State of Tennessee v. Bill Vaughn Halton
The Defendant, Bill Vaughn Halton, pled guilty to three counts of sexual battery and to one count of sexual assault. The Defendant filed a petition to suspend fees and court costs. After a hearing, the trial court waived the Defendant's counseling and probation fees, but concluded that it had no authority to waive the Defendant's court costs. On appeal, the Defendant contends that the trial court erred when it refused to waive court costs. After thoroughly reviewing the record and the applicable authorities, we remand this case to the trial court to consider whether or not the Defendant's court costs should be waived. |
Cheatham | Court of Criminal Appeals | |
Roy Wilson v. State of Tennessee
The petitioner, Roy Wilson, pled guilty to four (4) counts of aggravated rape, eleven (11) counts of especially aggravated kidnapping, seven (7) counts of aggravated robbery, and two (2) counts of aggravated burglary, for convictions stemming from multiple indictments. As a result of the guilty |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Ken Childress
The appellant, Ken Childress, was convicted by a jury of attempted first degree murder and aggravated criminal trespass. The trial court sentenced the appellant to an effective sentence of twenty-five (25) years. On appeal, the appellant challenges the sufficiency of the evidence and his sentence as improper in light of the United States Supreme Court’s decision in Blakely v. Washington, 542, U.S. 296, 124 S. Ct. 2531 (2004). Because the evidence is sufficient to support the convictions and the Tennessee Supreme Court has determined that Blakely has no effect in Tennessee, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Brian L. Woods v. State of Tennessee
The Appellant, Brian L. Woods, appeals the Dyer County Circuit Court’s denial of his petition for post-conviction relief. On appeal, Woods argues that he was denied his Sixth Amendment right to the effective assistance of counsel. After review of the record, we affirm the denial of post-conviction relief. |
Dyer | Court of Criminal Appeals | |
Gerald Buchanan v. Glen Turner, Warden and the State of Tennessee
The petitioner, Gerald Buchanan, appeals the Hardeman County Circuit Court’s summary dismissal of his petition for habeas corpus relief from his conviction for first degree murder and resulting sentence of life imprisonment. He claims his judgment of conviction is void because it classifies his release eligibility status as thirty percent in violation of our statutory sentencing scheme. We affirm the trial court. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Travis Young
The appellant, Travis Young, was convicted by a jury of especially aggravated kidnapping, especially aggravated robbery, and criminal attempt to commit second degree murder. As a result, the appellant was sentenced to an effective sentence of twenty (20) years. After the denial of a motion for new trial, the appellant appealed. On appeal, the following issues are presented for our review: (1) whether the evidence is sufficient to sustain the jury verdict; (2) whether the trial court improperly refused to dismiss the especially aggravated kidnapping charge; and (3) whether the trial court improperly instructed the jury with regard to especially aggravated kidnapping and especially aggravated robbery. After a thorough review of the record and applicable authority, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Aleta Renee Souder
The defendant, Aleta Renee Souder, appeals her Sullivan County effective incarcerative sentence of 18 months on her guilty-pleaded convictions for possession of more than one-half ounce of marijuana for resale, a Class E felony, two counts of possession of drug paraphernalia, a Class A misdemeanor, and unlawful possession of a switchblade knife, a Class A misdemeanor. The defendant had sought a probationary sentence or some form of alternative sentencing, which the trial court rejected. Our review of the record discloses no basis to disturb the trial court's sentencing decision, and we affirm the judgments. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Jared C. Brown
The appellant, Jared C. Brown, pled guilty in the Davidson County Criminal Court to possession of over ten pounds of marijuana with the intent to sell or deliver, and he received a sentence of two years. As a condition of his plea, the appellant reserved a certified question of law regarding the validity of a search warrant. Upon review of the record and the parties' briefs, we conclude that the question is not dispositive of the appellant's case and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
James O. Martin v. State of Tennessee
The Appellant, James O. Martin, appeals the denial of his petition for post-conviction relief by the Knox County Criminal Court. Martin is currently serving a twenty-two year sentence as a result of his jury conviction for aggravated arson. On appeal, Martin argues that the trial court erred "by failing to grant post-conviction relief." Specifically, he argues that his conviction was unlawfully obtained as a result of juror misconduct and bias of the juror at his trial. After review of the record, the denial of post-conviction relief is affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Gary Lee Silcox
The Defendant, Gary Lee Silcox, was convicted of criminally negligent homicide, aggravated assault, and theft of property valued over $1000. The trial court sentenced the Defendant to an effective sentence of ten years. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain his conviction for criminally negligent homicide; and (2) the trial court improperly ordered that the Defendant's sentences run consecutively. Finding no reversible error, we affirm the judgments of the trial court. |
Campbell | Court of Criminal Appeals | |
Shannon Wade Jacobs v. State of Tennessee
The petitioner, Shannon Wade Jacobs, filed a petition for post-conviction relief from his 2000 jury conviction of second degree murder in the Giles County Circuit Court, for which he received a sentence of 23 years in the Department of Correction. After the post-conviction court appointed counsel for the petitioner and conducted an evidentiary hearing, the court dismissed the petition. The petitioner appeals. Upon our review, we affirm the denial of post-conviction relief. |
Giles | Court of Criminal Appeals | |
State of Tennessee v. Kevin Smith
The defendant, Kevin Smith, was convicted of two counts of spousal rape and one count of aggravated assault, both Class C felonies. After merging the aggravated assault conviction with one of the spousal rape convictions, the trial court sentenced the defendant as a Range I, standard offender to six years for each rape conviction, to be served consecutively, for an effective sentence of twelve years. The issues on appeal are whether the trial court properly concluded that the defense would open the door for the victim to testify about the defendant’s prior bad acts if asked why she did not resist the assault and whether the trial court properly sentenced the defendant. Following our review, we affirm the trial court’s judgments. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Mandell Benton
The defendant, Mandel Benton, who was originally charged with statutory rape, was convicted of attempted statutory rape. The trial court imposed a sentence of one hundred and eighty days to be served in the county jail. In this appeal, the defendant asserts that the evidence is insufficient to support the conviction. The judgment is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Thomas Allen Franks, II
The defendant, Thomas Allen Franks, II, was convicted of aggravated burglary, aggravated assault, evading arrest, and resisting arrest. The trial court imposed consecutive sentences of ten years for aggravated burglary and six years for aggravated assault. There were concurrent sentences of eleven months and twenty-nine days each for misdemeanor evading arrest and resisting arrest. The effective sentence is, therefore, sixteen years. In this appeal as of right, the single issue presented for review is whether the trial court erred by declining to grant a continuance or other relief when the state filed notice of its intent to use impeaching convictions just before the beginning of the trial. The judgments are affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Cortez D. Hubbard
The Appellant, Cortez D. Hubbard, appeals the sentencing decision of the Shelby County Criminal Court which resulted in the imposition of an effective eight-year sentence of incarceration. On appeal, Hubbard challenges the trial court’s denial of alternative sentencing. After review of the record, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
James Rimmer v. State of Tennessee
The petitioner, James Rimmer, appeals from the Shelby County Criminal Court’s denial of his petition seeking post-conviction relief on the ground of ineffective assistance of counsel. After a thorough review of the issues and applicable law, we affirm the judgment of the lower court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. John Dillihunt
The defendant, John Dillihunt, was convicted of delivery of less than .5 grams of cocaine within 1000 feet of a school, a Class B felony, for which he was sentenced as a Range I, standard offender, to eight years in the Department of Correction to be served at 100% and fined $7500. On appeal, although the defendant raises four issues, we believe they can be condensed into one: whether the evidence was sufficient to support his conviction. Following our review, we affirm the judgment of the trial court but remand for entry of a corrected judgment. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gregory Mullins
The defendant, Gregory Mullins, was convicted of two counts of violating the vehicle registration law, two counts of driving on a suspended license, two counts of criminal impersonation, one count of speeding, one count of misdemeanor evading arrest, and one count of felony evading arrest. The trial court imposed a Range III, career offender sentence of six years for the felony evading arrest offense; concurrent terms of forty-five days for each of the driving on a suspended license offenses; eleven months, twenty-nine days for the misdemeanor evading arrest offense; and forty-five days for each of the criminal impersonation offenses. In addition, the defendant was fined $50 for each of the vehicle registration offenses; $50 for the speeding offense; $500 for each of the driving on a suspended license offenses; $3,000 for the felony evading arrest offense; $2,500 for the misdemeanor evading arrest offense; $500 for one of the impersonation offenses; and $250 for the remaining impersonation offense. In this appeal, the defendant asserts that the evidence is not sufficient to support several of his convictions and that the dual convictions for misdemeanor evading arrest and felony evading arrest violate principles of double jeopardy. Because the convictions for felony and misdemeanor evading arrest violate the principles of double jeopardy, the conviction for misdemeanor evading arrest must be merged into the conviction for felony evading arrest. Otherwise, the judgment of the trial court is affirmed. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Gregory Mullins - Dissenting
I concur in the majority’s decision finding the evidence sufficient to support the Defendant’s convictions for violating the vehicle registration law, speeding, driving on a suspended license, and felony evading arrest. I respectfully disagree that principles of double jeopardy under Tennessee’s constitution require the merger of the Defendant’s conviction for misdemeanor evading arrest with his felony evading arrest conviction. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Larry Dale Driver
The Robertson County Circuit Court convicted the defendant, Larry Dale Driver, of assault, a Class A misdemeanor, following a bench trial. The trial court imposed a sentence of eleven months, twenty-nine days, with probation following 180 days in jail. On appeal, the defendant contends that the evidence was insufficient to support his conviction and that the trial court erred by denying him judicial diversion. We affirm the trial court. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Samuel T. Cravens
The defendant, Samuel T. Cravens, was convicted by a Fentress County jury of two counts of vehicular assault and one count of assault. The defendant argues on appeal that the evidence fails to support the convictions because the witness testimony upon which the convictions are based is inherently impossible and irreconcilable with the physical evidence and because the state failed to prove that the defendant's intoxication was the proximate cause of the victims' injuries. After thoroughly reviewing the record and applicable authorities, we find sufficient evidence to support the convictions and, therefore, affirm the trial court's judgments. |
Fentress | Court of Criminal Appeals | |
State of Tennessee v. Lawrence Ralph, Sr.
Following a jury trial, Defendant, Lawrence Ralph, Sr., was convicted of failure to display a driver's license, a Class C misdemeanor; resisting arrest, a Class B misdemeanor; and simple possession of a Schedule III controlled substance, a Class A misdemeanor. The trial court sentenced Defendant to concurrent terms of thirty days for his failure to display a driver's license conviction, six months for his resisting arrest conviction, and eleven months, twenty-nine days for his simple possession conviction, for an effective sentence of eleven months and twenty-nine days. The trial court suspended all but 120 days of Defendant's effective sentence, and placed Defendant on probation. Defendant does not challenge the sufficiency of the evidence supporting his conviction for simple possession. On appeal, Defendant argues that: (1) the trial court erred in denying his motion to suppress; (2) the evidence was insufficient to support his convictions for resisting arrest and failure to display a driver's license; and (3) the trial court erred in determining the percentage of Defendant's effective sentence which must be served in confinement. After a review of the record, we affirm the judgments of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Earnest Gwen Humphrey - Concurring
I concur in the majority opinion, but I believe one issue deserves further |
White | Court of Criminal Appeals | |
State of Tennessee v. Earnest Gwen Humphrey
The appellant, Earnest Gwen Humphrey, was convicted by a jury in the White County Criminal Court of second degree murder. The trial court imposed a sentence of twenty-two years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises multiple issues for our review, including challenges to the voir dire of the jury, the sufficiency of the evidence, prosecutorial misconduct, and the jury instructions. Upon our review of the record and the parties’ briefs, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals | |
Reginald D. Baldon v. State of Tennessee
The petitioner challenges the denial of his post-conviction petition, which asserted various instances of ineffective assistance of counsel. Upon review, we conclude that the evidence does not preponderate against the post-conviction court’s findings; therefore, we affirm. |
Lauderdale | Court of Criminal Appeals |
