Jimmy M. Millican v. State of Tennessee
The Appellant, Jimmy M. Millican, appeals the Davidson County Criminal Court's denial of his petition for post-conviction relief. On appeal, Millican argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review, the judgment of the post-conviction court is affirmed. |
Davidson | Court of Criminal Appeals | |
James Ray Bartlett v. State of Tennessee
The petitioner, James Ray Bartlett, appeals from the denial of his petition for writ of habeas corpus. In this appeal as of right, the petitioner asserts that the judgments of conviction for aggravated assault and four counts of theft are void because the sentences are illegal. The judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
Antonio Gibson v. State of Tennessee
The petitioner, Antonio Gibson, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gay Nathan Yarbro
The Defendant, Gay N. Yarbro, was convicted by a jury of introducing a controlled substance into a penal institution. The trial court sentenced the Defendant as a Range II, multiple offender to eight years in the Department of Correction for this offense, to be served consecutively to a sentence for |
Hardin | Court of Criminal Appeals | |
State of Tennessee v. Lonnie Lee Owens
The Defendant, Lonnie Lee Owens, was convicted by a jury of second degree murder, abuse of a corpse, and theft over $10,000. The trial court sentenced the Defendant as a Range I, standard offender to twenty-five years for the murder, one year for the abuse of a corpse, and four years for the theft. The trial court ordered these sentences to be served consecutively in the Department of Correction for an effective term of thirty years. In this direct appeal, the Defendant challenges the length of his sentence for the murder and also challenges the trial court's order that his sentences be served consecutively. We reduce the Defendant's sentence for the second degree murder conviction to twenty-four years. We further reverse the trial court's imposition of consecutive sentences. |
Franklin | 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 | |
Ernest Anderson v. David Mills, Warden
This matter is before the Court upon the State’s motion to affirm the judgment of the trial court by opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that the Petitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. |
Lauderdale | Court of Criminal Appeals | |
Nicholas Sanders v. State of Tennessee
The Petitioner, Nicholas Sanders, appeals the trial court's denial of his petition for 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 Petitioner has failed to allege any ground that would render the judgment of conviction void. Accordingly, we grant the State’s motion and affirm the judgment of the lower court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Lonnie M. Maclin
The Appellant, Lonnie M. Maclin, was convicted by a Shelby County jury of first degree felony murder, attempted aggravated robbery, misdemeanor reckless endangerment, especially aggravated kidnapping, aggravated robbery, reckless aggravated assault, and two counts of aggravated assault. As a result of these convictions, Maclin received an effective sentence of life imprisonment. On appeal, Maclin raises three issues for our review: (1) whether the indictment was invalid for failure to provide “adequate notice of the offenses charged in the indictment, or the court erred in the instruction to the jury”; (2) whether the evidence is sufficient to support his conviction for felony murder; and (3) whether his conviction for especially aggravated kidnapping violates State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). After review of the record, we affirm the judgments of |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Angie Delene Jackson
Following a jury trial, Defendant, Angie Delene Jackson, was convicted of driving a commercial vehicle under the influence of alcohol with a blood alcohol concentration of 0.04 or greater, a Class A misdemeanor, and for violation of the motor carrier safety rules and regulations, a Class B misdemeanor. The trial court sentenced Defendant to concurrent sentences of eleven months, twenty-nine days for each conviction. On appeal, Defendant argues (1) that the trial court erred in denying her motion to suppress the results of her blood alcohol test; (2) that the trial court erred in denying her motion to suppress the evidence discovered during a search of her vehicle; and (3) that the trial court erred in ordering Defendant to serve five percent of her effective sentence in confinement. We find that the trial court erred in denying Defendant's motion to suppress the evidence discovered during a search of her vehicle. We find the trial court's error harmless as to Defendant's DUI conviction, and affirm that conviction. Because we find the evidence insufficient, however, to support Defendant's conviction for violation of the motor carrier safety rules and regulations, we reverse it and dismiss that charge. We further reverse Defendant's sentence for her DUI conviction and remand for a new sentencing hearing. |
Greene | Court of Criminal Appeals | |
State of Tennessee v. Michael Carnell Jones
The appellant, Michael Carnell Jones, appeals from the trial court's revocation of his community corrections sentence. For the following reasons, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael Dean Baugh
The appellant, Michael Dean Baugh, was convicted by a Bedford County jury of burglary and theft of property under $500. He was sentenced as a multiple offender to seven (7) years, six (6) months for the burglary conviction and eleven (11) months, twenty-nine (29) days for the theft conviction. The trial court ordered the sentences to be served consecutively. After the denial of a motion for new trial, this appeal ensued. On appeal, the appellant argues that the evidence was insufficient to convict him of the charges against him and that his sentence is excessive. For the following reasons, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Reggie Estes
The Appellant, Reggie Estes, was convicted by a Haywood County jury of vehicular homicide by intoxication and was sentenced to fourteen years as a Range II, multiple offender. On appeal, Estes raises the following issues for our review: (1) whether the evidence is sufficient to support his conviction; and (2) whether he was sentenced in violation of Blakely v. Washington. After review of the record, we affirm. |
Haywood | Court of Criminal Appeals | |
Joseph B. Thompson v. State of Tennessee
The Petitioner, Joseph B. Thompson, was convicted of aggravated robbery and aggravated kidnapping, and the trial court sentenced him to an effective sentence of forty years. On direct appeal, this Court affirmed the Petitioner's convictions and sentences. 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: (1) he received ineffective assistance of counsel; (2) the State caused exculpatory evidence to be lost and unavailable to the Petitioner; (3) the trial court denied his right to allocution; (4) the trial court improperly limited trial counsel's time for closing argument; (5) the trial court erred when it ruled that the Petitioner could not instruct his trial counsel about trial strategy; and (6) the trial court erred by instructing the jury concerning the amount of fines to be imposed. After thoroughly reviewing the record and the applicable law, we affirm the judgment of the post-conviction court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Deon Larkins
The appellant, Deon Larkins, was convicted by a jury of carjacking. As a result, the trial court sentenced the appellant to twelve (12) years. On appeal, the appellant argues: (1) that the trial court erred in denying his motion to suppress; (2) that the trial court erred in failing to sustain the objections regarding hearsay; (3) that the trial court erred in denying the motion to dismiss based on a false warrant; (4) that the trial court should have granted a mistrial because the jury made a statement that was unfairly prejudicial; (5) that the appellant's constitutional rights were violated because of a "second setting" of the jury after the first panel of jurors was dismissed; (6) that the trial court erred by not "bringing" a material witness to testify; (7) that the evidence was insufficient to support the appellant's conviction; and (8) the appellant's sentence is excessive. After a thorough review of the evidence, we determine that a number of the appellant's first six (6) issues are waived for failure to prepare an adequate record for our review. As to the remaining issues, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Steven Paul Deskins v. State of Tennessee
The petitioner, Steven Paul Deskins, was convicted of seven (7) counts of rape of a child and four (4) counts of aggravated sexual battery. On appeal, this Court reversed one (1) of the petitioner's convictions for aggravated sexual battery, finding that it violated due process and double jeopardy, but otherwise affirmed the remaining convictions. See State v. Steven Paul Deskins, No. M2002-01808-CCA-R3-CD, 2003 WL 21957083 (Tenn. Crim. App., at Nashville, Aug. 14, 2003), perm. app. denied (Tenn. Jan. 5, 2004). The petitioner filed a petition for post-conviction relief alleging, inter alia, ineffective assistance of counsel. Following an evidentiary hearing, the post-conviction court denied post-conviction relief. After a thorough review of the record and the applicable authorities, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bryan John Drost
The Appellant, Bryan John Drost, was convicted by a Tipton County jury of possession of .5 grams or more of cocaine with the intent to deliver, and he was subsequently sentenced to ten years and six months confinement in the Department of Correction. On appeal, he challenges the trial court’s |
Tipton | Court of Criminal Appeals | |
Fredrick Sledge v. State of Tennessee
Petitioner, Fredrick Sledge, appeals the trial court’s dismissal of his petition for post-conviction relief. In this appeal, Petitioner argues that his counsel’s representation at trial was deficient because he failed to file a motion to suppress Petitioner’s statement to the police, and he failed to investigate Petitioner’s case or interview any witnesses. After a thorough review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Michael R. Harness
The defendant, Michael R. Harness, pled guilty to attempted aggravated sexual battery, a Class C felony, and the Union County Criminal Court sentenced him as a child rapist to five years to be served at one hundred percent in the Department of Correction. The defendant appeals, contending that the trial court erred in applying enhancement factors in sentencing, in denying him alternative sentencing, and in sentencing him as a child rapist to serve his sentence at one hundred percent. We hold the trial court erred in classifying the defendant as a child rapist, in applying an enhancement factor, and in failing to apply a mitigating factor based on the defendant's poor health. We modify his sentence to four years with a release eligibility of thirty percent to reflect his status as a Range I, standard offender. In all other respects, we affirm the judgment of the trial court, and we remand the case for entry of a judgment consistent with this opinion. |
Union | Court of Criminal Appeals | |
Jason Crawford v. State of Tennessee
The petitioner, Jason Crawford, appeals the denial of his petition for post-conviction relief. The single issue presented for review is whether he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Kenneth Beard
The defendant, Kenneth Beard, entered a plea of guilty to rape, a Class B felony. The trial court imposed a Range I, eight-year sentence. Although the defendant was granted probation, the first year was intensely supervised and the entire term involved special conditions of release. After violating the terms of probation by testing positive for cocaine use and serving nine months in jail, the defendant was reinstated to probation. Shortly thereafter, another probation violation warrant was issued and the trial court required the defendant to serve an additional year in jail as a part of a split confinement sentence. Upon review after the one year period of incarceration, the trial court ordered execution of the original judgment, requiring service of the balance of the term in prison. The judgment of the trial court must be reversed and the cause remanded for service of the sentence on conditional probation. |
Davidson | Court of Criminal Appeals | |
Cortez Bennett v. State of Tennessee
A jury convicted the Petitioner, Cortez Bennett, of first degree premeditated murder, felony murder, attempted first degree murder, and two counts of especially aggravated robbery. This court affirmed the convictions on direct appeal and the Tennessee Supreme Court denied review. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed after a hearing. The Petitioner appeals, contending that his trial counsel rendered ineffective assistance of counsel at trial. After thoroughly reviewing the record and the applicable law, we conclude that there exists no reversible error. Accordingly, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Harold Bernard Schaffer v. State of Tennessee
The petitioner pled guilty to one count of failure to appear in case number 00-99 stemming from the terms included in a previous guilty plea in case number 99-228. The petitioner then filed a petition for post-conviction relief stating he was afforded ineffective assistance of counsel in case number |
Dyer | Court of Criminal Appeals | |
Ashley Nesbitt v. State of Tennessee
A Shelby County jury convicted the petitioner of several crimes including first degree murder, attempted first degree murder, attempted first degree premeditated murder and aggravated robbery. On direct appeal, we reversed and dismissed the conviction for attempted first degree premeditated murder. The petitioner then filed a petition for post-conviction relief alleging several grounds. The post-conviction court denied his petition in a written order. We affirm the post-conviction court’s |
Shelby | Court of Criminal Appeals | |
Joe Davis Martin, Jr. v. State of Tennessee
The petitioner, Joe Davis Martin, Jr., appeals from the trial court's denial of his pro se petition for habeas corpus relief. In that petition, the petitioner sought a writ of habeas corpus to release him from his sentences for attempted first degree murder, first degree murder, and attempted second degree murder based on what he alleged was the trial court's improper interpretation and application of Tennessee Code Annotated section 40-35-115(a). 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 judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals |
