Asata D. Lowe v. James Fortner, Warden
The Petitioner, Asata D. Lowe, was convicted by a Blount County jury of two counts of first degree premeditated murder, two counts of felony murder in the perpetration of a robbery, two counts of felony murder in the perpetration of a theft, one count of especially aggravated robbery, and one count of theft. Lowe subsequently filed a petition for a writ of habeas corpus in the Blount County Circuit Court, which was dismissed after a hearing. On appeal, Lowe argues that the judgments are void because numerous constitutional errors deprived the trial court of authority to try and sentence him. He asserts that his right to a fair trial was violated by the State’s failure to disclose evidence and the trial court’s failure to instruct the jury properly, that his Fourth Amendment rights were violated by the seizure and admission at trial of evidence, that his right to the effective assistance of counsel was violated by his counsel’s performance at trial, and that his right against double jeopardy and due process rights were violated by multiplicitous indictments. Upon review, we affirm the judgment of the habeas court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Tray Turner
The Defendant, Tray Turner, appeals as of right from a jury conviction for aggravated robbery, a Class B felony, in the Criminal Court for Knox County. Following a sentencing hearing, the court imposed a sentence of 14 years incarceration at 100 percent service. The Defendant contends (1) that the State presented insufficient evidence to sustain his conviction for aggravated robbery and (2) that the trial court erred in ordering him to serve 100 percent of his sentence. After a review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
Ray Turner v. State of Tennessee
In 2008, a Davidson County jury convicted the Petitioner, Ray Turner, of one count of conspiracy to deliver 300 grams or more of cocaine and one count of delivering 300 grams or more of cocaine. This Court affirmed the Petitioner’s convictions on appeal. See State v. Kenneth Miller and Ray Junior Turner, No. M2008-02267-CCA-R3-CD, 2010 WL 1644969 (Tenn. Crim. App., at Nashville, Apr. 22, 2010). The Petitioner filed a petition for habeas corpus relief, in which he alleged that his indictment was void because the State improperly amended the indictment to include that he committed the offenses in a school zone and that the trial court erred when it sentenced him. On appeal, he contends the habeas corpus court erred when it dismissed his petition. After a thorough review of the record and applicable authorities, we affirm the habeas corpus court’s judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Timothy L. Morton
Appellant, Timothy L. Morton, appeals the revocation of his probation, claiming that the trial court abused its discretion by revoking his probation and ordering execution of the original effective sentence of three years. Finding no error, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
State of Tennessee v. Brandon L. Smith
The defendant, Brandon L. Smith, pled guilty to voluntary manslaughter and agreed to be sentenced as a Range III, persistent offender. After a sentencing hearing, the trial court sentenced the defendant to thirteen years and six months to be served in the Tennessee Department of Correction. On appeal, the defendant contends that the trial court erred when it: (1) relied upon hearsay statements contained in the presentence report at sentencing; and (2) denied him an alternative sentence. Following review of the record, we conclude that the defendant’s first claim has been waived and his second claim is moot. We affirm accordingly. |
Marion | Court of Criminal Appeals | |
State of Tennessee v. Nero Oswald Jones
Nero Oswald Jones (“the Defendant”) appeals jury convictions for first degree premeditated murder and voluntary manslaughter, claiming that the trial court erred in: (1) allowing statements made by the Defendant to law enforcement officials; (2) excluding the Defendant’s line of questioning on cross-examination of a witness regarding potential bias based upon alleged romantic interest; (3) excluding testimony of one witness purporting to impeach the testimony of another witness; and (4) allowing the testimony of a lay witness based on her experience with firearms. The Defendant also challenges the sufficiency of the evidence for both convictions. After a thorough review of the record and the applicable law, we affirm the Defendant’s convictions. |
Hardeman | Court of Criminal Appeals | |
State of Tennessee v. Eric Sims
The Defendant, Eric Sims, was convicted by a Shelby County jury of two counts of aggravated robbery, a Class B felony. The trial court sentenced the Defendant as a standard offender to eight years on each conviction to be served concurrently. The Defendant filed an untimely notice of appeal, raising three issues: (1) whether the evidence is sufficient to support his convictions for aggravated robbery; (2) whether the trial court erred by allowing the State to question the Defendant about his arrest involving an explosive device at school when he was fourteen years old; and (3) whether the trial court erred by instructing the jury as to all three subsections of the criminal responsibility statute, Tennessee Code Annotated section 39-11-402 (2006). After a careful review of the record, we hold that the trial court erred by instructing the jury as to all three subdivisions of the criminal responsibility statute. We, however, conclude that the Defendant failed to prove that this error probably changed the outcome of the trial. Accordingly, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Anthony Brown
A Shelby County jury convicted the Defendant-Appellant, Anthony Brown, of possession of 0.5 grams or more of cocaine with intent to deliver, a Class B felony, simple possession of cocaine, a Class A misdemeanor, and simple possession of marijuana, a Class A misdemeanor. The conviction for simple possession of cocaine was merged with the Class B felony, and Brown received an effective twenty-year sentence as a Range II offender. On appeal, Brown argues that (1) the evidence was insufficient to support his conviction of possession with intent to deliver, (2) the State committed prosecutorial misconduct at trial, and (3) the trial court erred in instructing the jury. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jawad K. Salman
Jawad Salman (“the Petitioner”) filed a motion to withdraw his guilty plea for conspiracy to manufacture less than one hundred plants of marijuana, a D felony. The trial court denied the motion, and final judgment was entered. The Petitioner timely appealed, asserting that his guilty plea was void because of the failure to reduce the Petitioner’s guilty plea to a signed writing and that the trial court erred by not allowing the Petitioner to withdraw his guilty plea. We affirm the trial court’s judgment pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. |
Dickson | Court of Criminal Appeals | |
Johnny J. Peterson v. State of Tennessee
The petitioner, Johnny J. Peterson, appeals the post-conviction court’s denial of his petition for post-conviction relief from his first degree murder and attempted first degree murder convictions. On appeal, he argues that he received the ineffective assistance of counsel. After review, we affirm the denial of the petition. |
Shelby | Court of Criminal Appeals | |
Johnny J. Peterson v. State of Tennessee - Concurring
I concur in the results reached in the majority opinion. I respectfully disagree, though, with the reasoning used. I believe the evidence fairly raised the issue of self-defense, thereby justifying an instruction to the jury. I also believe that under the facts in this case, selfdefense was not inconsistent with a claim of reckless homicide. I, however, am not persuaded that counsel performed deficiently nor that prejudice has been shown. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Joseph L. Lands
Defendant, Joseph L. Lands, pled guilty to vehicular homicide by intoxication, and he intended, pursuant to Tennessee Rule of Criminal Procedure 37(b)(2), to reserve the following certified question of law for appeal: “Whether proof of actual attempts by law enforcement officers to obtain a lawful warrant must be placed on the record before the court may find that exigent circumstances exist, such that the warrant requirement can be excused?” After review of the entire record, we conclude this appeal must be dismissed. |
McNairy | Court of Criminal Appeals | |
State of Tennessee v. Vernon Motley
The defendant, Vernon Motley, was convicted by a Shelby County Criminal Court jury of first degree premeditated murder and sentenced to life imprisonment. On appeal, he argues that: (1) the trial court gave an improper jury instruction on premeditation; (2) the trial court erred when it did not grant the defendant’s motion for a mistrial based on a Brady violation; (3) the trial court erred when it allowed testimony of the victim’s dying declaration to include information concerning the motive for the killing; and (4) the State’s argument during closing was improper and amounted to plain error. After review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Christopher Johnson v. State of Tennessee
The Petitioner, Christopher Johnson, appeals as of right from the Bradley County Criminal Court’s summary dismissal of his petition for post- conviction relief. The Petitioner contends that the post-conviction court erred by summarily dismissing his petition because it relied upon “unconstitutional” case law in determining that the petition failed to present a colorable claim for post-conviction relief. Following our review, we affirm the judgment of the post-conviction court. |
Bradley | Court of Criminal Appeals | |
James Alton Campbell v. State of Tennessee
The petitioner, James Alton Campbell, appeals the partial denial of his petition for post-conviction relief. In this appeal, the petitioner asserts that he was denied the effective assistance of counsel at trial. Discerning no error, we affirm. |
Grundy | Court of Criminal Appeals | |
State of Tennessee v. Bo W. Prendergast
A Williamson County Circuit Court jury convicted the defendant, Bo W. Prendergast, of one count of theft of property valued at over $10,000 but less than $60,000, see T.C.A. §§ 39-14-103, -105(4) (2006), and the trial court imposed a sentence of 15 years’ incarceration as a Range III, persistent offender to be served consecutively to a previously imposed sentence. On appeal, the defendant challenges the sufficiency of the evidence to support his conviction and urges this court to conclude that the trial court committed plain error by excluding a State’s witness’s felony convictions for use as impeachment. Discerning neither a paucity in the evidence nor that substantial justice requires consideration of the alleged error, we affirm the judgment of the trial court. |
Williamson | Court of Criminal Appeals | |
Frank Warren Currah v. State of Tennessee
The petitioner, Frank Warren Currah, appeals the post-conviction court’s denial of his petition for post-conviction relief from his convictions of sexual exploitation of a minor and aggravated stalking and resulting effective sentence of eight years in confinement. On appeal, the petitioner contends that he received the ineffective assistance of counsel. Based upon the record and the parties’ briefs, we affirm the judgment of the post-conviction court. |
Moore | Court of Criminal Appeals | |
State of Tennessee v. Henry T. Johnson
A Montgomery County Circuit Court Jury convicted the appellant, Henry T. Johnson, of first degree premeditated murder and aggravated burglary. The trial court imposed concurrent sentences of life imprisonment in the Tennessee Department of Correction for the first degree murder conviction and three years for the aggravated burglary conviction. On appeal, the appellant challenges the sufficiency of the evidence sustaining his conviction for first degree murder, arguing that the State failed to prove premeditation. Upon review, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Steven Thacker
Appellant, Steven Thacker, appeals the revocation of his probation, claiming that the trial court abused its discretion by revoking his probation and ordering execution of the original sentence. Finding no error, we affirm the judgment of the trial court. |
Sequatchie | Court of Criminal Appeals | |
State of Tennessee v. Rodney K. Glover
A Montgomery County Circuit Court jury convicted the defendant, Rodney K. Glover, of conspiracy to commit aggravated burglary, aggravated burglary, conspiracy to commit theft of property valued at over $10,000 but less than $60,000, aggravated robbery, aggravated kidnapping, and theft of property valued at less than $500. At sentencing, the trial court imposed a total effective sentence of 50 years’ incarceration. On appeal, the defendant challenges the trial court’s imposition of sentences as to both the length and alignment of service. Discerning no error, we affirm the judgments of the trial court. |
Montgomery | Court of Criminal Appeals | |
Jeffrey Klocko v. State of Tennessee
Jeffrey Klocko (“the Petitioner”) filed for post-conviction relief, challenging his convictions for aggravated sexual battery, sexual battery by an authority figure, and assault by offensive or provocative contact, which resulted in an effective sentence of thirteen years. As his basis for relief, he alleged numerous grounds of ineffective assistance of counsel. After an evidentiary hearing, the post-conviction court denied relief, and this appeal followed. On appeal, the Petitioner asserts that trial counsel failed to interview the Petitioner’s therapist or mother and failed to call either of them at trial, resulting in ineffective assistance. Upon a thorough review of the record, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
William L. A. Church v. State of Tennessee
The petitioner, William L.A. Church, challenges the trial court’s denial of his petitions for writ of error coram nobis relief from his convictions for passing a forged check and aggravated assault, alleging that newly discovered evidence warrants relief. Upon review, we conclude that the petitioner failed to allege any “newly discovered evidence” and affirm the judgments of the trial court. |
Hamilton | Court of Criminal Appeals | |
Tommy Earl Jones v. State of Tennessee
The Petitioner, Tommy Earl Jones, appeals from the trial court’s dismissal of his petition for post-conviction relief based upon its finding that the petition was filed after the expiration of the applicable statute of limitations. 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. We find the State’s motion has merit. Accordingly, the motion is granted and the judgment of the Circuit Court is affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. |
Dickson | Court of Criminal Appeals | |
Tarina Simmons v. State of Tennessee
The petitioner, Tarina Simmons, appeals the Davidson County Criminal Court’s denial of her petition for post-conviction relief. The petitioner, pursuant to a negotiated plea agreement, entered best-interest guilty pleas to two counts of second degree murder and was sentenced to concurrent sentences of thirty-five years. Thereafter, she filed a post-conviction petition alleging that her guilty pleas were not knowingly and voluntarily entered based upon the ineffective assistance of counsel. Specifically, she contends that trial counsel was ineffective by: (1) failing to adequately consult with her about the plea process and review the evidence against her; (2) overemphasizing the possible number of years the petitioner could receive in jail, resulting in the pleas being coerced; and (3) allowing the petitioner to proceed when her mental state was not stable enough to allow her to properly participate in the process. Following review of the record, we find no error and affirm the denial of post-conviction relief. |
Davidson | Court of Criminal Appeals | |
Ydale Banks v. State of Tennessee
The petitioner, Ydale Banks, appeals the denial of his petition for post-conviction relief from his convictions for first degree felony murder, first degree premeditated murder, conspiracy to commit first degree premeditated murder, especially aggravated burglary, facilitation of especially aggravated robbery, three counts of especially aggravated kidnapping, and three counts of aggravated assault. He argues that: (1) the post-conviction court erred in finding that he was not prejudiced by the instructions submitted to the jury that contained the trial court’s handwritten corrections; (2) the post-conviction court erred in determining that he received the effective assistance of counsel at trial and on appeal; and (3) the post-conviction court erred in not granting a new trial due to cumulative error. After review, we affirm the denial of post-conviction relief. |
Shelby | Court of Criminal Appeals |
