal. On March 5, 2007, the supreme court denied Petitioner’s delayed appeal. We now address Petitioner’s remaining claims for post-conviction relief. Petitioner argues that he is entitled to post-conviction relief because (1) he received ineffective assistance of counsel, (2) his constitutional rights were violated by the State’s failure to disclose physical evidence during discovery, (3) he was prejudiced by the trial judge’s facial expressions, and (4) the jury reached a compromised verdict. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Dyer | Court of Criminal Appeals | |
State of Tennessee v. Demario Tabb
A Shelby County jury found the Appellant, Demario Tabb, guilty of the first degree felony murder of Floricelda Reynoso Ambrocio; the first degree felony murder of the unnamed, viable fetus of Floricelda Ambrocio; and the attempted aggravated robbery of Rodrigo Ramirez. At the penalty phase of the trial, the jury fixed Tabb’s punishment at life without the possibility of parole for each murder conviction. Following a separate sentencing hearing, the trial court sentenced Tabb to five years imprisonment for his Class C felony conviction for attempted aggravated robbery and ordered that all sentences be served concurrently. On appeal, Tabb presents the following issues for ourreview: (1) whether his statement to police should have been suppressed because it was obtained inviolation of his constitutional right to counsel; (2) whether the statement was properly admitted asrebuttal proof; and (3) “whether [the trial] court erred in its use of curative instructions to [the] jury.”Following review, we find no error and affirm the judgments of conviction. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Billy John Kimmes
The defendant was convicted by a Madison County jury of theft of property valued at $10,000 or more, a Class C felony, and sentenced to five years in prison as a Range I, standard offender. On appeal, the defendant contends that the evidence produced at trial was insufficient to support the jury’s guilty verdict, and he also contends that his sentence was excessive, both in the length of the sentence and the trial court’s failure to impose an alternative sentence. After reviewing the record, we conclude that the evidence produced at trial was sufficient to support the defendant’s conviction, and that the sentence imposed by the trial court was appropriate. Accordingly, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Kevin Rudd
The appellant, Kevin Rudd, was indicted for the first degree murder of his wife. After a jury trial, the appellant was found guilty of first degree murder and sentenced to life in prison. On appeal, the appellant argues: (1) the trial court improperly admitted propensity evidence in violation of Tennessee Rule of Evidence 404(b); (2) the trial court improperly denied a mistrial; and (3) the trial court improperly denied a motion in limine to exclude testimony that indicated the appellant engaged in shooting at other people. Because we determine that the trial court improperly admitted evidence in violation of Tennessee Rule of Evidence 404(b), we reverse the judgment of the trial court and remand for a new trial. The remaining issues are without merit. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Sandra Evans
The defendant, Sandra Evans, was convicted of first degree felony murder in the perpetration of theft and voluntary manslaughter (a Class C felony). The conviction for voluntary manslaughter was merged with the felony murder conviction, and the defendant was sentenced to life imprisonment. On appeal, the defendant challenges the admissibility of hearsay testimony under the exceptions for excited utterances, and medical diagnosis and treatment. The defendant also contends that certain testimony violated her right to confrontation and that the evidence, as a whole, was insufficient to support the convictions. Upon review, we reverse the conviction and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Milica Wilson
Appellant, Milica Wilson, was indicted for one count of attempted especially aggravated robbery. After a jury trial, Appellant was found guilty of facilitation of attempted especially aggravated robbery. He was found not guilty of felony murder and first degree murder. As a result, Appellant was sentenced on August 13, 2003, to serve eight years as a Range II, multiple offender in the Department of Correction. Appellant filed an untimely motion for new trial on September 25, 2003. Subsequently, Appellant filed two amended motions for new trial. The trial court conducted a hearing on the motions on February 27, 2006, at the conclusion of which the trial court denied the motion for new trial. Appellant filed an untimely notice of appeal. On appeal, Appellant contends: (1) the evidence was insufficient to support the conviction; (2) the trial court erred in admitting the testimony of co-defendant Frank Dowdy as there was no corroboration of the testimony; and (3) the trial court erred in giving a jury instruction on flight. Because Appellant filed an untimely motion for new trial, which resulted in the filing of an untimely notice of appeal, we must dismiss Appellant’s appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Joe Murphy
The defendant, William Joe Murphy, was convicted by a McNairy County Jury of aggravated assault, a Class C felony. Subsequently, he was sentenced to five years in confinement as a Range I offender. On appeal, the defendant presents two issues for review: (1) whether the evidence was sufficient to sustain his conviction; and (2) whether the trial court improperly enhanced his sentence. Upon review of the full record and the applicable law, we affirm the judgment of the trial court. |
McNairy | Court of Criminal Appeals |
