Titus Miller v. State of Tennessee
Titus Miller (“the Petitioner”) filed a petition for post-conviction relief from his convictions for possession of marijuana and evading arrest. In his petition, he alleged that he received ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that his counsel at trial was ineffective in failing to file a motion to suppress. Upon our thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
Louis Tyrone Robinson v. State of Tennessee
The pro se petitioner, Louis Tyrone Robinson, appeals the dismissal of his petition for writ of error coram nobis, arguing that the “suppressed” transcript of his trial sentencing hearing constitutes newly discovered evidence of his innocence. Following our review, we affirm the dismissal of the petition. |
Gibson | Court of Criminal Appeals | |
Adrian Deangelo Todd v. State of Tennessee
The petitioner, Adrian Deangelo Todd, appeals the post-conviction court’s denial of his petition for post-conviction relief from his second degree murder conviction. On appeal, the petitioner argues that the post-conviction court abused its discretion in denying his request for a continuance of the post-conviction hearing and that he received the ineffective assistance of counsel at trial. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Antonious Jamal Brown
The Defendant, Antonious Jamal Brown, challenges the sufficiency of the evidence supporting his jury conviction for first degree murder. Specifically, he contends that there was insufficient evidence presented to prove that he shot the victim and that he did so with premeditation. After reviewing the record and the applicable authorities, we affirm the judgments of the trial court. |
Gibson | Court of Criminal Appeals | |
State of Tennessee v. Marie Delaluz Urbano-Uriostegui
A Davidson County grand jury indicted appellant, Marie Delaluz Urbano-Uriostegui, for one count of aggravated child abuse and one count of aggravated child neglect, both Class A felonies. A jury found appellant guilty of aggravated child abuse and not guilty of aggravated child neglect. The trial court sentenced appellant to serve sixteen years at 100% in the Tennessee Department of Correction. In this appeal, appellant raises the following issues: (1) whether the evidence was sufficient to prove that appellant caused the victim’s injuries; (2) whether the prosecutor’s comments during closing arguments constituted reversible error; (3) whether the trial court erred by improperly admitting an expert in child maltreatment; (4) whether trial counsel provided ineffective assistance by failing to obtain a medical expert to testify on appellant’s behalf; and (5) whether newly discovered evidence justifies a new trial. Discerning no error in the proceedings, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Sampson Joseph McCoy
The appellant, Sampson Joseph McCoy, pled guilty in the Davidson County Criminal Court to aggravated assault and received an eight-year sentence. Pursuant to the plea agreement, the trial court was to determine the manner of service of the sentence. After a sentencing hearing, the trial court ordered that the appellant serve his entire sentence in confinement. On appeal, the appellant contends that the trial court erred by denying his request for alternative sentencing. Based upon the record and the parties’ briefs, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Hayes
The appellant, James Hayes, pled guilty in the White County Criminal Court to driving under the influence (DUI) and reserved a certified question of law concerning whether the police had reasonable suspicion to stop his vehicle. Upon review, we conclude that the appellant failed to properly certify his question of law. Therefore, we are compelled to dismiss the appeal for lack of jurisdiction. |
White | Court of Criminal Appeals | |
James Paul Kinard v. State of Tennessee
The Petitioner, James Paul Kinard, appeals the Davidson County Criminal Court’s denial of his petition for post-conviction relief from his convictions for three counts of rape of a child and one count of aggravated sexual battery and resulting effective sentence of seventy-five years in confinement to be served at 100%. On appeal, the Petitioner contends that he received the ineffective assistance of trial counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Earl Vantrease, Jr. v. State of Tennessee
In 2003, a Putnam County jury convicted the Petitioner, Earl Vantrease, Jr., of aggravated robbery, and the trial court sentenced him to serve sixteen years, at 35%. In 2006, the Petitioner filed a petition for writ of habeas corpus, contending that his judgment was void. The habeas corpus court summarily dismissed the petition, and this Court originally affirmed. Earl Vantrease, Jr. v. Wayne Brandon, Warden, No. M2006-02414-CCA-R3-HC, 2007 WL 2917783, at *1 (Tenn. Crim. App., at Nashville, Oct. 9, 2007), petition rehearing granted, Dec. 14, 2007. The Petitioner filed a motion for a rehearing, provided additional documentation, and this Court reversed itself and remanded the case for an evidentiary hearing on the merits of the Petitioner’s habeas corpus petition. Id. at *6. After an evidentiary hearing, the habeas corpus court again dismissed the Petitioner’s petition for habeas corpus relief. The Petitioner did not appeal, but, instead, he filed a second petition for habeas corpus relief. The habeas corpus court summarily dismissed the Petitioner’s second petition for habeas corpus relief. On appeal, the Petitioner contends the habeas corpus court erred when it dismissed his second petition. After a thorough review of the record and applicable authorities, we affirm the habeas corpus court’s dismissal of the Petitioner’s application for writ of habeas corpus. |
Hickman | Court of Criminal Appeals | |
Charles T. Hartley v. Arvil Chapman, Warden
The petitioner, Charles T. Hartley, filed a petition for a writ of habeas corpus in the Wayne County Circuit Court, alleging that his sentence for attempted aggravated sexual battery was illegal because the judgment of conviction reflected that, as a child predator and a violent offender, he must serve one hundred percent of the sentence in confinement. Upon review, we affirm the judgment of the habeas corpus court. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. John Davis
The Defendant-Appellant, John Davis, was convicted by a Shelby County jury of a single count of aggravated sexual battery, a Class B felony, and received a twelve-year sentence to be served at one hundred percent. On appeal, he argues that the evidence was insufficient to support the conviction and that his sentence was excessive. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Cayetano Ramirez
A Davidson County Criminal Court Jury convicted the appellant, Cayetano Ramirez, of attempted rape of a child. The trial court imposed a sentence of ten years in the Tennessee Department of Correction. On appeal, the appellant challenges (1) the trial court’s denial of his motion to suppress his statement to police, (2) an alleged Brady violation, (3) the admission of a prior act in violation of Tennessee Rule of Evidence 404(b), and (4) the sufficiency of the evidence sustaining his conviction. Upon review, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Delavan Benjamin Mohammed
Defendant, Delevan Beniamin Mohammed, pled guilty to possession of more than three hundred grams of cocaine with intent to sell in a drug free school zone, with an agreed sentence of 25 years as a Range II offender, with the trial court to determine manner of service of the sentence. The trial court ordered Defendant’s sentence to be served in the Department of Correction. On appeal, Defendant contends the trial court erred by denying him an alternative sentence. We conclude the trial court did not abuse its discretion in sentencing Defendant. Accordingly, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Michael Marks
The defendant, Michael Marks, was convicted by a Shelby County Criminal Court jury of rape of a child, a Class A felony, and was sentenced by the trial court to twenty-five years at 100% as a child rapist. He raises the following issues on appeal: (1) whether the trial court erred by not requiring the State to make an election of offenses at the close of its casein-chief; (2) whether the trial court erred by not requiring the State to make an election before the case was submitted to the jury; (3) whether the trial court erred by issuing a supplemental instruction on the election of offenses after the jury had already begun its deliberations; and (4) whether the evidence is sufficient to sustain the conviction. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dane Sayles, Alias Bradley Harper
Dane Sayles, alias Bradley Harper (“the Defendant”), was convicted by a jury of possession with the intent to sell or deliver three hundred grams or more of cocaine. The trial court sentenced the Defendant as a Range II, multiple offender to forty years to be served consecutively to previous sentences the Defendant received in Pennsylvania. On appeal, the Defendant argues that the trial court erred in denying his motion to suppress the stop and search of his vehicle, as well as the seizure of cell phone text messages. The Defendant also asserts that the trial court erred in “permitting the State to continue adding witnesses in the middle of trial whose names were not provided in discovery.” Finally, the Defendant challenges the length of his sentence. After a thorough review of the record and the applicable law, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Crystal Miranda Kirby v. State of Tennessee
A Campbell County jury found petitioner, Crystal Miranda Kirby, guilty of first degree premeditated murder, second degree murder, and especially aggravated robbery. The trial court sentenced her to an effective life sentence. On direct appeal, this court ordered the merger of the two murder convictions but denied relief in all other respects. Petitioner then filed the instant petition for post-conviction relief, which was denied after an evidentiary hearing. Petitioner appeals the denial of post-conviction relief, claiming that the State violated her due process rights under Brady v. Maryland by withholding two video-taped statements that were allegedly exculpatory in nature. After thorough review, we affirm the judgment of the post-conviction court. |
Campbell | Court of Criminal Appeals | |
State of Tennessee v. Kelvin Winn
The defendant, Kelvin Winn, was convicted by a Shelby County Criminal Court jury of first degree felony murder and sentenced to life imprisonment. On appeal, he argues that: (1) the trial court erred in denying his motion to suppress the identification of him from a photographic array; (2) the trial court erred in allowing a jailhouse informant to testify without limitations; (3) the trial court erred in allowing the State to lead witnesses over his objection; (4) the trial court erred in allowing the introduction of duplicative photographs; and (5) the evidence is insufficient to sustain his conviction. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Raynell Hopson
The Defendant pled guilty to aggravated assault, and the trial court sentenced him to four years, suspended after three months and nineteen days in confinement. In January 2012, the Defendant’s probation officer filed an affidavit alleging that the Defendant had violated the terms of his probation. After a hearing on the allegation, the trial court revoked the Defendant’s probation and ordered him to serve the balance of his sentence in confinement. On appeal, the Defendant contends that the trial court erred when it ordered him to serve the balance of his sentence in confinement. After a thorough review of the record and applicable authority, we conclude that the trial court did not err. The trial court’s judgment is, therefore, affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Michael McVay
A Shelby County jury convicted Defendant, Michael McVay, with rape of a child, aggravated sexual battery, rape, and sexual battery by an authority figure. The trial court sentenced Defendant to serve 25 years for rape of a child, 20 years for aggravated sexual battery, 20 years for rape, and 10 years for sexual battery by an authority figure. The trial court ordered all sentences to run consecutively, with a 100% release eligibility for the first three counts - child rape, aggravated sexual battery, and rape, and a 35% release eligibility for count four, sexual battery by an authority figure, for an effective sentence of 75 years in the Department of Correction. On appeal, Defendant presents the following issues: (1) the trial court erred by excluding evidence of the victim’s sexual behavior; (2) the trial court erred by excluding evidence of the victim’s prior complaint of sexual assault; and (3) the trial court erred by imposing an excessive sentence. Additionally, the State contends the trial court improperly sentenced Defendant on two of his four convictions. After thorough review, we affirm Defendant’s convictions. However, the trial court’s sentencing order is vacated in part and this case is remanded for further proceedings in accordance with this opinion. |
Shelby | Court of Criminal Appeals | |
Bruce L. Robinson v. State of Tennessee
The petitioner, Bruce L. Robinson, appeals the dismissal of his petition for post-conviction relief as time-barred, arguing that the United States Supreme Court’s recent holding in Missouri v. Frye , __ U.S. __, 132 S. Ct. 1399 (2012), established a new constitutional right that did not exist at the time of his guilty pleas, thereby requiring retroactive application. Following our review, we affirm the judgment of the trial court summarily dismissing the petition as time-barred. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Glenn Lydell McCray
The Defendant, Glenn Lydell McCray, was found guilty by a Davidson County Criminal Court jury of especially aggravated kidnapping, a Class A felony, two counts of aggravated assault, Class C felonies, and being a felon in possession of a firearm, a Class E felony. See T.C.A. §§ 39-13-305 (2010) (especially aggravated kidnapping), 39-13-102 (2010) (aggravated assault), 39-17-1307 (2010) (felon in possession of a firearm). He was sentenced as a Range II, multiple offender to thirty years for especially aggravated kidnapping, eight years for each aggravated assault, and three years for illegal possession of a firearm. The trial court ordered consecutive sentences for the especially aggravated kidnapping and aggravated assault convictions, for an effective forty-six-year sentence. On appeal, the Defendant contends that (1) the evidence is insufficient to support the especially aggravated kidnapping conviction, (2) the court improperly instructed the jury regarding the especially aggravated kidnapping conviction, (3) the court erred by failing to merge the aggravated assault convictions, and (4) the court erred by imposing consecutive sentencing. Although the jury was not properly instructed regarding the especially aggravated kidnapping conviction, we conclude that the error was harmless beyond a reasonable doubt and affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Nora Hernandez
The defendant, Nora Hernandez, appeals from the Williamson County Circuit Court’s order revoking her probation and denying her bid to vacate her convictions and sentences. Because this court lacks jurisdiction of the claim relevant to the defendant’s motion to vacate, that portion of the appeal is dismissed. Because the record supports revocation of her probation, the judgment of the trial court ordering the same is affirmed. |
Williamson | Court of Criminal Appeals | |
Troy Allen Pruitt v. State of Tennessee
The petitioner, Troy Allen Pruitt, appeals the Montgomery County Circuit Court’s denial of post-conviction relief from his 2007 convictions in that court of aggravated robbery and fraudulent use of a credit card. Because the petitioner failed to establish his claim of ineffective assistance of counsel and because binding law-of-the-case determinations from his direct appeal defeat his claim of prejudice, we affirm the order of the post-conviction court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Dominic Lyons
In this interlocutory appeal, the State challenges the trial court’s ruling suppressing the out-of-court identification of the defendant via a photograph array and the subsequent in-court identification by the same witness at the suppression hearing. The State contends that the trial court erred by deeming the identification procedure unduly suggestive. Discerning no error, we affirm the judgment of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Glenn Lydell McCray - concurring in part and dissenting in part
I respectfully dissent from the majority opinion insofar as it concludes that aggravated assault involves some form of confinement in this case. In State v. White, 362 S.W.3d 559, 578 (Tenn. 2012), the supreme court held, |
Davidson | Court of Criminal Appeals |
