State of Tennessee v. Lee Turner - Dissenting
Because I conclude that the trial court committed reversible error in giving its instructions to the jury, I am unable to join the majority’s affirmance of the appellant’s sentence and respectfully dissent. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Lee Turner
The State charged the appellant, Lee Turner, with misdemeanor assault, and a Marion County Circuit Court jury convicted him of that offense. After a sentencing hearing, the trial court sentenced the appellant to eleven months, twenty-nine days to be served at seventy-five percent. On appeal, the appellant contends (1) that the trial court erred by giving the jury an improper “dynamite” or Allen charge after the jury announced it was deadlocked; (2) that the trial court erred by refusing to admit the victim’s prior juvenile conviction into evidence for impeachment purposes; and (3) that the trial court relied on unsubstantiated facts in determining the appellant’s sentence. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Marion | Court of Criminal Appeals | |
Joseph Hough v. State of Tennessee
The petitioner, Joseph Hough, appeals the trial court's denying his petition for writ of habeas corpus. The State has filed a motion requesting that this court affirm the trial court's order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition presents no cognizable claim for habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
State of Tennessee v. Billy Alfred Mathes
The Defendant, Billy Alfred Mathes, was convicted by a Greene County jury of burglary. On appeal, he alleges there was insufficient evidence for any rational jury to convict him of that crime and that his sentence of six years was excessive. Finding no error exists, we affirm the judgment of the trial court. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Edgar Lewis Ries
A Marshall County jury convicted the Defendant, Edgar Lewis Ries, of attempted first degree murder and conspiracy to commit first degree murder. The Defendant was sentenced to concurrent terms of twenty years for his convictions. On appeal, he alleges there was insufficient evidence to support his convictions and that the trial court erred when it sentenced him. Finding no error exists, we affirm the judgments of the trial court. |
Marshall | Court of Criminal Appeals | |
Jerral D. Parris v. State of Tennessee
The Defendant, Jerral D. Parris, was indicted on two counts of extortion. A Warren County jury convicted the Defendant of two counts of attempted extortion. On appeal, the Defendant alleges the following: (1) attempted extortion is not a crime in Tennessee; (2) there was insufficient evidence to convict the Defendant of attempted extortion; (3) the trial court improperly denied a motion for a change of venue; (4) the trial court erred in refusing to allow the Defendant to test and inspect audio tape evidence; (5) the trial court erred in not declaring a mistrial after the Defendant was compared to a notorious murderer; (6) the trial court erred by failing to instruct the jury as to the affirmative defense to extortion; and (7) the trial court erred in sentencing the Defendant. After a thorough review of the record and applicable law, we determine that attempted extortion is a crime in Tennessee and that there was sufficient evidence to convict the Defendant of this crime. His conviction, however, must be reversed because the trial court improperly refused to allow a jury instruction on an applicable affirmative defense. Thus, we reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Christopher Nathaniel Richardson
The Defendant, Christopher Nathaniel Richardson, pled guilty to one count of possession of a controlled substance with the intent to deliver, and he was sentenced as a Range II multiple offender to seven years of supervised probation, with the first year to be served on intensive probation. After two probation violation warrants were issued based upon two arrests and other violations, the trial court revoked the Defendant’s probation and ordered him to serve his sentence in confinement. It is from this judgment that the Defendant now appeals, contending that, while the trial court was within its discretion to revoke his probation, his violation does not warrant the imposition of his entire sentence. Concluding there exists no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Jerome Sawyer v. State of Tennessee
Following a jury trial, Petitioner, Jerome Sawyer, was convicted of aggravated sexual battery and sentenced to eighteen years in the Department of Correction as a Range II, multiple offender. This Court affirmed his conviction. Petitioner then filed a petition for post-conviction relief. After appointing counsel and conducting several hearings, the trial court denied his petition for post-conviction relief. In his appeal, Petitioner argues that he is entitled to post-conviction relief because (1) trial counsel provided ineffective assistance of counsel, and (2) the post-conviction court improperly allowed trial counsel to be examined outside of Petitioner’s presence. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Rickey Hogan v. Tony Parker, Warden
Petitioner, Rickey Hogan, appeals the order dismissing his petition for a writ of habeas corpus, raising two issues: (1) whether his concurrent, forty-year sentences, imposed in 1985 for robbery with a deadly weapon and second degree murder, are void; and (2) whether the Department of Correction has miscalculated the expiration date of his sentences. Following our review, we affirm the habeas corpus court’s order of dismissal. |
Lauderdale | Court of Criminal Appeals | |
Michael J. Hart v. State of Tennessee
The Appellant, Michael J. Hart, appeals the denial of his petition for post-conviction relief by the Madison County Circuit Court. Hart pled guilty to first degree felony murder, aggravated robbery, and felony evading arrest, and received an effective sentence of life without parole. On appeal, Hart contends that his pleas were not knowingly and voluntarily entered due to trial counsel’s ineffectiveness during the pre-plea proceedings. Following review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Chet Allen Walker v. State of Tennessee
Aggrieved of his convictions of first degree premeditated murder, setting fire to personal property, and abuse of a corpse, the petitioner, Chet Allen Walker, sought post-conviction relief, which was denied by the Hamilton County Criminal Court after an evidentiary hearing. On appeal, the petitioner argues that he received ineffective assistance of counsel because trial counsel failed to call a particular character witness. We affirm the denial of post-conviction relief. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Jeffery McClennon Morris
The defendant, Jeffery McClennon Morris, was convicted of aggravated sexual battery, a Class B felony, as well as domestic assault and contributing to the delinquency of a minor, Class A misdemeanors. He was sentenced as a violent offender to fifteen years in the Department of Correction for the felony and concurrent sentences of eleven months and twenty-nine days for each misdemeanor. He raises three issues on appeal: (1) the sufficiency of the convicting evidence; (2) whether certain of his statements were admitted at trial in violation of Tennessee Rule of Criminal Procedure 16(a)(1)(A); and (3) the validity of his indictment for domestic assault. Following our review, we affirm the judgments of the trial court. |
Sevier | Court of Criminal Appeals | |
James Mario Starnes v. State of Tennessee
The Petitioner, James Mario Starnes, entered an open guilty plea in the Bedford County Circuit Court to attempted second degree murder and especially aggravated robbery. He received an effective sentence of twenty-five years. He subsequently petitioned for post-conviction relief. In this appeal from the denial of post-conviction relief, the Petitioner argues (1) that he received the ineffective assistance of counsel, (2) that he entered an involuntary guilty plea, and (3) that an insufficient factual basis exists for his plea. Finding no error, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Michael Bailey
Defendant, Michael Bailey, was indicted on four counts of aggravated robbery. After a jury trial, Defendant was convicted on all four counts. Because the four counts represented four different theories of prosecution for the same criminal episode, the trial court merged the convictions and sentenced Defendant to thirty years as a career offender. After the denial of a motion for new trial, Defendant filed a timely notice of appeal. On appeal, Defendant challenges the sufficiency of the evidence, the trial court’s decision to admit evidence during rebuttal of another robbery committed by Defendant, the trial court’s refusal to instruct the jury on the lesser included offenses of theft and assault and the trial court’s decision to allow the State to impeach Defendant with evidence of his thirteen prior convictions for aggravated robbery. For the following reasons, the judgment of the trial court is reversed and the case is remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Phillip Eugene Johnson
The defendant, Phillip Eugene Johnson, was convicted by a Tipton County jury of statutory rape and sexual battery and was sentenced to an effective term of two years in the Tennessee Department of Correction. On appeal, he challenges the sufficiency of the convicting evidence and argues that prosecutorial misconduct caused the jury to render an adverse verdict. Following our review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Clifford Bryant Johnson
The defendant, Clifford Bryant Johnson, was convicted of one count of aggravated robbery, a class B felony, and sentenced to nine years in prison as a Range I, standard offender. The defendant appeals his conviction, claiming that the evidence is insufficient to support his conviction. We conclude that the evidence is sufficient and affirm the defendant’s conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Claude Thomas Davis - Concurring
I concur in the majority’s affirmance of the defendant’s convictions. I write separately to express my disagreement with the majority’s conclusion that the defendant’s arrest was lawful. Under the evidence at the suppression hearing, I believe that the defendant was not subject to a warrantless arrest because he was no longer at the “scene of a traffic accident” as contemplated by Tennessee Code Annotated section 40-7-103(a)(6) and that he was not otherwise subject to arrest for a misdemeanor committed in the officer’s presence or for a felony. See T.C.A. § 40-7-103(a)(1)-(3). I believe the defendant was at his home, where he was not subject to a warrantless arrest for misdemeanor driving under the influence. In this regard, I note that after the offense in this case, the law was changed to permit the warrantless arrest of an individual involved in an accident who has left the scene, provided the arrest takes place within four hours of the accident and the officer has probable cause to arrest the defendant for driving under the influence. See T.C.A. § 40-7-103(a)(10). I do not believe this provision can apply in this case. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Claude Thomas Davis
The defendant, Claude Thomas Davis, was convicted of driving under the influence, seventh offense (Class E felony); driving on a revoked license, third offense (Class A misdemeanor); and violation of the implied consent law (Class A misdemeanor) on October 26, 2004. He was sentenced to serve two years in the Department of Correction. On appeal, he contends that the trial court erred in denying his motion to suppress all evidence gathered by law enforcement at his home which is also a place of business located on the parking lot where the driving offense occurred. We affirm the judgments from the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Mark A. Schiefelbein - Amended
Came the defendant, Mark A. Schiefelbein, through counsel, and the State of Tennessee, through the attorney general, upon the defendant’s appeal from the judgments of the Williamson County Circuit Court, where a jury convicted the defendant of seven counts of aggravated sexual battery and one count of especially aggravated sexual exploitation of a minor. Following extensive briefing, oral argument, and our review of the record and the applicable law, we modify the imposition of consecutive sentences but otherwise affirm the convictions and sentences. |
Williamson | Court of Criminal Appeals | |
Shannon Mayes v. State of Tennessee
Following a jury trial, Petitioner, Shannon Mayes, was convicted of first degree murder and sentenced to life in prison. This Court affirmed his conviction on direct appeal. State v. Shannon Mayes, No. M2002-02091-CCA-R3-CD, 2004 WL 49111, at *1-4 (Tenn. Crim. App., at Nashville, Oct. 15, 2003), perm. app denied (Tenn. May 3, 2004). Petitioner then brought a petition for post-conviction relief alleging ineffective assistance of counsel. The post-conviction court subsequently denied the petition. He now appeals that denial, arguing that he is entitled to post-conviction relief because his trial counsel was ineffective in failing to file a motion to suppress his statement to police. After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Carolyn J. Nobles
The Defendant, Carolyn J. Nobles, pled guilty to three counts of check forgeries, and a jury found her guilty of sixty-eight check forgeries. The trial court sentenced the Defendant, a Range I offender, to an effective sentence of seventeen years and six months. On appeal, the Defendant contends that the evidence is insufficient to sustain her convictions and that the trial court erred when sentencing her by denying her alternative sentencing and by ordering that some of her sentences run consecutively. Concluding there exists no error, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Wendell Daniel Washington v. State of Tennessee
The petitioner, Wendell Daniel Washington, pled guilty in the Madison County Circuit Court to nine counts of child rape and one count of especially aggravated kidnapping and, pursuant to the plea agreement, received an effective forty-five-year sentence to be served at one hundred percent. In this appeal, he contends that he received the ineffective assistance of counsel and that he did not knowingly, intelligently, and voluntarily plead guilty. Upon review of the record and the parties’ briefs, we affirm the post-conviction court’s denial of relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. William Clay Bohanan, Jr.
The Appellant, William Clay Bohanan, Jr., was convicted by a Davidson County jury of felony escape and vandalism of property valued under $500, a Class A misdemeanor. On appeal, Bohanan raises two issues for our review: (1) whether the trial court erred in failing to charge the jury on the defenses of duress and necessity; and (2) whether the evidence was sufficient to support the convictions. Following review, the judgments of conviction are affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Edward Hogue
Before the court is petitioner Thomas Edward Hogue’s appeal from the Davidson County Criminal Court’s dismissal of his October 2005 “Petition to Set Aside Guilty Plea and to Issue a Writ of Error Coram Nobis.” Based upon an untimely filing of the petition, we affirm the order of dismissal. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Edward Hogue - Order
This cause came before the court upon the State of Tennessee’s petition for a rehearing, wherein the State posited that the court’s opinion in this cause incorrectly referred to the statutory provision for the writ of error coram nobis in civil cases when a reference to the statute governing criminal cases should have been used. We agree. |
Davidson | Court of Criminal Appeals |
