State of Tennessee v. Kerry D. Hewson
The defendant, Kerry D. Hewson, appeals from his Williamson County Circuit Court convictions of aggravated assault, for which he received an incarcerative sentence of six years, and reckless endangerment, for which he received a concurrent incarcerative sentence of two years. On appeal, he challenges the sufficiency of the convicting evidence, the lack of a jury instruction on reckless driving as a lesser included offense of reckless endangerment, and the trial court's sentencing determinations. Following our review, we affirm the convictions but modify the sentencing determinations. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Steven Bradley Heflin
The defendant, Steven Bradley Heflin, was originally indicted for aggravated assault with a deadly weapon, a Class C felony. The defendant entered an open plea of guilty to reckless aggravated assault with a deadly weapon, a Class D felony, pursuant to Tennessee Code Annotated section 39-13-102(a)(2)(B), as a Range I, standard offender. The defendant was sentenced to four years, to serve nine months with the remainder on probation. The defendant now appeals the sentence, contending that certain enhancement factors were applied in error and that one mitigating factor was improperly rejected. After review, we remand the cause to modify the sentence to three years, to serve nine months and the remainder on probation. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lajun M. Cole, Sr.
This is an appeal from convictions on a jury verdict of criminal trespass of a habitation, especially aggravated kidnapping, misdemeanor reckless endangerment, and theft of property over $1,000. The Defendant was sentenced to eleven months and twenty-nine days for his misdemeanor trespass and reckless endangerment convictions, two years for his theft conviction, and twenty years as a violent offender for his especially aggravated kidnapping conviction. All of the sentences were to be served concurrently for an effective twenty year term of incarceration in the Department of Correction. On appeal, the Defendant challenges only his conviction for especially aggravated kidnapping, asserting there is insufficient evidence to support a conviction for this offense. We affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Patrick Hyder
A Washington County Criminal Court jury convicted the defendant, Patrick Hyder, of two counts of aggravated sexual battery, a class B felony, and the trial court sentenced him to eight years for each count to be served concurrently in the Department of Correction. The defendant appeals, contending that the trial court erred in reassembling the jury to announce its verdict and polling the jury after it had been discharged. We affirm the judgments of the trial court. |
Washington | Court of Criminal Appeals | |
State of Tennessee v. Joe Shelton Berry
The defendant, Joe Shelton Berry, pled no contest to one count of rape. The trial court sentenced the defendant to eight years at 100%, but suspended service of the sentence and placed him on supervised probation. Thereafter, the trial court revoked the defendant's probation and placed his entire sentence into effect. On appeal, the defendant challenges the trial court's revocation of his probation. Following our review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Harvey Lillard Webb
The defendant, Harvey Lillard Webb, was indicted for premeditated first degree murder. He was convicted by a jury of the lesser-included offense of second degree murder. He was sentenced to twenty years in confinement as a violent offender. On appeal, the defendant challenges the sufficiency of the convicting evidence. After review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Dennis Hodges
A Shelby County Criminal Court jury convicted the appellant, Dennis Hodges, of two counts of voluntary manslaughter. The trial court merged the first count into the second count and sentenced the appellant to fifteen years as a Range III, persistent offender. In this appeal, the appellant claims (1) that the evidence is insufficient to support the convictions, (2) that the State made improper closing argument, and (3) that his sentence is excessive. Upon review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Herman Parham
The defendant, Herman Parham, was convicted of two counts of second degree murder. The trial court merged the convictions and imposed a sentence of twenty-five years. In this appeal, the defendant asserts that the evidence is insufficient to support the conviction, that the trial court erred by instructing the jury on flight, and that the sentence is excessive. The judgment of the trial court is affirmed. |
Shelby | Court of Criminal Appeals | |
Joseph Miles v. State of Tennessee
The petitioner, Joseph Miles, appeals from 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. The judgment is affirmed. |
Robertson | Court of Criminal Appeals | |
Jay Homer Chambers v. State of Tennessee
The pro se petitioner, Jay Homer Chambers, appeals the summary dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred by dismissing his petition without appointing counsel or holding an evidentiary hearing. Following our review, we reverse the summary dismissal of the petition and remand for reconsideration of the petitioner's claim that appellate counsel was ineffective. |
Scott | Court of Criminal Appeals | |
Rolando Contreras v. State of Tennessee
The petitioner, Rolando Contreras, appeals the denial of post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Antowan Antonio Williams
The defendant, Antowan Antonio Williams, pleaded guilty to attempted aggravated robbery. After conducting a sentencing hearing, the trial court ordered the defendant to serve a 2.7 year probationary sentence as a mitigated offender but denied the defendant's request for judicial diversion. The defendant now brings the instant appeal challenging the trial court's denial of judicial diversion. After a thorough review of the record and applicable law, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Wayne E. Mitchell v. Ricky Bell, Warden
The Defendant, Wayne E. Mitchell, appeals from the trial court's dismissal of his petition seeking habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's dismissal of the petition 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 | |
Michael Shane Holt v. State of Tennessee
The Defendant, Michael Shane Holt, pled guilty to three counts of money laundering and was sentenced as a Range I, standard offender to three concurrent terms of eight years. He subsequently filed a petition for post-conviction relief, alleging that his guilty pleas were constitutionally infirm and that he received ineffective assistance of counsel in conjunction with his pleas. After an evidentiary hearing, the trial court denied relief. This appeal followed. We affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael N. Smith
The trial court found the defendant, Michael N. Smith, guilty of possession of a controlled substance with intent to sell or deliver and possession of drug paraphernalia. On appeal, the defendant argues that the trial court erred in denying his motion to suppress evidence seized as a result of an investigatory stop. Following our review, we affirm the decision of the trial court. |
Coffee | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Hopkins
The defendant, Jeffery Allen Hopkins, appeals his Tipton County convictions of first degree felony murder and especially aggravated robbery, arising from the December 20, 2003 shooting death of Ricky Lumpkin. The defendant received a sentence of life imprisonment with the possibility of parole for the felony murder conviction and 20 years for the especially aggravated robbery conviction. On appeal, the defendant contests the sufficiency of the evidence to support these convictions. Unpersuaded that the state’s evidence was legally insufficient, we affirm the trial court’s judgments. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Rodney Buford
The Appellant, Rodney Buford, was convicted by a Davidson County jury of especially aggravated robbery and aggravated burglary. He was sentenced to consecutive sentences of twenty-five years for especially aggravated burglary and six years for aggravated burglary for an effective thirty-one year sentence. On appeal, Buford argues: (1) that the trial court erred in denying his motion for a bill of particulars; and (2) that his sentences are excessive, and the trial court erred in imposing consecutive sentences. After review of the record, we affirm the judgments of conviction and resulting sentences. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. John Thomas Bingham
The defendant, John Thomas Bingham, was convicted by jury of possession of contraband (marijuana) in a penal institution, a Class C felony. The trial court sentenced the defendant to five years six months for this conviction. The trial court ordered this sentence to be served consecutively to a previously imposed sentence. On appeal, the defendant challenges the sufficiency of the convicting evidence. Based upon our review, we affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
Richard A. Childress v. State of Tennessee
The Defendant, Richard A. Childress, appeals from the trial court's dismissal of his petition seeking habeas corpus relief. The State has filed a motion requesting that this Court affirm the trial court's dismissal of the petition 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 | |
State of Tennessee v. Jermaine Nelson
Originally indicted for second degree murder, Defendant, Jermaine Nelson, was convicted of voluntary manslaughter, a Class C felony, following a jury trial. The trial court sentenced him to serve ten (10) years in the Department of Correction as a Range II offender. Defendant’s sole issue on appeal is that the trial court erred when it sentenced him as a Range II offender. We agree, and affirm the conviction, but reverse the sentence and remand for an amended judgment imposing a Range I sentence of six (6) years. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Mike Edwards
Following a jury trial, Defendant was convicted of aggravated robbery, a Class B felony. The trial court sentenced Defendant as a Range II, multiple offender to seventeen years in the Tennessee Department of Correction. Defendant does not challenge the length of his sentence. In this appeal, |
Henry | Court of Criminal Appeals | |
Maurice Garrett v. State of Tennessee
The Appellant, Maurice Garrett, appeals the Lauderdale County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Garrett argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After a review of the record, we affirm the denial of post-conviction relief. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Hezzie Bonds
This is a direct appeal as of right from a jury conviction of aggravated rape and criminal exposure of another to HIV. The trial court sentenced the Defendant to consecutive terms of twenty-five years and six years, for an effective sentence of thirty-one years. On appeal, the Defendant raises only one issue: there is insufficient evidence to find him guilty of the two offenses for which he was convicted. We affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
Montea Wilson aka Marcus Floyd v. State of Tennessee
The petitioner, Montea Wilson, aka Marcus Floyd, was convicted by a jury of felony murder and attempted especially aggravated robbery in 2000. The jury sentenced the petitioner to life in prison without the possibility of parole for the felony murder conviction, and the trial court merged the |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gloria A. Porter
Aggrieved of her convictions of possession of cocaine with intent to manufacture, sell, or deliver and of simple possession of marijuana, the defendant, Gloria A. Porter, appeals. Because we have determined that the evidence was insufficient to support the convictions, we reverse and remand the case to the trial court for dismissal of the charges. |
Hardin | Court of Criminal Appeals |
