State of Tennessee v. Kenneth Carter
The defendant, Kenneth Carter, was indicted along with the co-defendant, Varnard Wheeler, for theft of property over $60,000. By agreement with the state, the defendant pled guilty to a reduced charge of attempt to commit theft of property over $60,000, a Class C felony with a Range I sentence of six years. The trial court denied judicial diversion and ordered a sentence of ninety days in jail followed by supervised probation. In this appeal of right, the defendant argues that the trial court erred first by denying judicial diversion and second by denying immediate probation. |
Shelby | Court of Criminal Appeals | |
Eric Bernard Chism v. State of Tennessee
The petitioner, Eric Bernard Chism, appeals from the Madison County Circuit Court’s dismissal of his petition for post-conviction relief, through which he had attacked his Madison County jury convictions of felony murder, especially aggravated kidnapping, aggravated rape, and aggravated sexual battery. The post-conviction court determined that the petitioner failed to establish his claims of ineffective assistance of trial counsel. We conclude that the record supports this adjudication and affirm the order. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Robert Bradley, Jr.
The Appellant, Clarence Keeley, d/b/a A-Bail Bond Company, appeals the order of the Lauderdale County Circuit Court denying his petition for reimbursement of the bond in the case of State of Tennessee v. Robert Bradley, Jr. On appeal, Keeley argues that the trial court erred in denying reimbursement of the $10,000 bail bond because (1) the circuit court was without jurisdiction to enter a forfeiture on the bond which secured Bradley’s appearance in the general sessions court and (2) Bradley’s guilty pleas to the charges released A-Bail Bond Company from its surety obligations. After review, we hold that the circuit court was without jurisdiction to enforce the bail bond. Accordingly, the judgment of the trial court is reversed, and reimbursement of the bond is ordered as provided below. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. William Henry Wilson
The Defendant, William Henry Wilson, pled guilty to one count of delivery of .5 grams or more of a schedule II controlled substance, and to one count of delivery of less than .5 grams of a schedule II controlled substance. The trial court sentenced the Defendant to an effective sentence of ten years, and the Defendant appeals, contending that his sentence is excessive. Finding no reversible error, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. William Henry Wilson
The Defendant, William Henry Wilson, pled guilty to one count of delivery of .5 grams or more of a schedule II controlled substance, and to one count of delivery of less than .5 grams of a schedule II controlled substance. The trial court sentenced the Defendant to an effective sentence of ten years, and the Defendant appeals, contending that his sentence is excessive. Finding no reversible error, we affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Michael Lee Hogan
The Defendant, Michael Lee Hogan, pled guilty to one count of selling less than .5 grams of a schedule II controlled substance, cocaine. In accordance with the plea agreement, the trial court sentenced the Defendant to twelve years in prison, as a Range II offender at thirty-five percent. The Defendant filed a motion to withdraw his guilty plea, which the trial court denied. The Defendant now appeals, contending that: (1) the trial court erred when it denied his motion to withdraw his guilty plea because his guilty plea was not knowingly and voluntarily entered; and (2) his sentence is illegal. Because the trial court erroneously determined that it lacked jurisdiction to hear the Defendant's motion to withdraw his guilty plea and, therefore, summarily denied the motion, we reverse and remand to the trial court for further proceedings. |
Dickson | Court of Criminal Appeals | |
Chris Haire v. State of Tennessee
The petitioner, Chris Haire, appeals the McMinn County Circuit Court's dismissal of his petition for post-conviction relief. After a thorough review of the record and applicable law, we affirm. |
McMinn | Court of Criminal Appeals | |
Rearno Vaughn v. State of Tennessee
The Petitioner, Rearno Vaughn, was convicted of one count of first degree murder, two counts of attempted first degree murder, two counts of attempted second degree murder, and one count of reckless endangerment, and the trial court sentenced him to an effective sentence of life plus twenty-two years. This Court affirmed the convictions and sentences on appeal. The Petitioner subsequently 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 because he was denied the effective assistance of counsel. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Sumner | Court of Criminal Appeals | |
State of Tennessee v. Timothy D. Prince
The appellant, Timothy D. Prince, was indicted by the Williamson County Grand Jury for one count of possession of marijuana. Prior to trial, the appellant filed a motion to suppress the evidence. The trial court denied the motion and found the appellant guilty of possession of marijuana after a bench trial. As a result, the trial court sentenced the appellant to serve eleven (11) months and twenty-nine (29) days in the county jail. After the denial of a motion for new trial and an amended motion for new trial, the appellant filed a timely notice of appeal. On appeal, the appellant challenges: (1) the trial court's denial of the motion to suppress; (2) the sufficiency of the evidence despite the possibility of missing evidence; and (3) the sentence imposed by the trial court. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Derrick Le'mon Goode
On appeal, the defendant challenges the revocation of his probation; specifically, he contends that the trial court erred in revoking his probation based on the new charge of possession of prohibited weapons (sawed-off shotguns) when the weapons were not entered into evidence and their length was only estimated but never measured. Upon our review, we conclude that the deputy's estimation of the length of the weapons is sufficient to support revocation. Moreover, it is uncontroverted that the defendant had an outstanding payments owed to the court, which constitutes an additional ground for revocation. We affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Holly Lynn Perryman
The defendant, Holly Lynn Perryman, was found guilty by a Marshall County jury of facilitation of aggravated robbery, a Class C felony, and was sentenced as a Range I, standard offender to four years and six months, with nine months to be served in the county jail and the remainder on probation, the first year of which was to be in community corrections. She raises two issues on appeal: (1) whether the evidence was sufficient to sustain her conviction; and (2) whether her sentence is excessive. Following our review, we conclude that the evidence is sufficient to sustain the conviction but that her conviction for this offense, which is a crime of violence, makes her ineligible for community corrections. Accordingly, we vacate her sentence and remand for resentencing. |
Marshall | Court of Criminal Appeals | |
James Allen Bowers v. State of Tennessee
The petitioner, James Allen Bowers, appeals the post-conviction court's denial of his petition for post-conviction relief. In this appeal, the petitioner alleges (1) that he was denied the effective assistance of counsel at trial and on appeal; (2) that the state failed to disclose evidence favorable to his defense in violation of the requirements of Brady v. Maryland, 373 U.S. 83 (1963); and (3) that the post-conviction court erred by refusing to allow expert testimony on the issue of the performance of his trial and appellate counsel. The judgment of the post-conviction court is affirmed. |
Bledsoe | Court of Criminal Appeals | |
State of Tennessee v. Neil M. Friedman
The appellant, Neil M. Friedman, pled guilty to misdemeanor assault and was sentenced to eleven months and twenty-nine days to be served on probation. While serving his sentence, the appellant pled guilty in the Sullivan County Criminal Court to aggravated assault and violating his probation. For the aggravated assault conviction, the trial court sentenced him to three years and granted his request for full probation. The trial court also revoked his misdemeanor probationary sentence and ordered him to serve his original sentence as ninety days in jail and the remainder on probation. Subsequently, a probation violation warrant was filed, and the trial court revoked probation and ordered the appellant to serve both sentences in confinement. On appeal, the appellant argues that the trial court did not have jurisdiction to revoke his misdemeanor probationary sentence because the sentence expired before the revocation warrant was issued. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court but remand for entry of a corrected judgment as to the aggravated assault. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Rose Mary Adams
After the trial court denied her motion to suppress, the defendant, Rose Mary Adams, entered a best interest guilty plea to possession with intent to deliver a Schedule II controlled substance, methamphetamine, a Class C felony, and to possession of drug paraphernalia, a Class A misdemeanor. After conducting a sentencing hearing, the trial court sentenced the defendant to four years in the Community Correction program after four months of service in the county jail and fined the defendant $2,000 for the possession with intent to sell conviction. For the possession of drug paraphernalia conviction, the defendant received a concurrent sentence of eleven months and twenty-nine days with all but four months suspended. The defendant now appeals a certified question of law challenging the trial court’s denial of her motion to suppress the evidence. We affirm the judgment of the trial court. |
Weakley | Court of Criminal Appeals | |
Brad Everett Jones v. State of Tennessee
The petitioner appeals the denial of his petition for post-conviction relief from his convictions for felony evading arrest, possession of a Schedule VI controlled substance, and driving on a revoked license, arguing that the post-conviction court erred in finding that his guilty pleas were knowing and voluntary and that he received the effective assistance of trial counsel. Following our review, we affirm the denial of the petition. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Lyle Van Ulzen and Billy J. Coffelt
The defendants, inmates at Riverbend Penitentiary, successfully temporarily escaped from custody while being transported to a court appearance. At trial, Defendant Van Ulzen was convicted of two counts of aggravated robbery (Class B felony), two counts of aggravated assault (Class C felony), four counts of false imprisonment (misdemeanor), one count of theft (misdemeanor), and pled guilty to one count of felony escape (Class E felony). Defendant Coffelt was convicted of one count of aggravated assault (Class C felony), three counts of theft (misdemeanor), four counts of false imprisonment (misdemeanor), and one count of felony escape (Class E felony). On appeal, Defendant Van Ulzen appeals his convictions and sentence. Defendant Coffelt appeals aspects of his convictions. Upon review of Defendant Van Ulzen's appeal, we reverse and dismiss one count of aggravated assault as violative of double jeopardy. All other convictions and judgments as to both defendants are affirmed. We remand for correction of judgments as to Defendant Coffelt. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Vermeal
The appellant, Joseph Vermeal, was convicted by a jury in the Warren County Circuit Court of aggravated sexual battery and was sentenced to nine years incarceration in the Tennessee Department of Correction. On appeal, the appellant alleges that the evidence was insufficient to support his conviction, and he contends that the trial court erred in refusing to permit his expert witness to testify. Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Leon James Anderson
The appellant, Leon James Anderson, was indicted by the Williamson County Grand Jury for driving under the influence ("DUI"), speeding, driving with a revoked license, and fourth offense DUI. The appellant was convicted by a jury on the first three counts, and waived his right to a jury for the fourth offense DUI charge. The trial court found the appellant guilty of fourth offense DUI. The appellant was sentenced by the trial court to two (2) years for the driving under the influence fourth offense, thirty days for speeding, and six months for driving on a revoked license, all to be served concurrently. After the denial of a motion for new trial, this appeal ensued. On appeal, the appellant challenges the sufficiency of the evidence and contends his sentence is excessive. Because the evidence is sufficient to support the convictions and the sentence is not excessive, we affirm the judgment of the trial court. However, we remand the matter to the trial court for the limited purpose of correcting errors in some of the judgments. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Kendrick Lamont Brooks
The Appellant, Kendrick Lamont Brooks, appeals the revocation of his probation by the Madison County Circuit Court. On appeal, Brooks argues that the trial court was without authority to revoke his probation because the violation warrant was issued after his sentence had expired. Finding this argument without merit, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Darrell Anderson v. State of Tennessee
On May 14, 2004, the petitioner filed a petition for post-conviction relief to challenge his 2002 Madison County Circuit Court conviction of assault and aggravated assault. See State v. Darrell M. Anderson, No. W2002-01269-CCA-R3-CD (Tenn. Crim. App., Jackson, May 15, 2003). The postconviction |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Robert Wayne Pryor
A Bedford County jury convicted the defendant, Robert Wayne Pryor, of robbery, a Class C felony. Following a sentencing hearing, the trial court sentenced him as a Range I, standard offender to five years and six months in the Department of Correction consecutive to sentences in another case for which he was on probation. In this appeal, the single issue presented for our review is whether the evidence was sufficient to support the conviction. We affirm the judgment of the trial court. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Brooks Jonathan Lee
The Defendant was found guilty by jury verdict of second offense driving under the influence of an intoxicant (DUI), simple possession of marijuana, and possession of drug paraphernalia, all Class A misdemeanors. He was sentenced to concurrent sentences of eleven months and twenty-nine days with eighty-five days to be served, had his driver's license suspended for two years, and was fined a total of $3,150. The Defendant now appeals his DUI conviction claiming: 1) the trial court erred in admitting testimony from an expert witness; and 2) the evidence was insufficient to support his DUI conviction. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
State of Tennessee v. Charles Tawwater
The defendant, Charles Tawwater, pled guilty in Franklin County Circuit Court to facilitation of the manufacture of methamphetamine, a Class D felony, and received two years probation in the Community Corrections Program. The defendant appeals upon certified questions of law from the |
Franklin | Court of Criminal Appeals | |
Billy James Matthews v. Warden Glenn Turner
The petitioner appeals the trial court’s denial of his petition for habeas corpus relief. Upon our review, we conclude that the petitioner has failed to allege any ground that would render the judgment void. Therefore, we affirm the judgment of the lower court pursuant to Tennessee Court of Criminal Appeals Rule 20. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Jason Cook
A Weakley County jury convicted the Defendant, Jason Cook, of three counts of forgery and three counts of facilitation of forgery. The Defendant now appeals, contending that the evidence was insufficient to sustain his convictions. Finding no error in the judgments of the trial court, we affirm the Defendant’s convictions. |
Weakley | Court of Criminal Appeals |
