Charles E. Thompson v. State of Tennessee
Petitioner, Charles Thompson, appeals from the post-conviction court’s denial of his three separate petitions for post-conviction relief in case numbers P-24665, -22149, and -27258. Petitioner was convicted, following guilty pleas, of the first degree murder of Eddie Johnson and attempted first degree murder of Brenda Hampton. Following jury trials, he was convicted for the aggravated assault, especially aggravated robbery, and especially aggravated kidnapping of Paloy Finnie, see State v. Derrick M. Vernon, et al., No. W1998-00612-CCA-R3-CD, 2000 WL 490718 at *1 (Tenn. Crim. App. at Jackson, filed Apr. 25, 2000), perm. app. denied (Tenn. Jan. 16, 2001); and the first degree murder of Dedrick Taylor, see State v. Charles Thompson, No. W1998-00351-CCA-R10-CD, 2001 WL 912715 (Tenn. Crim. App. at Jackson, filed Aug. 9, 2001), perm. app. denied (Tenn. Dec. 31, 2001). In his brief, Petitioner asserts that the indictments in the three cases above were defective. After a careful review of the record, we affirm the judgments of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Robert B. Ledford v. State of Tennessee
The pro se petitioner, Robert B. Ledford, appeals the Hamilton County Criminal Court’s summary denial of his petition for writ of error coram nobis attacking his convictions of second degree murder, kidnapping, aggravated robbery, and theft. On initial review, this court affirmed the coram nobis court’s summary denial because we concluded that coram nobis relief was not available to provide relief from a guilty-pleaded conviction. Robert B. Ledford v. State, No. E2010-01773-CCA-R3-PC (Tenn. Crim. App., Knoxville, May 4, 2011). The petitioner applied for permission to appeal this court’s decision with the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. On March 8, 2012, the supreme court granted the application for permission to appeal for the purpose of remanding the case to this court for reconsideration in light of the supreme court’s opinion in Wlodarz v. State, ___S.W.3d ___, No. E2008-02179-SC-R11-CO (Tenn. Feb. 23, 2012). Following our reconsideration, we conclude that the petitioner failed to present a justiciable claim warranting coram nobis relief and affirm the judgment of the coram nobis court. |
Hamilton | Court of Criminal Appeals | |
Michael Deshay Peoples v. State of Tennessee
A Davidson County Grand Jury indicted petitioner, Michael Deshay Peoples, Jr., for first- degree felony murder, especially aggravated robbery, two counts of aggravated robbery, and one count of aggravated kidnapping. The State dismissed one of the aggravated robbery counts. Following a trial on the remaining counts, a jury found petitioner guilty as charged and sentenced him to life in prison for felony murder. The trial court conducted a sentencing hearing on the remaining counts and ordered concurrent sentences of eighteen years at one hundred percent for especially aggravated robbery; ten years at thirty percent for aggravated robbery; and ten years at one hundred percent for aggravated kidnapping. This court affirmed the convictions and sentences, and the supreme court denied permission to appeal. Petitioner filed a petition for post-conviction relief by checking several boxes on the standard form, but he added no supporting facts. The post-conviction court summarily dismissed the petition. Finding no error, we affirm the post-conviction court’s summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Edwin Dewan Reese
Edwin Dewan Reese (“the Defendant”) pled guilty to (1) one count of driving after having been declared an habitual motor vehicle offender and (2) one count of failure to appear. There was no agreement as to the Defendant’s sentence. After a hearing, the trial court sentenced the Defendant as a standard offender to one year, six months on each offense. The trial court also ordered the Defendant to serve his sentences consecutively. The Defendant now appeals both the length and consecutive service of his sentences. After a careful review of the record, we affirm the judgment of the trial court. |
Marshall | Court of Criminal Appeals | |
State of Tennessee v. Garry Lee Nance
The Defendant, Garry Lee Nance, appeals from the trial court’s revocation of his probation and order that he serve part of his remaining sentences in confinement. The State has filed a motion requesting that this court affirm the trial court’s judgments pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. Following our review, the State’s motion is granted, and the judgments of the trial court are affirmed. |
Hamilton | Court of Criminal Appeals | |
State of Tennessee v. Devaries M. Locke
A Davidson County jury found appellant, Devaries M. Locke, guilty of possession of a firearm. The parties stipulated to his status as a felon, but the jury was not so informed. As a result of the jury’s decision and the stipulation, appellant was convicted of being a convicted felon in possession of a firearm, a Class E felony. The trial court sentenced him as a Range II, multiple offender, to three years of split confinement with one year to serve followed by two years of supervised probation. On appeal, appellant challenges the sufficiency of the evidence to support his conviction and argues that his sentence is excessive. After reviewing the record, the parties’ briefs, and the applicable law, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Tehren Carthel Wilson
The defendant, Tehren Carthel Wilson, was convicted by a Madison County Circuit Court jury of identity theft, a Class D felony, and theft of property, a Class A misdemeanor, and was sentenced to an effective term of twelve years, eleven months and twenty-nine days. On appeal, he challenges the sufficiency of the convicting evidence and the trial court’s denial of his request to charge fraudulent use of a credit card as a lesser-included offense of identity theft. After review, we affirm the judgments of the trial court. However, we remand for entry of a corrected judgment in Count 3, identifying the defendant’s identity theft conviction as a Class D felony instead of a Class C felony. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Bradley Scott
The defendant, Bradley Scott, was convicted by a Shelby County Criminal Court jury, under two separate indictments, of first degree premeditated murder, first degree felony murder, and two counts of aggravated rape and was sentenced to an effective term of life plus twenty-two years in the Department of Correction. On appeal, he argues that: (1) the trial court erred in denying his motions to suppress DNA evidence and the statements given by him to the police; and (2) the evidence is insufficient to support his convictions. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Dearick Stokes
The defendant, Dearick Stokes, was convicted by a Shelby County Criminal Court jury of felony murder and attempted especially aggravated robbery, for which he received concurrent terms of life imprisonment and nine years, respectively. In this direct appeal, he argues that the evidence was insufficient to sustain his felony murder conviction because the proof showed that the killing of the victim occurred during an attempted aggravated robbery, rather than an aggravated robbery, as alleged in the indictment. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin Jamelle Baldwin
The defendant, Kevin Jamelle Baldwin, was charged with possession with intent to sell between ten and seventy pounds of marijuana after the narcotics were discovered in the trunk of his car during a traffic stop. Thereafter, the defendant filed a motion to suppress, arguing that the stop and search of his vehicle were unconstitutional. The trial court granted the defendant’s motion and dismissed the indictment. The State appeals the trial court’s grant of the defendant’s motion to suppress, and after review, we affirm the judgment of the trial court. |
Obion | Court of Criminal Appeals | |
State of Tennessee v. Terrance Dixon
The defendant, Terrance Dixon, was convicted by a Shelby County Criminal Court jury of assault and criminal trespass, Class A and C misdemeanors, respectively, and sentenced to an effective term of six months to be served on probation after service of thirty days. On appeal, he argues that the trial court erred in allowing testimony of his prior bad acts and that the evidence was insufficient to support his convictions. After review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Gary L. Graham
The defendant, Gary L. Graham, was convicted by a Fayette County Circuit Court jury of driving under the influence (“DUI”), and the court found the defendant guilty of DUI third offense and violation of the implied consent law. The court merged the DUI convictions and sentenced the defendant to eleven months and twenty-nine days, suspended to misdemeanor probation upon service of 145 days at 75% in the county jail, and suspended the defendant’s driver’s license for two years as a result of his violation of the implied consent law. On appeal, the defendant challenges the sufficiency of the evidence convicting him of DUI. Following our review, we affirm the judgments of the trial court. |
Fayette | Court of Criminal Appeals | |
Larry C. Pittman v. State of Tennessee
The petitioner, Larry C. Pittman, appeals the dismissal of his petition for post-conviction relief, arguing that the post-conviction court erred in finding that he received effective assistance of trial counsel. Following our review, we affirm the dismissal of the petition. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Curtis Blackmon
Following a jury trial, the defendant, Curtis Blackmon, was convicted in the Shelby County Criminal Court in case number 10-01211 of the November 18, 2009 unlawful sale of cocaine, possession of cocaine with the intent to sell, and possession of cocaine with the intent to deliver, and in case number 10-01212 of the November 19, 2009 unlawful sale of cocaine, possession of cocaine with the intent to sell, and possession of cocaine with the intent to deliver. The trial court subsequently merged counts two and three with the first count of the indictment in each case and sentenced the defendant to two concurrent terms of eight years. The sole issue the defendant raises on appeal is whether the evidence was sufficient to sustain his convictions. Following our review, we affirm the judgments of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Bobby Joe Croom
The defendant, Bobby Joe Croom, was convicted by a Madison County Circuit Court jury of three counts of rape of a child, a Class A felony, and three counts of aggravated sexual battery, a Class B felony. He was sentenced to an effective term of fifty years in the Department of Correction. On appeal, he argues that the trial court erred in not requiring the State to elect the particular instances of rape and sexual battery it was relying on for conviction and that the evidence is insufficient to sustain his convictions. After review, we reverse and remand in part, and reverse and dismiss in part. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Michael L. Powell and Randall S. Horne
A jury convicted Michael L. Powell and Randall S. Horne (“the Defendants”) each of one count of aggravated burglary; six counts of aggravated robbery; four counts of especially aggravated kidnapping; two counts of aggravated assault; one count of employing a firearm during the commission of a dangerous felony; and one count of possession of a firearm with intent to go armed during the commission of a dangerous felony. The trial court subsequently merged several convictions of each Defendant and, after a hearing, sentenced each Defendant to an effective term of twenty-four years. In this consolidated appeal, both Defendants challenge the validity of their convictions of especially aggravated kidnapping. Horne also challenges the sufficiency of the evidence on all of his convictions, and Powell also challenges the trial court’s imposition of partial consecutive sentencing. Upon our careful review of the record and the recent Tennessee Supreme Court decision in State v. White, __ S.W.3d __, 2012 WL 758916 (Tenn. 2012), we hold that the Defendants’ convictions of especially aggravated kidnapping must be reversed and remanded for a new trial. We also are constrained to find plain error with respect to the trial court’s instructions to the jury on the firearms offenses, and we must reverse those convictions and remand them for a new trial. Therefore, Powell’s challenge to his consecutive sentence is rendered moot. The Defendants’ remaining convictions and sentences are affirmed. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Lashawn Johnson
A jury convicted LaShawn Johnson (“the Defendant”) of aggravated burglary and attempted theft of property valued at $1,000 or more but less than $10,000. On appeal, he raises two issues: (1) whether the evidence was sufficient to support his convictions; and (2) whether the trial court erred in ruling that the Defendant’s prior theft convictions would be admissible should he testify. After a careful review of the record, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
Ricky Thomas Hughes v. David Sexton, Warden
The petitioner, Ricky Thomas Hughes, appeals the Davidson County Criminal Court’s summary dismissal of his petition for writ of habeas corpus, arguing that he is entitled to habeas corpus relief from his especially aggravated robbery conviction because the victim died instantly rather than suffering a serious bodily injury. Following our review, we affirm the summary dismissal of the petition. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Christopher Schurman
Appellant, Christopher Schurman, appeals the trial court’s revocation of his probation, arguing that he is entitled to credit for time served on probation under the supervision of community corrections and that the underlying probation revocation agreement violated his right to due process. Finding no error, we affirm the judgment of the trial court. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Thorne Peters
A Shelby County Criminal Court jury convicted the defendant, Thorne Peters, of one count of simple possession of marijuana, see T.C.A. § 39-17-418, and the trial court imposed a sentence of 11 months and 29 days’ incarceration in the local workhouse; with respect to the manner of service, the judgment said,“[T]ime served.” On appeal, the defendant challenges the sufficiency of the evidence to support his conviction, the trial court’s granting the State’s motion to quash a subpoena of the former sheriff, and the trial court’s limitation of crossexamination of a witness. Discerning neither a paucity in the evidence nor reversible error committed by the trial court, we affirm the judgment of the trial court but remand for clarification of pretrial jail credit. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jeremiah L. Woods
The defendant, Jeremiah L. Woods, was convicted by a Madison County jury of one count of premeditated first degree murder and sentenced to life imprisonment. On appeal, the defendant raises the single issue of sufficiency of the evidence. He contends that the evidence is insufficient only with regard to the element of premeditation. Following review of the record, we conclude that the evidence of premeditation in the record is overwhelming and, accordingly, affirm the conviction. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Keesha P. Washington
The Defendant, Keesha P. Washington, was found guilty by a Williamson County Circuit Court jury of aggravated arson, a Class A felony. See T.C.A. § 39-14-302 (2010). She was sentenced as a Range I, violent offender to eighteen years’ confinement. On appeal, the Defendant contends that the trial court committed plain error by not holding a hearing to ensure that she knowingly and voluntarily waived her right not to testify and that her sentence is excessive. We affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Jeffrey Wade Osborne
The defendant, Jeffrey Wade Osborne, appeals his Williamson County Circuit Court bench trial conviction of felony failure to appear, see T.C.A. § 39-16-609, arguing that his trial should not have occurred while competency proceedings were still pending and that the trial court erroneously denied a motion for judgment of acquittal made at the close of the State’s proof. Discerning no error, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Charles Edward Durham
The appellant, Charles Edward Durham, was convicted in the Davidson County Criminal Court of possession of not less than one-half ounce but not more than ten pounds of marijuana in a school zone with the intent to sell and of being a felon in possession of a firearm. The trial court imposed a total effective sentence of three years in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court’s denial of his motion to suppress evidence that he alleges was discovered after he was illegally detained and the sufficiency of the evidence supporting his drug conviction. Upon review, we affirm the judgments of the trial court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. James Drew Freeman, Jr.
The defendant, James Drew Freeman, Jr., appeals from his White County Circuit Court jury conviction of second degree murder, claiming that the admission of the autopsy report via a witness who did not perform the autopsy violated his constitutional right to confront the witnesses against him, that the State engaged in improper and inflammatory closing argument, and that the evidence was insufficient to support his conviction. Discerning no error, we affirm the judgment of the trial court. |
White | Court of Criminal Appeals |
