State of Tennessee v. Braddie Eric Sullivan
The state was granted an extraordinary appeal pursuant to Rule 10, T.R.A.P., to challenge the Lincoln County Circuit Court's denying its motion to use statements made by the defendant, Braddie Eric Sullivan, to his attorney for impeachment purposes in his first degree murder and especially aggravated robbery trial. We affirm the trial court's denial of the state's motion. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Joe Calvin Boyce
A Hardeman County jury convicted the Defendant, Joe Calvin Boyce, of one count of theft of property valued between $1,000 and $10,000 and one count of attempted theft of property valued between $500 and $1,000. The trial court sentenced the Defendant, as a career offender, to twelve years in prison for the theft conviction and six years for the attempted theft conviction, to be served concurrently. The Defendant appeals, contending: (1) the evidence presented at trial is insufficient to sustain his convictions; and (2) the trial court erred when it sentenced him. On appeal, we vacate the Defendant’s six year sentence for attempted theft, and impose a sentence of eleven months and twenty-nine days for that conviction. The Defendant’s convictions and his sentence for theft are affirmed. |
Hardeman | Court of Criminal Appeals | |
Mario Pendergrass v. State of Tennessee
The petitioner appeals the summary dismissal of his petition for post-conviction relief, arguing that he should have been appointed post-conviction counsel and given an evidentiary hearing. We conclude that the petitioner presents a colorable claim for relief under the more lenient standards afforded a pro se petition. Accordingly, we reverse the summary dismissal of the petition and remand the case to the post-conviction court for the appointment of counsel. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James D. Nicholson
On appeal, the defendant challenges the trial court’s denial of his motion to suppress. After careful review, we conclude that, under the facts presented, the defendant was seized when the officers instructed the defendant to “hold up,” pursued him on foot, and eventually apprehended him. Moreover, we hold that the detectives lacked reasonable suspicion or probable cause to effectuate the stop. Therefore, we reverse the findings of the trial court, the evidence flowing from the illegal seizure is suppressed, the defendant’s conviction is vacated, and the charges are dismissed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James D. Nicholson - Dissenting
I would affirm the judgment of the trial court. In my view, the defendant was not seized when the officer directed him to "hold up." Further, the defendant's flight, coupled with his presence in an area known for drug trafficking, provided the officers with reasonable suspicion to pursue and detain him for further inquiry. That he was not a resident of the housing project, refused to provide his name or identification, and refused to provide the name of the individual he claimed to be visiting established probable cause to arrest him for trespassing. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Billy Britton, III
The defendant challenges his convictions for first degree premeditated murder and felony unlawful possession of a weapon. Specifically, he contends that: 1) the evidence was insufficient to support the element of premeditation; 2) the trial court improperly admitted the statement made by the victim identifying the defendant as the shooter; and 3) the trial court improperly denied his request for judicial use immunity for a prospective defense witness. After careful review of the record and applicable law, we affirm the convictions. |
Davidson | Court of Criminal Appeals | |
Carl Johnson v. State of Tennessee
The petitioner, Carl Johnson, was convicted by a jury in the Shelby County Criminal Court of especially aggravated robbery, and he received a sentence of twenty-five years in the Tennessee Department of Correction. Subsequently, the petitioner filed for post-conviction relief, alleging numerous instances of ineffective assistance of counsel. The post-conviction court dismissed the petition without conducting a full evidentiary hearing. The petitioner now appeals the dismissal of his petition. Upon our review of the record and the parties’ briefs, we reverse the post-conviction court’s dismissal of the petition and remand for an evidentiary hearing. |
Shelby | Court of Criminal Appeals | |
William David Farrar v. State of Tennessee
The Petitioner, William David Farrar, pled guilty to one count of burglary, and the trial court sentenced him to five years in prison, to be served consecutively to another sentence in Marshall County. The Petitioner did not perfect a direct appeal, but later filed a pro se petition for post-conviction relief, which was amended by appointed counsel. After a hearing, the post-conviction court dismissed the petition, and the Petitioner now appeals, contending that the post-conviction court erred because his trial counsel was ineffective. Finding no reversible error, we affirm the judgment of the post-conviction court. |
Bedford | Court of Criminal Appeals | |
Michael Dwayne Carter v. State of Tennessee
The petitioner, Michael Dwayne Carter, pled guilty in May of 2002 to two counts of forgery, one count of felony theft, two counts of misdemeanor theft, one count of misdemeanor evading arrest and one count of burglary of a vehicle in exchange for an effective sentence of six years and acceptance into a "Drug Court" program. The trial court set a sentencing date. Prior to sentencing, the petitioner was charged with several other offenses. In October of 2002, the petitioner appeared for sentencing on the previous guilty pleas and entered guilty pleas on four additional counts of forgery. By agreement, the petitioner's sentences on the subsequent offenses were considered with the prior offenses, resulting in an effective ten-year sentence for all of the charged offenses. The petitioner subsequently filed a petition for post-conviction relief alleging ineffective assistance of counsel. The trial court denied the petition. For the following reasons, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Anthony Jackson v. State of Tennessee
In this case, the Appellant, Anthony Jackson, has appealed from the trial court's order summarily dismissing, without an evidentiary hearing, his petition for writ of habeas corpus. The State has filed a motion for the trial court's judgment to be affirmed pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. We grant the motion and affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
Stacy Dewayne Ramsey v. State of Tennessee
Appellant, Stacy Dewayne Ramsey, filed a petition for post-conviction relief challenging his conviction for first degree murder and sentence of life without the possibility of parole. The petition was timely filed. Approximately two months after the petition was filed, the post-conviction court entered an order summarily dismissing the petition without a hearing. Appellant has appealed from this order, and the State concedes that the matter should be reversed and remanded for proceedings in accordance with Post-Conviction Procedure Act. We agree and accordingly, reverse the judgment of the post-conviction court and remand this matter for proceedings in accordance with the Post-Conviction Procedure Act. |
Montgomery | Court of Criminal Appeals | |
Shamain Johnson v. State of Tennessee
The Appellant, Shamain Johnson, appeals the dismissal of his petition for post-conviction relief. On appeal, Johnson collaterally challenges his convictions for class B felony possession of cocaine and two counts of sale of a counterfeit controlled substance, class E felonies. In support of his arguments, Johnson contends that: (1) his community corrections sentences, resulting from these convictions, were not statutorily authorized; (2) his plea agreement, with regard to his convictions for sale of a counterfeit controlled substance, "constitutes a plea to a non-existent offense and is therefore void;" and (3) his guilty pleas to the offenses were not knowingly or voluntarily entered. After review, we affirm the dismissal. |
Davidson | Court of Criminal Appeals | |
Ralph E. Scates v. State of Tennessee
The appellant, Ralph E. Scates, pled guilty to two counts of theft, attempted misdemeanor theft, and simple possession of marijuana. He was placed on unsupervised probation for eleven (11) months and twenty-nine (29) days. In January of 2004, the appellant filed a petition to expunge and seal records in both the cases in which he pled guilty and in previous cases, including several that had been dismissed or in which the grand jury had not returned a true bill. The trial court dismissed the petition. The appellant filed a timely notice of appeal challenging the trial court’s dismissal of the petition. Because the trial court properly denied the petition for expungement as to the cases which resulted in convictions, we affirm that portion of the trial court’s judgment. Because the trial court improperly denied expungement of the records relating to cases which were dismissed or where a no true bill was returned by the grand jury, we remand the case to the trial court for expungement of those records. Accordingly, we affirm in part, reverse in part, and remand the case to the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Linda Overholt
Convicted of five counts of selling marijuana, the defendant, Linda H. Overholt, appeals and challenges the sufficiency of the convicting evidence, the prosecutor's trial conduct, various evidentiary rulings of the trial court, the denial of judicial diversion, and the trial court's sentencing determinations. Because the record supports the judgments of the trial court, we affirm the convictions and sentences. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Michael E. Johnson, Jr.
The defendant appeals the trial court's denial of probation. The defendant pled guilty to a reduced charge of possession of marijuana for resale and agreed to a six-year sentence as a Range I offender. Following a hearing to determine the manner of service, the trial court denied probation and ordered the defendant to serve his sentence in confinement. Upon careful review, we affirm the trial court's denial of probation; however, we remand the matter for the limited purpose of entry of a corrected judgment. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Kenny Lynn Evans
The petitioner, Kenny Lynn Evans, appeals the dismissal by the Dyer County Circuit Court of his petition for post-conviction relief. On appeal, the petitioner argues that he was denied the effective assistance of counsel at trial. After review of the record, we affirm the denial of post-conviction relief. |
Dyer | Court of Criminal Appeals | |
Ronnie Weddle v. State of Tennessee
The petitioner, Ronnie Weddle, appeals the dismissal by the Madison County Circuit Court of his petitions for post-conviction relief. On appeal, the petitioner argues that he was denied the effective assistance of counsel in connection with a previously negotiated plea agreement that disposed of two narcotics-related offenses. Upon review of the record, we affirm the denial of post-conviction relief. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Frank D. Grundy
The trial court found that Defendant, Frank D. Grundy, violated the terms of his eight-year community corrections sentence. It ordered him to serve one year "day for day" in the county jail before serving the remainder of his community corrections sentence. On appeal, Defendant argues the trial court's imposition of "day for day" sentencing was improper. We conclude the trial court imposed an illegal sentence and remand for entry of an appropriate amended order. |
Dickson | Court of Criminal Appeals | |
Michael Neely v. Ricky Bell, Warden
The petitioner appeals the summary dismissal of his petition for writ of habeas corpus, arguing that the trial court imposed a sentence which was illegal and void because it was ex post facto; that trial counsel was ineffective; and that his pleas of guilty were not voluntary and knowing. Following our review, we affirm the judgment of the trial court dismissing the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee, ex Relation of Darron Clayton v. Tony Parker, Warden
The Petitioner, Darron Clayton, 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. Because Petitioner has failed to show either that his sentence has expired or that the trial court was without jurisdiction, we grant the State's motion and affirm the judgment of the lower court. |
Lake | Court of Criminal Appeals | |
State of Tennessee v. Joel Knight
On appeal, the defendant asserts a breach of due process based on the absence of the violation warrant from the record at the time of his probation violation hearing. After careful review, we conclude that a copy of the warrant was admissible, under Tennessee Rule of Evidence 1003, to prove the defendant had notice of the claimed violations and the evidence against him. We affirm the judgment of the trial court. |
Putnam | Court of Criminal Appeals | |
Robert Gentry Galbreath v. State of Tennessee
The Petitioner, Robert Gentry Galbreath, was convicted by a jury of twelve counts of obtaining a prescription drug by fraud. The trial court sentenced the Petitioner to thirty-six years, as a career offender at sixty percent. On direct appeal, this Court affirmed the Petitioner's convictions and sentence. The Petitioner filed a petition for post-conviction relief, which the post-conviction court dismissed. The Petitioner now appeals, contending that the post-conviction court erred because: (1) the trial court improperly failed to instruct the jury on the lesser-included offense of facilitation; (2) his trial counsel was ineffective; (3) his appellate counsel was ineffective; and (4) his sentence amounts to cruel and unusual punishment. Because we have concluded that the Petitioner's counsel was ineffective at trial and on appeal, for failing to request a jury instruction on the lesser-included offense of facilitation and failing to appeal the jury instruction issue; we reverse the post-conviction court's dismissal of the Petitioner's petition for post-conviction relief, reverse the original convictions, and remand for a new trial. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Michael Edward Thomason
The defendant, Michael Edward Thomason, was convicted by a Cheatham County Circuit Court jury of first degree premeditated murder and sentenced to life imprisonment. In a timely appeal to this court, he argues that the trial court erred in its instructions on self-defense; the evidence was insufficient to show a premeditated murder; and the prosecutor made an improper comment in his closing arguments to the jury. Finding no reversible error, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Shawn Rafael Bough
This case presents an appeal to this Court after remand by order of the Tennessee Supreme Court. The appellant, Shawn Rafael Bough, was convicted by a Knox County Jury of felony murder and especially aggravated robbery. The original opinion of this Court in this matter was released on January 12, 2004, and the appellant filed an application for permission to appeal. See State v. Shawn Rafael Bough, No. E2002-00717-CCA-R3-CD, 2004 WL 50798 (Tenn. Crim. App. at Knoxville, Jan. 12, 2004), affirmed in part, reversed in part, and remanded by State v. Bough, ___ S.W.3d ___, 2004 WL 2481367. The supreme court granted the permission to appeal on May 24, 2004. In our original opinion, we determined that (1) because the appellant's first motion for new trial was not timely filed in regards to the felony murder conviction and an untimely notice of appeal resulted, the appellant waived all issues except for sufficiency of the evidence in regards to the felony murder conviction; (2) because the appellant's amended motion for new trial and second amended motion for new trial were likewise deemed untimely by this Court, the only other issues remaining were those raised in the initial motion for new trial that relate to the conviction for especially aggravated robbery. As a result of the procedural determinations, we addressed the following issues in regards to the conviction for especially aggravated robbery on direct appeal: (1) whether the trial court erred in allowing the State to comment on the appellant's failure to produce a witness; (2) whether the evidence was insufficient to support the conviction for especially aggravated robbery; and (3) whether the trial court erred in failing to instruct the jury regarding the corroboration of accomplice testimony and out-of-court confessions. As a result, we concluded that the evidence was sufficient to sustain the convictions. Further, we could find no error requiring reversal of the judgments of the trial court. The supreme court determined on appeal that the original motion for new trial, as well as the two amended motions for new trial, were timely filed as to both convictions, effectively affirming in part, reversing in part, and remanding the case to this Court for consideration of the issues that were pretermitted by our procedural rulings in the original opinion. See State v. Bough, ___ S.W.3d ___, 2004 WL 2481367 (Tenn. 2004). The following issues were not addressed by this Court due to our determination that the motion for new trial was untimely as to the appellant's felony-murder conviction and thus must be addressed on remand: (1) whether the trial court erred in allowing the State to comment on the appellant's failure to produce a witness; and (2) whether the trial court erred in failing to instruct the jury regarding the corroboration of accomplice testimony and out-of-court confessions. The following issues were pretermitted on direct appeal by our conclusion that the amended motion for new trial was untimely: (1) whether the trial court erred by admitting the 911 tape of the victim; (2) whether the trial court erred in allowing jurors to take notes and ordered the notes to be destroyed prior to deliberation; (3) whether the trial court erred in allowing the State to exhibit the appellant and the co-defendant to the jury shortly before the 911 tape was played; (4) whether the trial court erred in allowing the State to infer criminal conduct of the appellant due to his association with known criminals and drug dealers. After consideration of these remaining issues, we affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Barabbas A. Brown v. State of Tennessee
The appellant, Barabbas A. Brown, appeals the Knox County Criminal Court's dismissal of his motion to correct pre-trial jail credits. The appellant argues that the trial court erred by not enforcing its order of judgment granting him pre-trial jail credits. Finding no merit to the appellant's contentions, we affirm the trial court's decision. |
Knox | Court of Criminal Appeals |
