State of Tennessee v. J. Steven Brasfield
The Defendant, J. Steven Brasfield, pled guilty to three counts of violating trapping regulations. The trial court sentenced the Defendant to serve thirty days of probation and ordered him to pay $5500 in restitution. On appeal, the Defendant contends that restitution is not proper in this case and that the trial court erred when it set the amount of restitution. After a thorough review of the evidence and the applicable authorities, we reverse and remand the case for the trial court, in determining the appropriate restitution in this case, to consider the Defendant’s financial resources and ability to pay. |
Haywood | Court of Criminal Appeals | |
State of Tennessee v. Bryan Ray Phillips
The Defendant-Appellant, Bryan Ray Phillips, entered open guilty pleas in the Bedford County Circuit Court to one count of theft of over $10,000.00, a Class C felony; one count of evading arrest with risk of death or injury, a Class D felony; and one count of evading arrest, a Class A misdemeanor. The sole issue presented for our review is whether the trial court erred in ordering Phillips to serve his felony sentences consecutively. Upon review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Robert D. Mendenhall v. State of Tennessee
On February 1, 2007, Petitioner, Robert D. Mendenhall, pled guilty in Rutherford County to thirteen counts of the unlawful sale of unregistered securities, theft over $60,000 and theft over $1,000. He agreed to a sentence of twenty years pursuant to his plea agreement. Petitioner filed a petition for post-conviction relief asserting that he had been afforded ineffective assistance of counsel and that his plea was entered involuntarily and unintelligently based upon the ineffective assistance of counsel. After holding an evidentiary hearing, the post-conviction court found that Petitioner had been afforded effective assistance of counsel and had entered his plea voluntarily. Therefore, the post-conviction court denied the petition. On appeal, Petitioner argues that the post-conviction court erred in denying his petition. After a thorough review of the record, we conclude that the evidence presented at the evidentiary hearing does not preponderate against the findings of the post-conviction court. Therefore, we affirm the denial of the petition for post-conviction relief. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Darrell Tywon Lockridge and Christopher Allen Turner
Appellants, Darrell Tywon Lockridge and Christopher Allen Turner, were indicted by the Davidson County Grand Jury in July of 2006 for attempted especially aggravated robbery and attempted first degree murder. After a jury trial, Appellant Lockridge was convicted of attempted second degree murder and attempted especially aggravated robbery. Appellant Turner was found not guilty of attempted first degree murder but was convicted of attempted aggravated robbery. Appellant Lockridge was sentenced to an effective twenty-year sentence, and Appellant Turner received a nine-year sentence. Both Appellant Lockridge and Appellant Turner appeal their convictions and sentences. After a review of the record, we determine that the evidence is sufficient to support the convictions and that the trial court properly sentenced both Appellants. Accordingly, the judgments of the trial court are affirmed. |
Davidson | Court of Criminal Appeals | |
Paul Carr Moss v. State of Tennessee
Petitioner, Paul Carr Moss, Jr., appeals the denial of post-conviction relief. After Petitioner was convicted of the second degree murder of his wife, he appealed his conviction and sentence. State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). On appeal, his conviction and sentence was affirmed. Id. at 389. A petition for post-conviction relief was filed by the attorney who represented Petitioner on appeal. Petitioner instructed the post-conviction court that the petition was submitted without his knowledge or consent and to ignore the petition. Petitioner subsequently filed a pro se petition for post-conviction relief. Once counsel was appointed, Petitioner filed an amended petition for post-conviction relief. After a hearing, the post-conviction court denied relief. Petitioner appeals the denial. After a review, we determine that the Petitioner has failed to show that he received ineffective assistance of counsel. Accordingly, the judgment of the post-conviction court is affirmed. |
Robertson | Court of Criminal Appeals | |
State of Tennessee v. Kevin Allen Gentry
A Sevier County Criminal Court Jury convicted the appellant, Kevin Allen Gentry, of one count of rape of a child. Following the conviction, the trial court imposed a sentence of twenty-five years in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erred in admitting an audiotaped message recorded by the appellant, arguing that the statements on the tape were not relevant to the issues at trial, or, in the alternative, were overly prejudicial. Upon review, we conclude that there is no reversible error and affirm the judgment of the trial court. |
Sevier | Court of Criminal Appeals | |
Monoleto D. Green v. State of Tennessee
The Appellant appeals the trial court's dismissal of his petitions for habeas corpus and error coram nobis relief. Finding no error in the trial court's orders, the judgment of the trial court is affirmed. |
Rutherford | Court of Criminal Appeals | |
State of Tennessee v. Aubrey Clark Baker
The Appellant, Aubrey Clark Baker, appeals the trial court's denial of his motion for a reduction of sentence. Because the Appellant's motion was not timely filed, the judgment of the trial court is affirmed.
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Sumner | Court of Criminal Appeals | |
Jermeil Tarter v. State of Tennessee - Dissenting
I respectfully dissent. I conclude that the case should be remanded for the appointment of counsel and for continuing with the post-conviction proceeding |
Sullivan | Court of Criminal Appeals | |
Jermeil Tarter v. State of Tennessee
The pro se Petitioner, Jermeil Tarter, appeals as of right from the Sullivan County Criminal Court’s denial of his petition for post-conviction relief attacking his conviction for sale of .5 grams or more of cocaine within a school zone. Upon preliminary consideration, the postconviction court found that the petition failed to state a cognizable claim and summarily dismissed the petition. On appeal, the Petitioner claims that the post-conviction court should have appointed counsel, allowed amendment of the petition, and conducted an evidentiary hearing. Following our review, we affirm the summary dismissal of the petition for postconviction relief. |
Sullivan | Court of Criminal Appeals | |
Renwick Andre Earls, Jr. v. State of Tennessee
The petitioner, Renwick Andre Earls, Jr., appeals the denial of his petition for post-conviction relief. He entered a plea of guilty to the offense of second degree murder, a Class A felony, in exchange for a sentence of forty-years to be served as a Range II, multiple offender. On appeal, he argues that he received ineffective assistance of counsel which resulted in him entering an involuntary and unknowing guilty plea. After careful review, we affirm the denial of post-conviction relief. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Charles Sharp
The Shelby County Grand Jury indicted Appellant, Charles Sharp, for one count of especially aggravated sexual exploitation of a minor, four counts of rape, one count of sexual battery by an authority figure, and one count of vandalism. An initial trial resulted in an acquittal for all charges except the especially aggravated sexual exploitation of a minor. At the second trial, a key witness was unavailable. Over the objection of Appellant, her redacted testimony from the first trial was read to the jury and presented as evidence. The jury convicted Appellant as charged. He was sentenced to nine years as a Range I, standard offender. On appeal, Appellant argues that his constitutional right of confrontation was violated by the State’s presentation of the previous testimony of this witness, that the evidence was insufficient to support his conviction, that the trial court erred in sentencing Appellant to nine years as a Range I, standard offender, and that the trial court erred in denying probation. After a thorough review of the record, we have determined that the evidence is sufficient to sustain the verdict and that Appellant was properly sentenced. The State’s failure to adequately prove that it had made a good faith effort to locate the missing witness’ testimony from Appellant’s first trial violated Appellant’s constitutional right to confront the witness. Therefore, this case is reversed and remanded for a new trial. |
Shelby | Court of Criminal Appeals | |
Michael Bills v. State of Tennessee
The Petitioner, Michael Bills, appeals from the Madison County Circuit Court’s denial of post-conviction relief from his conviction for possession with the intent to sell one-half gram or more of cocaine, a Class B felony. In his appeal, the Petitioner argues that he received ineffective assistance of counsel because trial counsel (1) failed to call two witnesses to testify at trial and (2) failed to properly prepare a defense. Upon review, we affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Andrew Deon Harville
The Defendant-Appellant, Andrew Deon Harville, was convicted by a Tipton County jury of first degree premeditated murder and evading arrest in a motor vehicle, a Class E felony. He received a life sentence as a violent offender for first degree murder, and he was sentenced as a standard offender to two years for evading arrest. The trial court ordered that the two-year sentence be served consecutive to the life sentence. On appeal, Harville claims his conviction for first degree murder was not supported by sufficient evidence of premeditation. Upon review, we affirm the judgment of the trial court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Bradley Hawks
The Defendant-Appellant, Bradley Hawks, pled guilty in the Circuit Court of Crockett County to possession of less than .5 grams of methamphetamine with intent to sell or deliver, a Class C felony. He was sentenced to eight years in the Tennessee Department of Correction and fined $2,000. Pursuant to Tennessee Rule of Criminal Procedure 37, Hawks attempted to reserve the following certified question of law: “Whether the search and arrest of the defendant was unconstitutional in violation of Article I, Section 7 of the [Tennessee] Constitution and the 4th Amendment of the U.S. Constitution.” Because the certified question fails to identify the scope and limits of the legal issue reserved, we conclude that we are without jurisdiction to consider this appeal, and therefore it is dismissed. |
Crockett | Court of Criminal Appeals | |
State of Tennessee v. Robert Dale Jarvis
The Lincoln County Grand Jury indicted Appellant, Robert Dale Jarvis, for a total of twenty-one counts including aggravated burglary, theft over $500, theft over $1,000, and vandalism. Appellant pled guilty to two counts of theft over $500 and five counts of theft over $1,000. As a result of the guilty plea, the trial court imposed an effective sentence of twelve years to be served as a career offender at sixty percent. At the guilty plea hearing, the parties discussed the reservation of a certified question upon which Appellant wanted to appeal. On appeal, after a thorough review of the record, we conclude that Appellant has not properly preserved the certified question of law. Therefore, we must dismiss this appeal for want of jurisdiction. |
Lincoln | Court of Criminal Appeals | |
State of Tennessee v. Sheila Marie Lott
The Bedford County Grand Jury indicted Appellant, Sheila Lott, for eight counts of criminal simulation, one count of theft over $1,000, and one count of fraudulent use of credit/debit card. Appellant pled guilty to all charges as set out in the indictments. The trial court sentenced Appellant as a Range II, multiple offender to an effective sentence of eighteen years and six months. On appeal, Appellant argues that the trial court erred in setting the length of her sentences within the range and in imposing consecutive sentences. After a thorough review of the record, we conclude that the trial court correctly applied enhancement and mitigating factors and that Appellant has waived her issue regarding the imposition of consecutive sentences for failure to include an argument or cite to authority in her brief. Therefore, the judgments of the trial court are affirmed. |
Bedford | Court of Criminal Appeals | |
State of Tennessee v. Mitchell Garner
The Appellant-Defendant, Mitchell Garner, was convicted by a Shelby County jury of aggravated sexual battery, a Class B felony. The trial court sentenced Garner as a violent offender to the maximum sentence of twelve years in the Tennessee Department of Correction. On appeal, he claims: (1) the insufficiency of the evidence; and (2) the trial court erred in imposing the maximum sentence because it misapplied two enhancement factors. Upon review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Rudolph Powers v. State of Tennessee
A Shelby County Criminal Court jury convicted the Petitioner, Rudolph Powers, of aggravated rape and robbery accomplished with a deadly weapon against the victims Vivian Brodie and Carol Boone, and the Petitioner was sentenced to life imprisonment and twentyfive years respectively, which were to be served concurrently. A few months later, another Shelby County Criminal Court jury convicted the Petitioner of aggravated rape against victim Kris Brewer, and the trial court sentenced him to fifty years of imprisonment. The Petitioner was ordered to serve his fifty-year sentence consecutively to his concurrent sentences of life imprisonment and twenty-five years. Following a direct appeal and several collateral appeals, which were unsuccessful, the Petitioner filed a petition for post-conviction DNA analysis, which the post-conviction court denied. On appeal, the Petitioner contends that the post-conviction court erred in denying his petition for post-conviction DNA analysis. Upon review, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Willie Hall
The defendant, Willie Hall, was convicted by a Shelby County jury of assault, a Class A misdemeanor, and was sentenced to eleven months, twenty-nine days in jail and assessed a $500 fine. On appeal, he argues that: (1) the trial court erred in denying his motion in limine to exclude the 911 tape; (2) the trial court gave improper jury instructions on self-defense and flight; (3) the evidence is insufficient to sustain his conviction; and (4) the trial court imposed an excessive sentence. After review, we affirm the judgment of the trial court and remand for entry of a corrected judgment to reflect that the defendant is to serve sixty percent of his sentence. |
Shelby | Court of Criminal Appeals | |
John Carroll Cook v. State of Tennessee
The Petitioner, John Carroll Cook, pled guilty in the Madison County Circuit Court to rape of a child and aggravated sexual battery. He received a total effective sentence of twentyfive years to be served at one hundred percent. Subsequently, the Petitioner filed for postconviction relief, alleging that his trial counsel was ineffective and that his guilty pleas were not knowingly and voluntarily entered. The post-conviction court denied relief, and the Petitioner appeals. Upon review, we affirm the judgment of the post-conviction court. |
Madison | Court of Criminal Appeals | |
State of Tennessee v. Sheila White Carlton
The Defendant-Appellant, Sheila White Carlton, was indicted for one count of burglary of an automobile, a Class E felony; one count of assault, a Class A misdemeanor; and one count of theft of property valued at $500 or less, a Class A misdemeanor. A Gibson County Circuit Court jury subsequently acquitted Carlton of the burglary count, found her guilty of the theft count, and failed to reach a verdict on the assault count, which resulted in a mistrial on that |
Gibson | Court of Criminal Appeals | |
Yolanda D. Barefield v. State of Tennessee
The pro se petitioner, Yolanda D. Barefield, appeals the summary dismissal of her petition for post-conviction relief. On appeal, she alleges that she entered an involuntary guilty plea due to the ineffective assistance of counsel. After careful review, we remand to the trial court for appointment of counsel and a hearing regarding the issue of whether the petitioner received ineffective assistance of counsel with regard to her guilty plea to felony escape. |
Davidson | Court of Criminal Appeals | |
Michael Hoover v. State of Tennessee
Petitioner, Michael Hoover, appeals the post-conviction court’s dismissal of his postconviction petition in which Petitioner alleged that his trial counsel rendered ineffective assistance of counsel in connection with the entry of his plea of guilty, and that his guilty plea was not voluntarily or knowingly entered. After a thorough review we affirm the judgment of the post-conviction court. |
Tipton | Court of Criminal Appeals | |
State of Tennessee v. Christopher J. Johnson
Appellant Christopher J. Johnson pled guilty to selling marijuana and especially aggravated burglary. He was given an effective sentence of 8 years, suspended and to be served on probation. He was then charged with violating the terms of his probation. After an evidentiary hearing, the trial court revoked his probation and ordered that the sentences be served in confinement. He appeals, arguing that revoking his probation in full was excessive. Upon review, we affirm. |
Dickson | Court of Criminal Appeals |
