Walter George Glenn v. State of Tennessee
Petitioner, Walter George Glenn, appeals the denial of his petition for post-convictionrelief from his conviction for second degree murder. On appeal, Petitioner argues that he received ineffective assistance of counsel. After thorough review, we determine that Petitioner received effective assistance of counsel and affirm the judgment of the post-conviction court. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Gordon Scot Katz
An Anderson County grand jury indicted the defendant, Gordon Scot Katz, with reckless endangerment with a deadly weapon. Following trial, a jury found the defendant guilty of the same, and the trial court imposed a sentence of two years. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and alleges the trial court erred when denying the defendant’s request to cross-examine a witness regarding pending criminal charges and that the State presented alternate theories of liability, thereby calling the unanimity of the jury’s verdict into question. After hearing the arguments of the parties, reviewing the record, and considering the applicable law, we affirm the judgment of the trial court. |
Anderson | Court of Criminal Appeals | |
Jason Lyles v. State of Tennessee
The petitioner, Jason Lyles, appeals the denial of his post-conviction petition, arguing the post-conviction court erred in finding he received effective assistance of counsel at trial. After our review of the record, briefs, and applicable law, we affirm the judgment of the post-conviction court. |
Maury | Court of Criminal Appeals | |
Steven Anderson v. Esco Jarnigan, Sheriff, and State of Tennessee
The Petitioner, Steve Anderson, appeals from the Hamblen County Criminal Court’s dismissal of his petition for a writ of habeas corpus from his 1985 convictions for receiving and concealing stolen property, possession of engines and transmissions with altered numbers, arson of an automobile, and escape and his forty-two-year sentence. The Petitioner contends that the habeas corpus court erred by dismissing his petition and by finding him in contempt of court, which resulted in a ten-day sentence in confinement. Although the habeas corpus court erred by dismissing the petition pursuant to the mootness doctrine, we conclude that the petition fails to state a colorable claim for habeas corpus relief. Furthermore, we reverse the judgment of the habeas court relative to the contempt determination and dismiss the charge. |
Hamblen | Court of Criminal Appeals | |
State of Tennessee v. Shawn Nelson Smoot
A Roane County grand jury indicted the defendant, Shawn Nelson Smoot, with the first degree murder of the victim, Brooke Morris, and later convicted him of the same, for which he received an enhanced sentence of life imprisonment without the possibility of parole. The defendant raises the following issues on appeal: (1) the trial court erred when allowing the introduction of evidence seized during the warrantless search of his home under the theory of inevitable discovery; (2) the trial court erred when allowing expert ballistics and firearms identification testimony; (3) the trial court erred when allowing the introduction of evidence related to the victim’s order of protection against the defendant; (4) the trial court erred when denying the defendant’s motion to rehear all pretrial motions; (5) the trial court erred when allowing the victim’s landlord to render hearsay testimony regarding an incident between the victim and the defendant; (6) the trial court erred when allowing several witnesses to offer improper character evidence under Tennessee Rule of Evidence 404(b); (7) the trial court erred when denying the defendant’s request for a trial continuance so he could obtain a mitigation expert; (8) the trial court erred when allowing the State to amend the indictment to include an additional witness twelve days before trial; (9) the trial court erred when denying two motions for mistrial; (10) the trial court erred when admitting the autopsy report as evidence; (11) the trial court erred when admitting the prior consistent statement of the defendant’s roommate into evidence; (12) the trial court erred when excluding the victim’s text messages to her friends from evidence; (13) the trial court erred when instructing the jury on flight; (14) the State committed prosecutorial misconduct when making improper comments to the jury regarding evidence; (15) the State committed prosecutorial misconduct when commenting during closing arguments on the defendant’s failure to testify; (16) the evidence was insufficient to support the jury’s guilty verdict; (17) the State made an improper “golden rule” argument during the sentencing phase of trial; (18) the evidence was insufficient to support the jury’s imposition of a life sentence without the possibility of parole; and (19) the cumulative effect of these errors warrant a reversal of the verdict. Based on the arguments of the parties, our review of the record, and the pertinent law, we conclude the trial court erred when admitting the evidence seized during the search of the defendant’s residence, when admitting certain hearsay statements contained in the order of protection documents, and when admitting the prior consistent statement of the defendant’s roommate. These errors were harmless, and their cumulative effect did not change the outcome of either phase of trial. Discerning no further errors, we affirm the judgment of the trial court. |
Roane | Court of Criminal Appeals | |
State of Tennessee v. Victor Martin
The Defendant, Victor Martin, was convicted by a jury of especially aggravated robbery, attempted especially aggravated kidnapping, and setting fire to personal property, for which he received an effective sentence of forty-seven years’ incarceration. On appeal, the Defendant argues (1) that the evidence was insufficient to support his convictions, contending that the State failed to establish use of deadly weapon, serious bodily injury, confinement that exceeded the accompanying felony, or his identity; (2) that the State committed a Ferguson violation by failing to preserve both a second photographic lineup and a single photograph shown to the victim on an iPad, thereby violating his due process rights requiring dismissal of the indictment or, alternatively, a limiting instruction; (3) that admission of the victim’s medical records was improper given that the affidavit from the hospital’s custodian of records was insufficient violating Tennessee Rule of Evidence 902(11); and (4) that the trial court erred by giving the jury an instruction on flight because it was not supported by the proof. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
Derrick Helms v. State of Tennessee
Petitioner, Derrick Helms, appeals the summary denial of his pro se petition for postconviction relief. He argues that the post-conviction court did not follow the proper procedures for a preliminary consideration of his petition and that the allegations in the petition, when taken as true, stated a colorable claim for relief. The State concedes that the post-conviction court erred in its summary denial of relief without the appointment of counsel and a hearing. Upon review, we reverse the judgment of the post-conviction court and remand the case for further proceedings. |
Cumberland | Court of Criminal Appeals | |
State of Tennessee v. Rodney Carson Forbes
Rodney Carson Forbes, Defendant, filed a Tennessee Rule of Criminal Procedure 36.1 motion seeking pretrial jail credits. The trial court summarily dismissed the motion for failure to state a colorable claim. We affirm. |
Knox | Court of Criminal Appeals | |
Gary Allen McKennie v. State of Tennessee
The Petitioner, Gary Allen McKennie, sought coram nobis relief from his convictions, alleging that his guilty pleas were not knowingly and voluntarily entered; therefore, the convictions were void. The coram nobis court denied the petition, finding that it was not timely and that coram nobis relief was unavailable to a Petitioner who had entered a guilty plea. The Petitioner appeals the coram nobis court’s ruling. Upon review, we affirm the judgment of the coram nobis court. |
Carroll | Court of Criminal Appeals | |
State of Tennessee v. Tony Gibson
The defendant, Tony Gibson, appeals his Shelby County Criminal Court jury convictions of tampering with evidence, claiming that the trial court erred by admitting certain evidence. Discerning no error, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Donald Ragland
The pro se Appellant, Donald Ragland, appeals the Shelby County Criminal Court’s denial of his motion to correct and illegal sentence. The State has filed a motion requesting that this court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the Appellant has failed to establish that his sentences are illegal, we conclude that the State’s motion is well-taken. Accordingly, we affirm the summary dismissal of the motion. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Terry Patterson
The Defendant, Terry Patterson, was convicted by a Shelby County Criminal Court jury of aggravated child abuse, a Class A felony, in Count 1; voluntary manslaughter, a Class C felony, in Count 2; aggravated child neglect, a Class A felony, in Count 3; second degree murder, a Class A felony, in Count 4; and aggravated child endangerment, a Class A felony, in Count 5. He was sentenced to twenty-five year terms for the aggravated child abuse, aggravated child neglect, aggravated child endangerment, and second degree murder convictions, and six years for the voluntary manslaughter conviction. The court ordered that the sentences for the aggravated child abuse, aggravated child neglect, and aggravated child endangerment convictions be served concurrent with each other but consecutive to the sentences for the second degree murder and voluntary manslaughter convictions, which were ordered to be served concurrent with each other, for an effective term of fifty years in the Department of Correction. On appeal, the Defendant argues that: (1) the evidence is insufficient to sustain his convictions; (2) his convictions for second degree murder and voluntary manslaughter should be merged, as should his convictions for aggravated child abuse, aggravated child neglect and aggravated child endangerment; and (3) the trial court erred in imposing partial consecutive sentences. After review, we modify the Defendant’s conviction for voluntary manslaughter in Count 2 to reckless endangerment and impose a sentence of four years for that conviction, the judgment of which should indicate the merger of Count 2 into Count 4; reverse the Defendant’s conviction for aggravated child endangerment in Count 5; and remand for entry of a corrected judgment in Count 4 to indicate the merger of Count 2 into Count 4. We affirm the trial court’s judgments in all other regards. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Edgar C. Salinas
The Appellant, Edgar C. Salinas, appeals the Bedford County Circuit Court’s denial of his petition for a writ of certiorari seeking relief from his two convictions of aggravated sexual battery and resulting effective twenty-two-year sentence. Based upon the record and the parties’ briefs, the appeal is dismissed. |
Bedford | Court of Criminal Appeals | |
Charles Glen Connor v. State of Tennessee
The Petitioner, Charles Glen Connor, appeals from the Davidson County Criminal Court’s denial of post-conviction relief arguing (1) that “the State failed to provide and defense counsel failed to seek discoverable recorded interviews of witnesses in violation of Brady v. Maryland, [373 U.S. 83 (1963)],” and (2) that trial counsel “failed to keep [the Petitioner] informed of the evidence against him.” After a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Thomas Allen Stringer
Defendant, Thomas Allen Stringer, was indicted for two counts of aggravated assault and one count of felony evading arrest. In a superseding presentment, Defendant was charged with two counts of aggravated assault, felony evading arrest, and possession of a firearm by a convicted felon. Following a jury trial, Defendant was convicted of two counts of misdemeanor assault and one count of felony evading arrest. The jury found Defendant not guilty of possession of a firearm by a convicted felon. Following a sentencing hearing, the trial court sentenced Defendant to three years for his felony evading arrest conviction and 11 months and 29 days for each of his assault convictions. The trial court ordered all of Defendant’s sentences to run consecutive to each other. The court ordered Defendant to serve three years, 11 months, and 29 days incarcerated and the remaining 11 months and 29 days to be served on Community Corrections. In this appeal as of right, Defendant contends that his sentence is excessive and the trial court abused its discretion by imposing consecutive sentencing. Finding no error, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
State of Tennessee v. Daron Lekithe Moss
The Defendant, Daron Lekithe Moss, was convicted by a jury of one count of rape. On appeal, the Defendant contends that (1) the evidence was insufficient to sustain his conviction; (2) the prosecutor made improper and inflammatory comments during closing argument; and (3) the State failed to include a witness who testified at trial in the original indictment. Following our review, the judgment of the trial court is affirmed. |
Hardeman | Court of Criminal Appeals | |
Ricky L. Hill v. State of Tennessee
The pro se Petitioner, Ricky L. Hill, appeals the McNairy County Circuit Court’s dismissal of his petition for post-conviction relief. The State has filed a motion requesting that this Court affirm the lower court’s denial of relief pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Because the Petitioner has failed to establish that he is entitled to post-conviction relief, we conclude that the State’s motion is welltaken. Accordingly, we affirm the summary dismissal of the motion. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Henry Cofrancesco, III
Defendant, Henry Cofrancesco, III, was indicted by the Hamilton County Grand Jury for vehicular homicide, possession of cocaine, failure to yield, leaving the scene of an accident involving the death of another person, failure to render aid, DUI, and DUI per se. Defendant entered guilty pleas to vehicular homicide and DUI per se, and the remaining counts were dismissed upon motion of the State. Defendant received a sentence of 11 months and 29 days for his DUI conviction, and the trial court sentenced Defendant to nine years’ incarceration for his vehicular homicide conviction and merged the two convictions. In this appeal as of right, Defendant contends that the trial court abused its discretion by denying alternative sentencing. Following our review of the record, we affirm the judgment of the trial court.
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Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Billy Joe Harrah
The Defendant-Appellant, Billy Joe Harrah, was convicted by a Sullivan County jury of rape of a child, aggravated sexual battery, and incest, for which he received an effective sentence of forty years’ confinement. On appeal, he argues (1) the evidence was insufficient to support each of his convictions; and (2) the trial court improperly instructed the jury regarding flight. Upon our review, we affirm the judgments of the trial court. |
Sullivan | Court of Criminal Appeals | |
Doyale Montez Blacksmith v. State of Tennessee
The Petitioner, Doyale Montez Blacksmith, appeals from the Davidson County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner contends that he received ineffective assistance from his trial counsel because trial counsel (1) failed to file a motion to withdraw from representation after the Petitioner requested that he do so; (2) failed “to call witnesses to rebut the victim’s testimony”; and (3) gave the Petitioner “incorrect advice” regarding the Petitioner’s decision not to testify at trial. Discerning no error, we affirm the judgment of the post conviction court. |
Davidson | Court of Criminal Appeals | |
Nicholas Keith Phillips v. State of Tennessee
In this State appeal, the State challenges the post-conviction court’s grant of relief to the petitioner in the form of a new trial for his 2013 Rutherford County Circuit Court jury convictions of two counts of rape of a child and two counts of aggravated sexual battery. The State asserts that the post-conviction court erred by concluding that the petitioner was deprived of the effective assistance of counsel at trial and that, but for counsel’s deficient performance, the results of the petitioner’s trial would have been different. Because the evidence preponderates against the findings of the post-conviction court, we reverse the ruling of that court and vacate the order granting post-conviction relief. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Ariana Tarience Harris
The Defendant, Ariana Tarience Harris, appeals the trial court’s revocation of her probation, arguing that the court should have imposed an alternative sentence rather than ordering her to serve the balance of her original sentence incarcerated, and therefore abused its discretion. After thorough review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Dalvin Smith
After a jury trial, Defendant, Dalvin Smith, was convicted of two counts of reckless homicide, facilitation of especially aggravated robbery, two counts of attempted aggravated robbery, aggravated burglary, and employment of a firearm during the commission of a dangerous felony. Defendant received a total effective sentence of thirty-seven years in the Tennessee Department of Correction. On appeal, Defendant argues that the trial court abused its discretion by ordering an excessive sentence. After a thorough review of the facts and applicable case law, we affirm. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dalvin Smith - Concurring
I concur in affirming the sentences in this case, but I would rule that the record is inadequate for a ruling on the merits, resulting in a determination that we must presume the propriety of the trial court’s sentencing decisions. Most often, when only a sentencing issue is raised on appeal, the appellant has pleaded guilty. In this case, the defendant was tried and convicted by a jury. The record on appeal, however, does not include a transcript of the trial evidence. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Marquette Benson aka Marquette Mukes
The Defendant, Marquette Benson, aka Marquette Mukes, was convicted by a Shelby County Criminal Court jury of two counts of convicted felon in possession of a firearm, a Class C felony, based on two different prior felonies. The trial court merged the counts into a single conviction and sentenced the Defendant as a Range II, multiple offender to ten years in the Department of Correction. As best as we can understand the pro se Defendant’s brief and numerous supplemental motions he has filed with this court, he argues that the State engaged in prosecutorial misconduct by: redacting a chronology of a 911 call, improperly commenting on the evidence, and presenting false testimony; the trial court prevented him from presenting his defense by barring the admission of a police report; and the trial court exhibited bias by its various evidentiary rulings that favored the prosecution. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals |
