State of Tennessee v. Johnny J. Postles
The defendant appeals from his jury convictions of criminal trespass (Class C misdemeanor), assault (Class A misdemeanor), aggravated burglary (Class C felony), aggravated assault (Class C felony), and theft (Class A misdemeanor). The defendant received an effective sentence of five and one-half years incarceration plus two jail terms of eleven months and twenty-nine days. Issues presented on appeal are the sufficiency of the evidence and the propriety of the consolidation of offenses from two indictments involving separate dates with a single victim. After review, we have concluded that the convictions were supported by sufficient evidence and that the defendant waived the severance of the offenses issue. The judgments from the trial court are affirmed. |
Madison | Court of Criminal Appeals | |
Michael Williams v. State of Tennessee
The petitioner, Michael Williams, appeals the denial of post-conviction relief. Specifically, he contends that trial counsel was ineffective by failing to have him undergo a mental evaluation prior to trial. Upon review, we conclude that the petitioner has failed to meet his burden that: (1) his counsel was deficient in her performance, and (2) he was prejudiced in his claim of ineffective assistance. We affirm the post-conviction court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
Harvey S. Burns v. State of Tennessee
The Petitioner, Harvey S. Burns, 1 pled guilty to selling less than one-half gram of cocaine. At the guilty plea hearing, the Petitioner accepted a sentence of thirteen years as a Range III, persistent offender. The Petitioner timely filed a pro se petition for post-conviction relief, and after being appointed counsel, filed an amended petition for post-conviction relief. After a hearing, the trial court denied the petition for post-conviction relief. In this appeal, the Petitioner asserts that he received the ineffective assistance of counsel and that his plea was not knowingly, voluntarily, and intelligently entered. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tyree Robinson
The appellant, Tyree Robinson, was convicted by a jury in the Shelby County Criminal Court of premeditated murder, felony murder, and especially aggravated robbery. The appellant received a total effective sentence of life without the possibility of parole plus twenty years. On appeal, the appellant argues that the evidence is insufficient to support his convictions; the trial court erred in failing to instruct the jury that Brown, Morris, and Courtney Perry were accomplices as a matter of law; the trial court abused its discretion in allowing hearsay statements; and the trial court erred in responding to a jury question. Upon review of the record and the parties’ briefs, we reverse the judgments of the trial court and remand for a new trial. |
Shelby | Court of Criminal Appeals | |
Miko T. Burl v. State of Tennessee
Proceeding pro se, the petitioner, Miko T. Burl, appeals the Shelby County Criminal Court’s denial of his motion to reopen his post-conviction proceeding. On appeal, the petitioner contends the court erred by dismissing his petition without holding an evidentiary hearing and claims he is entitled to relief based upon the ruling in Blakely v. Washington, 542 U.S. 296 (2004). Following our review, we dismiss the appeal. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marco Hughlett
Defendant, Marco Hughlett, was indicted under alternative theories, charging Defendant in count one with committing aggravated robbery by violence, and in count two, with committing aggravated robbery by placing the victim in fear. The jury convicted Defendant under both counts. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to eleven years for each conviction. The trial court merged Defendant’s conviction of aggravated robbery in count two with his conviction of aggravated robbery in count one. In his sole issue on appeal, Defendant challenges the sufficiency of the convicting evidence. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Tara L. Beffrey
The defendant, Tara L. Beffrey, was convicted of driving under the influence (DUI), second offense, a Class A misdemeanor, for which she received an eleven-month, twenty-nine-day sentence; violation of the implied consent law, a Class A misdemeanor, for which she received a five-day consecutive sentence; and driving on a revoked license, a Class B misdemeanor, for which she received a six-month concurrent sentence. On appeal, the defendant argues that: (1) the convicting evidence was insufficient to prove DUI and (2) the vehicle stop that led to her arrest was unconstitutional. We conclude no error exists, and we affirm the judgments of the trial court. |
Hamblen | Court of Criminal Appeals | |
Andre L. Mayfield v. State of Tennessee
The petitioner, Andre L. Mayfield, appeals the trial court's order denying his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's judgment pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition fails to establish a 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. Charles A. Walker
The defendant, Charles A. Walker, was convicted by a Montgomery County jury of two counts of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony, based on acts he committed against his stepdaughter, who was less than thirteen years old when the offenses occurred. He was sentenced by the trial court to twenty years for each of the rape convictions and to eight years for the aggravated sexual battery conviction, with the rape sentences to be served concurrently to each other and the aggravated sexual battery sentence to be served consecutively to the rape sentences, for an effective sentence of twenty-eight years at 100% in the Department of Correction. The defendant raises the following issues on appeal: (1) whether the evidence was sufficient to sustain his convictions; (2) whether the State sufficiently proved the date of two of the offenses as set out in the bill of particulars and the verdict forms submitted to the jury; (3) whether the trial court committed reversible error by not issuing unanimity and election of offenses jury instructions; and (4) whether the totality of alleged evidentiary ruling errors warrants a new trial. Following our review, we affirm the rape convictions but reverse and remand for a new trial on the aggravated sexual battery offense. Additionally, we remand for entry of corrected judgments on the rape convictions to reflect that the defendant was sentenced to twenty years, rather than twenty-two, in each count. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Michael Small
Following a jury trial, the Defendant, Michael Small, was convicted of two counts of aggravated robbery. At the sentencing hearing, the trial judge ordered the Defendant to proceed pro se because he allegedly physically attacked his appointed trial counsel. The trial court merged the two counts of aggravated robbery and sentenced the Defendant as a Range II, multiple offender to twenty years in the Department of Correction. On appeal, the Defendant asserts that (1) his failure to file a motion for new trial should not constitute waiver of trial errors on appeal because he was wrongfully denied his right to counsel, (2) the trial court erred in allowing the appointed counsel to represent him during trial because the attorney-client relationship became “adversarial,” (3) the trial court violated his right to counsel by requiring him to proceed pro se post-trial, and (4) the evidence is insufficient to support the jury’s finding the Defendant guilty beyond a reasonable doubt of aggravated robbery. We conclude that the trial court did not make sufficient findings of fact to permit our review of whether the Defendant was properly required to proceed pro se. Therefore, we remand to the trial court for further factual determinations regarding the alleged attack on the Defendant’s trial counsel and any other pertinent information on the issue of whether the Defendant implicitly waived or forfeited his right to counsel. |
Shelby | Court of Criminal Appeals | |
Louis Steele v. State of Tennessee
The Appellant, Louis Steele, appeals the dismissal of his petition for post-conviction relief by the Shelby County Criminal Court. Steele pled guilty to misdemeanor vandalism, harassment, and three counts of driving under the influence (DUI). On appeal, Steele contends that his pleas were not knowingly and voluntarily entered due to trial counsel’s ineffectiveness in: (1) failing to inform him of the consequences of his pleas, specifically that three DUI convictions automatically qualified him as a Motor Vehicle Habitual Offender; (2) failing to seek court-ordered medical treatment while he was in jail or to pursue his release on bail; and (3) failing to properly conduct a pretrial investigation. Following review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Larry Dickerson v. State of Tennessee
The petitioner, Larry Dickerson, filed a petition for post-conviction relief from his conviction for first degree murder and resulting life sentence. The trial court dismissed his petition. On appeal, the petitioner argues that he received the ineffective assistance of counsel at trial. We affirm the judgment of the trial court. |
Crockett | Court of Criminal Appeals | |
Dwayne E. Anderson v. State of Tennessee, Ricky Bell, Warden
The Petitioner, Dwayne E. Anderson, appeals from the order of the trial court summarily dismissing his petition seeking habeas corpus relief. The trial court dismissed the petition because it determined that the petition did not state valid grounds for habeas corpus relief. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Andre L. Mayfield v. Howard Carlton, Warden
Petitioner, Andre L. Mayfield, 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 | |
Leo H. Odom v. Tony Parker, Warden
The Appellant, Leo H. Odom, appeals the Lake County Circuit Court’s summary dismissal of his petition for writ of habeas corpus. Odom was indicted for first degree murder and subsequently pled guilty in the Davidson County Criminal Court to second degree murder, receiving an agreed sentence of thirty years with service of 100% as a violent offender. He is currently an inmate at Northwest Correctional Complex at Tiptonville. On appeal, Odom argues that his 1997 murder conviction and resulting thirty-year sentence are void because his sentence is “erroneous as being contrary to the express provisions of the 1989 Sentencing Reform Act.” After review, we affirm the judgment of the Lake County Circuit Court. |
Lake | Court of Criminal Appeals | |
Jorge Herrera v. State of Tennessee
The petitioner, Jorge Herrera, appeals the denial of his petition for post-conviction relief, arguing that he received ineffective assistance of trial counsel and that his guilty pleas were unknowing and involuntary. Following our review, we affirm the denial of the petition. |
Davidson | Court of Criminal Appeals | |
Heck Van Tran v. State of Tennessee
This matter is before this court following the Petitioner Heck Van Tran’s motion to reopen his postconviction petition for the limited purpose of determining whether the Petitioner is mentally retarded and thus ineligible for the death penalty. The lower court entered an order denying relief. The Petitioner appeals asserting that the proof established by a preponderance of the evidence that the Petitioner is mentally retarded renders his sentence of death unconstitutional. After a review of the record and the applicable law, we affirm the lower court’s denial of relief. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Arthur Shelton aka John Shelton
The appellant, William Arthur Shelton aka John Shelton, was convicted by a jury in the Bradley County Criminal Court of three counts of false imprisonment, two counts of vandalism, and one count of premeditated first degree murder. He received a total effective sentence of life imprisonment in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of a motion for severance of the murder counts from the remaining counts, the trial court’s exclusion of a witness’s complete statement to police, and the sufficiency of the evidence. From our review of the record and the parties’ briefs, we affirm the judgments of the trial court. |
Bradley | Court of Criminal Appeals | |
State of Tennessee v. Jason Goolsby
The defendant, Jason Goolsby, was convicted of aggravated burglary, a Class C felony, and burglary and two counts of theft over $1000, Class D felonies. The trial court sentenced him as a Range I, standard offender to concurrent terms of four years and six months for the aggravated burglary conviction and three years and six months for each of the Class D felonies, with nine months to be served in confinement and the balance on probation. On appeal, the defendant argues that the trial court erred in instructing the jury. Following our review, we affirm the judgments of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Keusi Yamba Donald
Following a jury trial, Defendant, Keusi Yamba Donald, was convicted of possession with intent to sell or deliver 26 grams or more of cocaine, a Class B felony, and possession with intent to sell or deliver more not less than one-half (½) ounce nor more than ten (10) pounds of marijuana, a Class E felony. The trial court sentenced Defendant to serve sixteen years in the Department of Correction as a Range II, multiple offender for his conviction of possession with intent to sell or deliver cocaine, and six years in the Department of Correction as a Range III, career offender for his conviction of possession with intent to sell or deliver marijuana, with the sentences to be served concurrently. On appeal, Defendant argues that (1) the trial court erred in failing to grant his motion to suppress evidence, (2) the evidence was insufficient to support his convictions, and (3) his sentence of sixteen years was excessive. After a thorough review, the judgments of the trial court are affirmed. |
Weakley | Court of Criminal Appeals | |
State of Tennessee v. James Henry Walker
Following a jury trial, Defendant, James Henry Walker, was convicted of one count of burglary, a Class D felony; one count of theft of property valued at $500 or less, a Class A misdemeanor; and one count of vandalism of property valued at $500 or less, a Class A misdemeanor. The trial court sentenced Defendant to concurrent sentences of six years as a Range II, multiple offender, for his felony conviction, and eleven months, twenty-nine days for each misdemeanor conviction, for an effective sentence of six years. Defendant does not appeal the length of his sentences. In his appeal, Defendant challenges the sufficiency of the convicting evidence and argues that the trial court erred in denying his motion to suppress his statements and testimony of his identification. After a thorough review, we affirm the judgments of the trial court. |
Fayette | Court of Criminal Appeals | |
Diallo J. Lauderdale v. State of Tennessee
The petitioner, Diallo J. Lauderdale, was convicted by a Henry County Circuit Court jury of first degree felony murder, and the trial court sentenced him as a violent offender to life in the Department of Correction. On direct appeal, this court affirmed the petitioner’s conviction and sentence. The petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. On appeal, the petitioner contends that the post-conviction court erred when it dismissed his petition because his trial counsel rendered ineffective assistance of counsel. After thoroughly reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Lisa Marie Butler
A Shelby County jury convicted the defendant, Lisa Marie Butler, of first degree felony murder and aggravated child abuse, see T.C.A. §§ 39-13-202, -15-402 (2003), in connection with the June 17, 2003 death of her eight-month-old child, Dewayne Butler. The trial court sentenced the defendant as a Violent Offender to life imprisonment at 100 percent for the felony murder conviction and to 20 years and six months at 100 percent for the aggravated child abuse conviction, with concurrent service of the sentences. On appeal, the defendant contests the legal sufficiency of the convicting evidence at trial and argues that her sentence for the aggravated child abuse conviction is excessive. After our review of the record and the parties’ briefs, we affirm the defendant’s convictions. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Brandon Wallace
The Appellant, Brandon Wallace, appeals the sentencing decision of the Lauderdale County Circuit Court. Following a jury trial, Wallace was convicted of two counts of attempted first degree murder, attempted second degree murder, attempted especially aggravated robbery, especially aggravated burglary, and felony reckless endangerment. Wallace’s conviction for attempted especially aggravated robbery was merged with his conviction for especially aggravated burglary. Following a direct appeal of his convictions and sentences, a panel of this court affirmed the convictions but remanded for resentencing in accordance with Blakely v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2005). After a resentencing hearing was conducted, Wallace was sentenced to twenty years for each attempted first degree murder conviction, eight years for attempted second degree murder, eight years for attempted especially aggravated robbery, eight years for especially aggravated burglary, and one year for felony reckless endangerment. Based upon the imposition of partial consecutive sentencing, Wallace received an effective sentence of forty-years confinement. On appeal, he challenges the trial court’s application of enhancement factors, failure to apply mitigating factors, and imposition of consecutive sentencing. After review, the sentences are affirmed. However, we remand for entry of corrected judgment of conviction forms to properly reflect merger of the offenses and imposition of the aggregate forty-year sentence. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Joseph Kevan Clark
On July 21, 2005, the appellant, Joseph Kevan Clark, was convicted by a Dyer County jury of violating Tennessee Code Annotated section 55-10-616, a section of the Motor Vehicle Habitual Offender Act. On September 27, 2005, the appellant was sentenced to five years’ incarceration as a Range III offender. He appeals the judgment, contending that his conviction is invalid because the underlying order declaring him to be a motor vehicle habitual offender was not properly entered pursuant to Tennessee Rule of Civil Procedure 58. Because we have previously held that an individual must utilize the provisions of Tennessee Rule of Civil Procedure 60.02 to challenge an order declaring the individual to be a motor vehicle habitual offender, we affirm the judgment of the trial court. The appellant also contends that the five-year sentence imposed by the trial court was excessive. Because the trial court appropriately considered both mitigating and enhancement factors, we affirm the sentence imposed by the trial court. |
Dyer | Court of Criminal Appeals |
