State of Tennessee v. Tammy L. McDonald
The Defendant, Tammy L. McDonald, appeals her conviction upon a guilty plea in the Blount County Circuit Court for theft of property over $60,000, a Class B felony. Pursuant to a plea agreement, the Defendant received a Range I, ten-year sentence with the manner of service to be determined by the trial court. At the sentencing hearing, the trial court ordered the Defendant to serve the sentence in confinement. The Defendant appeals, contending that the trial court erred in denying alternative sentencing. We affirm the judgment of the trial court. |
Blount | Court of Criminal Appeals | |
State of Tennessee v. Michael D. Sweat
The Defendant, Michael D. Sweat, was convicted by a jury in the Knox County Criminal Court of aggravated robbery, a Class B felony, and was sentenced by the trial court as a Range II, multiple offender to seventeen years in the Department of Correction. The Defendant appeals, contending (1) that the evidence is insufficient to support his conviction, (2) that he was denied his constitutional right to a fair trial when the State suborned perjury, (3) that the State impermissibly shifted the burden of proof to the Defendant when it questioned why additional alibi witnesses were not called, (4) that the trial court erred when it allowed the admission into evidence of his prior convictions, (5) that the trial court erred when it failed to allow the Defendant to poll the jury, and (6) that he was denied a fair trial because the verdict was based on juror misconduct. We affirm the judgment of the trial court. |
Knox | Court of Criminal Appeals | |
Derek T. Payne v. State of Tennessee
The Petitioner, Derek T. Payne, appeals as of right the Shelby County Criminal Court’s denial of his petition for post-conviction relief. The Petitioner was convicted by a jury of second degree murder and attempted especially aggravated robbery, and he received an effective sentence of thirty-seven years. On appeal, he argues that the denial of his petition was error because he did not receive the effective assistance of counsel at trial or on appeal. Specifically, he contends that counsel failed to raise or challenge certain jury instruction issues, failed to fulfill promises made during the opening statement, failed to introduce evidence of the victim’s past conduct to show that the victim was the first aggressor, and failed to object to the State’s improper closing argument. Additionally, he contends that his sentence was unconstitutionally imposed based on Blakely v. Washington, 542 U.S. 296 (2004). Following our review of the record and the parties’ briefs, we conclude that the Petitioner has not shown that he is entitled to relief. The judgment of the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Abby L. Mills
This case is before the court upon the Tennessee Supreme Court’s remand for further consideration in light of its opinion in State v. Saine, 297 S.W.3d 199 (Tenn. 2009). The defendant, Abby L. Mills, was indicted by the Lauderdale County Grand Jury for possession of a Schedule II controlled substance, cocaine, with the intent to deliver; possession of a Schedule III controlled substance, Hydrocodone, with the intent to deliver; and possession of a Schedule VI controlled substance, marijuana, with the intent to deliver over .5 ounces. After a hearing, the trial court granted defendant’s motion to suppress evidence of items found in the defendant’s home. On appeal, the state asserted that the trial court erred in suppressing the evidence obtained as a result of a valid search warrant. This court initially affirmed the trial court’s suppression of evidence based on lack of probable cause to support the issuance of a search warrant. Upon review, we hold that the warrant to search the defendant’s home was supported by probable cause. We therefore reverse the judgment of the trial court. |
Lauderdale | Court of Criminal Appeals | |
State of Tennessee v. Stephen Louis Young
A Decatur County jury found the defendant, Stephen Louis Young, guilty of one count of rape of a child, a Class A felony, and one count of aggravated sexual battery, a Class B felony. The court sentenced the defendant to twenty-five years for rape of a child to be served concurrently with twelve years for aggravated sexual battery at 100% in the Tennessee Department of Correction. On appeal, the defendant argues that (1) the district attorney’s comments during closing arguments constituted prosecutorial misconduct; (2) the trial court erred in sentencing the defendant; and (3) the trial court erred in ruling that the defendant’s confession was voluntary. Upon review, we affirm the judgments of the trial court. |
Decatur | Court of Criminal Appeals | |
In Re: Tyrone A. Byrd, D/B/A A Alpha Bail Bond Agency v. State of Tennessee
The appellant, Tyrone A. Byrd, acting pro se, appeals from an order revoking his right to issue bail bonds in the Twenty-Fifth Judicial District. On appeal, he argues that the trial court erred in suspending his right to issue bonds. After careful review, we affirm the order from the trial court. |
Fayette | Court of Criminal Appeals | |
State of Tennessee v. Randall Gene Reynolds a.k.a Randy Reynolds
The Appellant-Defendant, Randall Gene Reynolds, pled guilty in the Circuit Court of Lake County to flagrant nonsupport of a minor child, a Class E felony. He was sentenced to five years of probation and was ordered to pay restitution in the amount of $13,440. Pursuant to Tennessee Rule of Criminal Procedure 37, Reynolds reserved as a certified question of law the issue of whether the trial court erred by denying his motion to dismiss the indictment. Reynolds contends the order setting child support was invalid, and therefore his failure to comply with the order cannot form the basis of prosecution. Following our review of the record, we conclude that the certified question is not dispositive of this case, and thus we lack jurisdiction to review this appeal. The judgment of the trial court is affirmed. |
Lake | Court of Criminal Appeals | |
Asata D. Lowe v. State of Tennessee
The Appellant, Asata D. Lowe, appeals the trial court's dismissal of his petition for habeas corpus relief. The Appellant fails to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Hickman | Court of Criminal Appeals | |
Michael Angelo Coleman v. State of Tennessee
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Shelby | Court of Criminal Appeals | |
State of Tennessee v. Jamie Lee McKinney
The Defendant-Appellant, Jamie Lee McKinney, appeals the revocation of his probation. He pled guilty in the Circuit Court of Henry County to attempt to commit aggravated sexual battery, a Class C felony. He was sentenced to six years supervised probation after nine months of confinement. On appeal, he claims: (1) the probation condition prohibiting marriage to someone with a minor child is unconstitutional; and (2) the trial court abused its discretion by revoking McKinney’s probation because he left Henry County without his probation officer’s permission. Upon review, we affirm the judgment of the trial court. |
Henry | Court of Criminal Appeals | |
State of Tennessee v. Tallie Riley
A Knox County Criminal Court jury convicted the defendant, Tallie Riley, of aggravated kidnapping, kidnapping, and aggravated criminal trespass. On appeal, the defendant avers that the trial court erred in permitting the assistant district attorney general to question the defendant about inadmissible prior bad acts, see Tenn. R. Evid. 404(b), and in denying his motion for mistrial. Further, the defendant alleges prosecutorial misconduct. After a careful review of the record, we affirm the judgments of the trial court. |
Knox | Court of Criminal Appeals | |
State of Tennessee v. Mark Alan Deakins
The defendant, Mark Alan Deakins, appeals the revocation of his probation, claiming that the State failed to establish a probation violation by substantial evidence. Because the record establishes that the defendant violated the terms of his probationary sentence, we affirm the judgment of the trial court. |
Hamilton | Court of Criminal Appeals | |
Eric Tyreese Davis v. State of Tennessee
Petitioner, Eric Tyreese Davis, appeals the post-conviction court’s dismissal of his postconviction petition in which Petitioner alleged that his trial counsel rendered ineffective assistance of trial counsel in connection with the entry of his pleas of guilty, and that his guilty pleas were not voluntarily or knowingly entered. After a thorough review we affirm |
Wilson | Court of Criminal Appeals | |
State of Tennessee v. Deborah Jo Orr
The Defendant, Deborah Jo Orr, was charged with one count of driving under the influence (fourth offense), one count of driving on a revoked license (first offense), one count of violating the implied consent law, and one count of possession of drug paraphernalia. Following a jury trial, she was convicted as charged. In this direct appeal, she contends that the State presented evidence insufficient to convict her of driving under the influence. After our review, we affirm the judgments of the trial court. |
Dickson | Court of Criminal Appeals | |
State of Tennessee v. Richard Ferrell
After a jury trial, the Defendant, Richard Ferrell, was convicted of driving on a suspended license. The trial court subsequently sentenced the Defendant to a term of six months, with sixty days of the sentence to be served in the county jail followed by supervised probation. In this direct appeal, the Defendant argues that the evidence is insufficient as a matter of law to support his conviction and that the trial court erred by ordering him to serve sixty days in incarceration. Following a review of the sparse record presented on appeal, we affirm the judgment of the trial court. |
Warren | Court of Criminal Appeals | |
State of Tennessee v. Mark Anthony Haynes
The defendant, Mark Anthony Haynes, pled guilty in the Bedford County Circuit Court to three counts of violation of the sex offender registry law, a Class E felony, and was sentenced to consecutive terms of one year, six months for each offense, for a total effective sentence of four years and six months in the Department of Correction. On appeal, he argues that the trial court erred by denying his request for alternative sentencing. Following our review, we affirm the judgments of the trial court. |
Bedford | Court of Criminal Appeals | |
Michelle Tipton v. State of Tennessee
A Sevier County jury convicted the Petitioner, Michelle Tipton, of felony murder, robbery, and second-degree murder, and the trial court imposed a life sentence. On direct appeal, this Court reversed the second-degree murder conviction, merged the robbery conviction with the felony murder conviction, and affirmed the life sentence. The Petitioner filed a petition for post-conviction relief claiming she received the ineffective assistance of counsel. The post-conviction court denied relief after a hearing, and the Petitioner now appeals. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Sevier | Court of Criminal Appeals | |
State of Tennessee v. Kenneth L. Peachman
Defendant, Kenneth L. Peachman, along with seven co-defendants, was indicted in count one of the indictment for first degree, premeditated murder. The co-defendants’ cases are not part of this appeal. Defendant entered a plea of guilty in count one to the lesser included offense of second degree murder, with sentencing left to the discretion of the trial court. Pursuant to the negotiated plea agreement, the State agreed to enter a nolle prosequi as to the remaining counts of the indictment. Defendant filed a pro se motion to withdraw his plea of guilty before sentencing, which was denied by the trial court. Following a sentencing hearing, the trial court sentenced Defendant, as a Range One, standard offender, to twenty-four years, six months. On appeal, Defendant argues that the trial court erred in denying his motion to withdraw his plea of guilty, and that the trial court erred in its sentencing determinations. After a thorough review, we affirm the judgment of the trial court. |
Montgomery | Court of Criminal Appeals | |
Rudolph Powers v. State of Tennessee
The Appellant, Rudolph Powers, appeals the trial court's summary dismissal of his petition for habeas corpus relief. The Appellant failed to assert a cognizable claim for which habeas corpus relief may be granted. Accordingly, the judgment of the trial court is affirmed. |
Wayne | Court of Criminal Appeals | |
State of Tennessee v. Ramone Pierre Gholston
The Defendant, Ramone Pierre Gholston, was convicted by a Montgomery County jury of facilitation of first degree murder, a Class A felony, and facilitation of especially aggravated robbery, a Class B felony. The trial court sentenced the Defendant as a Range I, standard offender to twenty-one years for the facilitation of first degree murder and to ten years for the facilitation of especially aggravated robbery, to be served concurrently. On appeal, the Defendant contends that his sentence for the facilitation of first degree murder is excessive. Because no written waiver of ex post factor rights signed by the Defendant is in the record, the Defendant was improperly sentenced under the 2005 amendments to the Sentencing Act of 1989. We reverse the judgment of the trial court, and we remand the case for resentencing. |
Montgomery | Court of Criminal Appeals | |
Tyrice L. Sawyers v. State of Tennessee
The petitioner, Tyrice L. Sawyers, filed in the Davidson County Criminal Court two petitions for post-conviction relief. The post-conviction court dismissed both petitions as untimely, and the petitioner appeals. Upon review, we affirm the judgments of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Darren Brown
The defendant, Darren Brown, 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 evidence was insufficient to sustain his conviction; (2) the trial court erred in denying his motion for mistrial in light of the prosecutor’s improper closing argument; and (3) the State’s comment on the defendant’s post-arrest silence constitutes plain error. Following our review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
Christopher N. Orlando v. State of Tennessee
The petitioner, Christopher N. Orlando, appeals from the summary dismissal of his petition for post-conviction relief. Holding that the petition is time-barred, we affirm. |
DeKalb | Court of Criminal Appeals | |
Alvis Leroy Sadler v. State of Tennessee
The petitioner, Alvis Leroy Sadler, appeals from the denial of his petition for post-conviction relief. In this appeal, he asserts that he was denied the effective assistance of counsel and that he did not knowingly and voluntarily plead guilty. Discerning no error, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Joseph Benjamin Comer, IV
The Defendant, Joseph Benjamin Comer, IV, was convicted in the Loudon County Criminal Court on his guilty plea of reckless endangerment, a Class A misdemeanor, for which he received an eleven-month, twenty-nine-day sentence on probation. At issue in this appeal is the amount of restitution for damages caused by his crime. We affirm the judgment in part and remand the case to the trial court for entry of a corrected judgment reflecting that restitution is to be paid in monthly installments of $200. |
Loudon | Court of Criminal Appeals |
