Marshall Tidwell v. Virginia Lewis, Warden
The petitioner, Marshall Tidwell, pled guilty in the Dickson County Circuit Court to five counts of rape and three counts of sexual battery, and he received a total effective sentence of fifty years. Subsequently, the petitioner filed in the Bledsoe County Circuit Court a petition for a writ of habeas corpus. The habeas corpus court summarily dismissed the petition, which dismissal the petitioner appeals. The State filed a motion requesting that this Court affirm the habeas corpus court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Upon review of the record and the parties' briefs, we conclude that the petition was properly dismissed. Accordingly, the State's motion is granted and the judgment of the habeas corpus court is affirmed. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Clifford A. Davis
The Appellant, Clifford A. Davis, appeals the revocation of his probation by the Humphreys County Circuit Court. Davis' revocation stems from his violation of Rule 7 of the conditions of probation which provides: "I agree to a search, without a warrant, of my person, vehicle, property, or place of residence by any Probation/Parole officer or law enforcement officer, at any time." Davis does not deny that he refused his probation officer's request to search his residence. Rather, he argues that Rule 7 is unconstitutional in that it infringes upon his Fourth Amendment rights. Finding no constitutional error, the judgment of the trial court is affirmed. |
Humphreys | Court of Criminal Appeals | |
Marvin Rainer v. David G. Mills, Warden
Petitioner, Marvin Rainer, appeals from the trial court’s dismissal of his petition for writ of habeas corpus. In March 2001, Petitioner was convicted in Shelby County Criminal Court of one count of misdemeanor assault, two felony counts of forgery over five hundred dollars, one count of theft over a thousand dollars, and one count of forgery over a thousand dollars. Petitioner was sentenced to eleven months and twenty-nine days for the misdemeanor assault conviction, six years for each felony conviction of forgery over five hundred dollars, ten years for the felony conviction of theft over a thousand dollars, and ten years for the felony conviction of forgery over a thousand dollars. According to the judgment forms, the trial court ordered the felony sentences to be served concurrently for a ten year sentence, with the misdemeanor sentence to be served consecutively, for an effective sentence of ten years, eleven (11) months, and twenty-nine (29) days, with all sentences to be served in the Tennessee Department of Correction. On October 15, 2004, Petitioner filed a petition for writ of habeas corpus in Lauderdale County Circuit Court. Petitioner alleged that his convictions were void because, inter alia, he received an illegal sentence. The trial court summarily dismissed the petition without an evidentiary hearing, finding that the issues raised by Petitioner were not proper subjects for habeas corpus relief. We affirm the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Marlon Orlando Walls
Defendant, Marlon Orlando Walls, was indicted on one count of first degree felony murder, one count of especially aggravated kidnapping, and one count of second degree murder. Following a jury trial, Defendant was convicted of first degree felony murder and especially aggravated kidnapping, and found not guilty of second degree murder. Defendant was sentenced to life imprisonment for the felony murder conviction and fifteen years for the especially aggravated kidnapping conviction. The trial court ordered Defendant's sentences to be served concurrently, and Defendant does not challenge the length or manner of service of his sentences. Defendant was granted a delayed appeal. In his appeal, Defendant argues (1) that the evidence is insufficient to support his convictions; (2) that the trial court erred in failing to instruct the jury on facilitation; (3) that the trial court erred in not declaring a mistrial; (4) that the trial court erred in failing to instruct the jury on the natural and probable consequences rule; and (5) that the trial court erred in not allowing into evidence proof that when the victim possessed the handgun, the victim was violating the terms/conditions of his community corrections sentence. After a thorough review of the record, we affirm the trial court's judgments. |
Montgomery | Court of Criminal Appeals | |
Terrell L. Robinson v. State of Tennessee
The petitioner, Terrell L. Robinson, appeals the denial of his petition for post-conviction relief. In this appeal of right, he asserts that his guilty plea was not knowingly and voluntarily entered and that he did not receive the effective assistance of counsel. The judgment of the post-conviction court is affirmed |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Bowman Robert Russell
The defendant, Bowman Robert Russell, appeals from his Loudon County Criminal Court jury verdict resulting in a conviction of driving while under the influence of an intoxicant (DUI), third offense. The single issue on appeal is whether the convicting evidence is sufficient to support the conviction. Because it is, we affirm the judgment of the criminal court. |
Loudon | Court of Criminal Appeals | |
State of Tennessee v. Tevias Bledsoe
The appellant, Tevias Bledsoe, was indicted on one count of premeditated murder, one count of felony murder, one count of especially aggravated robbery, and three counts of possession of a firearm by a convicted felon. After a jury trial, the appellant was acquitted of all charges except for the firearm possession charges. The trial court nolle prossed two of the firearm charges and sentenced the appellant to four years as a Range II multiple offender for the remaining conviction. After the denial of a motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant contends that the trial court committed plain error by failing to instruct the jury on the defense of duress. We agree and reverse and remand the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joey Lee Smith
The petitioner, Joey Lee Smith, appeals from the circuit court's summary dismissal of his pro se petition for writ of habeas corpus. Following our review of the parties' briefs and applicable law, we affirm the court's dismissal of the petition. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. John Allen, Jr.
Following a revocation hearing, the trial court revoked the probation of Defendant, John Allen, Jr., and ordered him to serve the remainder of his sentence in confinement. In his appeal, Defendant argues that the trial court erred in finding that he had violated the terms of his probation, and in revoking his probation and ordering that the sentence be served by incarceration. After a review of this matter, we affirm the judgment of the trial court. |
Grundy | Court of Criminal Appeals | |
Randall Carver v. Tony Parker, Warden
The petitioner, Randall Carver, pled guilty in the Sumner County Criminal Court to one count of attempted especially aggravated kidnapping and aggravated assault. He received a total effective sentence of eight years in the Tennessee Department of Correction. Subsequently, the petitioner filed a petition for a writ of habeas corpus in the Lake County Circuit Court. The habeas corpus court denied the petition, and the petitioner now appeals. Upon our review of the record and the parties’ briefs, we remand the case to the habeas corpus court for further proceedings consistent with this opinion. |
Lake | Court of Criminal Appeals | |
Joseph Brown v. State of Tennessee
The petitioner, Joseph Brown, pled guilty in the Shelby County Criminal Court to facilitation of first degree murder and two counts of especially aggravated kidnapping. The trial court sentenced him to fifteen years for each conviction and ordered that the sentences be served concurrently. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he did not knowing, intelligently, and voluntarily enter his guilty pleas. The post-conviction court denied relief. Upon review of the record and the parties’ briefs, we must dismiss the petitioner’s appeal for lack of jurisdiction. |
Shelby | Court of Criminal Appeals | |
Charlie M. Gardner v. Tony Parker, Warden
Petitioner, Charlie M. Gardner, appeals from the trial court's summary dismissal of his petition for writ of habeas corpus. The State has filed a motion for this Court to affirm the judgment of the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. Having reviewed the record, we find that the motion has merit and grant same. Accordingly, the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
John E. Carter v. State of Tennessee
This matter is before the Court upon the State's motion to dismiss or in the alternative to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing his three petitions for writ of error coram nobis in which the petitioner alleged that newly-discovered evidence and his own diminished capacity mandated a new trial. Upon a review of the record in this case, we are persuaded that the trial court was correct in summarily dismissing the petitions for coram nobis relief and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed. |
White | Court of Criminal Appeals | |
William T. Yelton v. Robert Waller, Warden
Petitioner, William T. Yelton, filed a petition for habeas corpus relief attacking his Bedford County theft of property conviction. The trial court dismissed the petition without an evidentiary hearing. Petitioner has appealed, and the State has filed a motion pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals to affirm the judgment of the trial court. Finding the motion to have merit, we grant same and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Ronnie Jackson, Jr. v. Ricky J. Bell, Warden and State of Tennessee
The Petitioner, Ronnie Jackson, Jr., appeals from the trial court's denial of his petition seeking habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The State's motion is granted. The judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
Lee A. Alderson v. State of Tennessee
This matter is before the Court upon the State's motion to affirm the judgment of the trial court by memorandum opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petitioner has appealed the trial court's order summarily dismissing the petition for the writ of habeas corpus. In that petition, the petitioner alleges that his judgment was void and that his sentence was illegal. Upon a review of the record in this case we are persuaded that the trial court was correct in summarily dismissing the habeas corpus petition and that this case meets the criteria for affirmance pursuant to Rule 20, Rules of the Court of Criminal Appeals. Accordingly, the State's motion is granted, and the judgment of the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Eric Fields
Following a jury trial, Defendant, Eric Fields, was convicted of the following offenses and received the following concurrent sentences: aggravated robbery of Yousef Nahhas, a Class B felony, twelve years; conspiracy to possess more than three hundred grams of cocaine with intent to sell or deliver, a Class A felony, twenty-five years; attempted second degree murder of Officer Dariet Wallace, a Class B felony, twelve years; aggravated robbery of Officer Wallace, a Class B felony, twelve years; and unlawful possession of a handgun, a Class E felony, two years. The trial court sentenced Defendant as a Range I, standard offender, for his conspiracy drug conviction, and as a Range II, multiple offender, for his remaining convictions. The convictions were the result of a jury trial, and the total effective sentence of twenty-five years was the result of a negotiated agreement of the parties done in lieu of a sentencing determination by the trial court. In his appeal, Defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Andrea Spencer v. State of Tennessee
The petitioner was convicted of one count of aggravated rape, two counts of aggravated kidnapping, two counts of aggravated burglary, and one count of sexual battery and received an effective sentence of eighty-four years as a multiple offender. His convictions were affirmed and his sentence was reduced to eighty years on direct appeal by this court. State v. Andrea Spencer, No. W2002-01483-CCA-R3-CD, 2003 WL 22204526, at *1 (Tenn. Crim. App. Sept. 18, 2003), perm. to appeal denied (Tenn. Jan. 5, 2004). On February 24, 2004, he filed a timely petition for post-conviction relief. Following an evidentiary hearing, the post-conviction court denied relief. On appeal, the petitioner argues that he was denied effective assistance at trial because his counsel failed to properly investigate and prepare the defense. Following our review, we affirm the dismissal of the petition. |
Shelby | Court of Criminal Appeals | |
Tyrus A. Rogers v. David Mills, Warden
The petitioner, Tyrus A. Rogers, appeals the trial court’s denial of his petition for habeas corpus relief from his conviction for attempted second degree murder. Because the petitioner has failed to allege a cognizable claim for habeas corpus relief, we affirm the denial of the petition. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Eddie Gaston
The Defendant, Eddie Gaston, was convicted of premeditated first degree murder, two counts of attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery. The trial court sentenced the Defendant to life in prison for the first degree murder conviction and to twenty-five years for each of the other convictions, and it ordered that all the sentences be served consecutively. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain any of his convictions; (2) the trial court erred when it ruled on several different evidentiary issues; and (3) the trial court committed sentencing errors. Finding that there exists no reversible error, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Larry Peoples, alias
On appeal, the defendant, Larry Peoples, contends that: (1) the State improperly impeached defense witnesses by failing to request a jury-out hearing before cross-examining them regarding prior bad acts, pursuant to Tennessee Rule of Evidence 608; and (2) he was denied a fair trial when the trial court denied his request for a mistrial or a curative instruction. We conclude that, while the State certainly should have requested a jury-out hearing prior to impeaching the witnesses, the defendant waived the issue by failing to raise a timely objection. Therefore, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Sterling Pollard v. State of Tennessee
The petitioner appeals the denial of post-conviction relief, contending that: (1) the post-conviction court erred in modifying the illegal probationary period rather than vacating it; and (2) his plea to a violation of the Motor Vehicle Offender Act was not knowingly and voluntarily entered. Upon thorough review, we affirm the denial of post-conviction relief but modify the petitioner's probationary period from five hundred fifty-two days to five years, one hundred eighty-seven days. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Freddie Eugene Asbury
The defendant, Freddie Eugene Asbury, appeals the Sullivan County Criminal Court's order revoking his probation. On appeal, the defendant claims that although he violated his probation, the trial court abused its discretion by revoking his probation and ordering him to serve his sentence in confinement. We affirm the judgment of the trial court. |
Sullivan | Court of Criminal Appeals | |
Mark Medley v. State of Tennessee
This is an appeal as of right from the denial of post-conviction relief. The Petitioner, Mark Medley, was convicted of one count of rape of a child pursuant to a guilty plea. He was sentenced as a Range I, standard offender to fifteen years imprisonment. The Petitioner now appeals denial of his petition for post-conviction relief raising the single issue of ineffective assistance of counsel. He argues that his trial counsel's failure to inform him that the charge to which he pled guilty may have been time-barred amounted to deficient representation which resulted in prejudice to him. We reverse the post-conviction court's conclusions of law regarding the statute of limitations applicable to this case and remand for further findings of fact pertaining to the claim of ineffective assistance of counsel. |
Cannon | Court of Criminal Appeals | |
State of Tennessee v. Fallon L. Tallent
The Defendant, Fallon L. Tallent, was convicted by a Wilson County Jury of two counts of first degree murder. On appeal, the Defendant contends that the trial court erred when it: (1) allowed Kathleen Griffith, a witness not listed in discovery, to testify; and (2) ordered the Defendant's two life sentences to be served consecutively. Finding no reversible error, we affirm the judgments of the trial court. |
Wilson | Court of Criminal Appeals |
