Bobby A. Davis v. Howard Carlton, Warden
The pro se petitioner, Bobby A. Davis, appeals the summary dismissal of his petition for writ of habeas corpus, arguing that his aggravated rape and aggravated robbery convictions are void due to various defects in the indictments. Following our review, we affirm the summary dismissal of the petition. |
Johnson | Court of Criminal Appeals | |
David Wayne Smart v. State of Tennessee
The Petitioner, David Wayne Smart, was convicted in 2001 of first degree premeditated murder and sentenced to life in prison. We affirmed that judgment on direct appeal, and the Tennessee Supreme Court denied permission to appeal. The Petitioner subsequently filed a petition for post-conviction relief alleging he was denied the effective assistance of counsel. The post-conviction court denied the petition after a hearing. Upon a thorough review of the applicable record and law, we affirm the judgment of the post-conviction court. |
Davidson | Court of Criminal Appeals | |
Christopher Keyln Dearing v. Howard Carlton, Warden - Dissenting
I respectfully dissent from the majority based upon my conclusion that the trial court erred in summarily dismissing the petition for a writ of habeas corpus that, in my view, presents a cognizable claim for relief. The record reflects that the petitioner pled guilty to theft of property valued between $1,000 and $10,000 and evading arrest, and that he received concurrent sentences of two years and one day and one year, respectively. In his Petition for Writ of Habeas Corpus Relief, the petitioner alleges that the judgment for the theft conviction is void because he did not agree to a sentence of two years and one day and that such a sentence “is void, as obtained through misrepresentation and [an] unfulfilled promise [of] a total two (2) year sentence.” Additionally, he alleges that his guilty plea was not knowing and voluntary because he did not agree to the two year and one day sentence. In support of this allegation, the petition further asserts that both the technical record and the transcript of the guilty plea proceedings reflect that the sentence imposed should have been two years. However, neither the technical record nor the transcript of the guilty plea were attached to the petition in the habeas court. Attached to the petition for the habeas court’s consideration is the judgment of conviction reflecting a sentence of two years and one day for the theft conviction. |
Johnson | Court of Criminal Appeals | |
Christopher Keyln Dearing v. Howard Carlton, Warden
The Appellant, Christopher Keyln Dearing, proceeding pro se, appeals the Johnson County Criminal Court’s summary dismissal of his petition for the writ of habeas corpus. Dearing is currently an inmate at Northeast Correctional Complex in Johnson County as a result of his convictions for Class under the terms of his plea agreement, he pled guilty to Class D theft in exchange for a sentence of two years; however, the judgment form and Department of Correction records show that the actual length of the sentence he is serving is two years and one day. Dearing argues that, because the State has breached the plea agreement, his sentence of two years and one day is void. After review, we agree with the trial court that Dearing’s petition fails to state a cognizable claim for habeas corpus relief. Accordingly, the judgment of the trial court is affirmed. |
Johnson | Court of Criminal Appeals | |
Christopher Keyln Dearing vs. Howard Carlton, Warden - Order
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Johnson | Court of Criminal Appeals | |
Paul T. Davis v. State of Tennessee - Order
The State of Tennessee has filed a petition requesting this court to rehear its opinion filed on December 3, 2007. In its petition, the State requests that the court reconsider our holding that Tennessee Rule of Civil Procedure 59 is not applicable to State habeas corpus proceedings brought by petitioners who are incarcerated as a result of criminal convictions in state courts. The State also takes issue with this Court’s direction that upon remand, the trial court should appoint counsel to represent the petitioner during further proceedings. |
Davidson | Court of Criminal Appeals | |
Paul T. Davis v. State of Tennessee - Concurring and Dissenting
I concur in the result that this court has jurisdiction to hear the appeal, but respectfully, I disagree with the holding that the habeas corpus petition was filed in an appropriate court. |
Davidson | Court of Criminal Appeals | |
Paul T. Davis v. State of Tennessee
The Petitioner, Paul Tobias Davis, appeals the summary dismissal of his petition for habeas corpus relief. In his petition, the Petitioner asserted that his sentence is illegal because he was denied pretrial jail credits. The habeas corpus court summarily dismissed the petition because the petition did not state a sufficient reason for not being filed in the county nearest to the Petitioner. On appeal, the Petitioner raises two issues: (1) whether a motion filed in the habeas corpus court to alter or amend the judgment pursuant to Rule 59.04 of the Tennessee Rules of Civil Procedure can operate to limit the jurisdiction of this Court; and (2) whether the fact that the convicting court possesses relevant records relating to a petitioner’s sentence and retains the authority to correct an illegal sentence at anytime is a sufficient reason under Tennessee Code Annotated section 29-21-105 to file a habeas corpus petition in the convicting court rather than the court closest in point of distance to a petitioner. Following our review, we hold that motions filed pursuant to Rule 59 of the Tennessee Rules of Civil Procedure do not affect the jurisdiction of this Court in actions for habeas corpus relief and that the Petitioner presented a sufficient reason for filing his petition in the Davidson County Criminal Court. Accordingly, we reverse the judgment of the habeas corpus court and remand for the appointment of counsel and further proceedings consistent with this opinion. |
Davidson | Court of Criminal Appeals | |
Cedric Terry v. State of Tennessee
The petitioner, Cedric Terry, appeals the post-conviction court’s denial of his petition for post-conviction relief. On appeal, he argues that he received the ineffective assistance of trial counsel. After a thorough review of the record and the parties’ briefs, the judgment of the post-conviction court denying post-conviction relief is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Karl Daniel Forss - Dissenting
I agree with the majority, for the reasons outlined in its opinion, that it was error for the trial court to apply T.C.A. § 40-35-114(10) (2006) to enhance the defendant’s sentence in this case. However, I respectfully disagree with the majority’s conclusion that the trial court did not consider the mitigating factors proposed by the defendant. In my view, the sentencing hearing transcript establishes that the trial court not only considered the mitigating factors urged by the defendant, it also applied them. The record also establishes that the defendant had a record of illegal drug use, four DUI convictions, and a theft conviction. Thus, the trial court’s conclusion, after weighing the enhancing and mitigating factors, that the enhancement factors greatly outweighed the mitigating factors was supported by the record. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Karl Daniel Forss
The Appellant, Karl Daniel Forss, appeals the sentencing decision of the Cocke County Circuit Court. Under the terms of a plea agreement, Forss entered “open” pleas of guilty to the offenses of attempted aggravated robbery, aggravated assault, and aggravated criminal trespass. The plea agreement provided that the length and manner of the sentences would be determined by the trial court, that Forss would be sentenced as a Range I, standard offender, that the aggravated assault conviction would merge with the attempted aggravated robbery conviction, and that the misdemeanor sentence for the aggravated criminal trespass conviction would run concurrently with the attempted aggravated robbery conviction. Following the sentencing hearing, the trial court imposed an effective sentence of six years in confinement. Forss now appeals the length and manner of his six-year felony sentence. After a thorough review of the record and the arguments of the parties, we modify Forss’ six-year sentence for attempted aggravated robbery to reflect a sentence of four years. We affirm the denial of alternative sentencing. We remand to the trial court for entry of an amended judgment to reflect this sentencing modification. |
Cocke | Court of Criminal Appeals | |
State of Tennessee v. Alonzo Eugene Terrell
The defendant, Alonzo Eugene Terrell, was convicted of domestic assault, a Class A misdemeanor, and was sentenced to eleven months and twenty-nine days, to be served on probation. He filed a motion for new trial, which was denied, and this appeal followed. On appeal, he raises seven issues. First, he argues the evidence was insufficient to support a conviction of domestic assault. He also argues that the trial court erred in allowing the State to introduce certain evidence and erred in denying both his motion to dismiss for violation of his right to speedy trial and his motion for acquittal. Additionally, he contends the court erred in refusing to allow two specific lines of questioning to the victim and a police officer during the trial. Our review reveals that the evidence was sufficient to support the conviction and that no error exists. The judgment from the trial court is affirmed. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Lee Edward Peterson
Lee Edward Peterson, the defendant, was charged in a two-count indictment with possession with intent to sell less than 0.5 grams of cocaine and with possession with intent to deliver less than 0.5 grams of cocaine (Class B felonies). The defendant filed a motion to suppress the evidence obtained from a warrantless search of his person. After the motion was overruled by the trial court, the defendant, pursuant to a negotiated plea, entered a plea of nolo contendere to simple possession of cocaine (Class A misdemeanor), with an agreed sentence of eleven months and twenty-nine days suspended and a fine of $250. The defendant attempted to reserve a certified question of law pursuant to Rule 37(b)(2)(1) of the Tennessee Rules of Criminal Procedure. After review, we conclude that the defendant has failed to properly reserve the certified question of law by failing to include or incorporate by reference the question in the final judgment. Accordingly, the issue is not properly before this court, and the appeal is dismissed. |
Montgomery | Court of Criminal Appeals | |
State of Tennessee v. Eric D. Charles
The defendant, Eric D. Charles, pled guilty in Madison County Circuit Court to aggravated robbery and was sentenced as a Range I, standard offender to ten years in the Department of Correction. The defendant challenges the trial court’s application of two enhancement factors; the State concedes that one of the factors was improperly applied. We conclude that the record supports the trial court’s application of the second enhancement factor and affirm the judgment of the trial court. |
Madison | Court of Criminal Appeals | |
Anthony Darrell Hines v. State of Tennessee
A Cheatham County jury convicted the Petitioner, Anthony Darrell Hines, of first-degree felony murder and sentenced him to death. After a remand to reconsider sentencing, the Tennessee Supreme Court affirmed a second sentence of death, and the United States Supreme Court denied certiorari. The Petitioner filed a petition for post-conviction relief in 1997, which was denied by the trial court and ultimately affirmed by this Court in 2004. The Petitioner filed this petition for post-conviction relief requesting permission and funds to test seven pieces of evidence for DNA. The trial court denied the petition, and, upon a thorough consideration of the facts and applicable law, we affirm the judgment of the trial court. |
Cheatham | Court of Criminal Appeals | |
State of Tennessee v. Dearice Cates, Alias
The defendant was convicted by a Knox County jury of three counts of especially aggravated kidnapping and one count each of aggravated robbery, attempted aggravated robbery, assault, and aggravated burglary, and received an effective sentence of twenty-four years. The trial court subsequently granted the defendant’s motion for judgment of acquittal as to the three especially aggravated kidnapping convictions, holding that the defendant could not be convicted of both kidnapping and robbery because the movement or confinement supporting each kidnapping conviction was essentially incidental to the commission of the robbery, decisions which the State appealed. The defendant likewise appealed, challenging the sufficiency of the evidence supporting his conviction for aggravated robbery. We affirm the defendant’s conviction for aggravated robbery and the trial court’s dismissal of one count of especially aggravated kidnapping. We reverse the trial court’s dismissal of the remaining two counts of especially aggravated kidnapping and remand for reinstatement of those convictions. In all other respects, the judgments of the trial court are affirmed. |
Knox | Court of Criminal Appeals | |
Emmett Crutcher v. State of Tennessee
The petitioner, Emmett Crutcher, pled guilty in 2005 to attempted aggravated arson and was sentenced as a Range II, multiple offender to twelve years in the Department of Correction. In 2006, the petitioner filed for post-conviction relief, alleging that his trial counsel was ineffective. After an evidentiary hearing, the post-conviction court denied his petition, and we affirm that judgment. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Bobby Glenn Scott
Defendant, Bobby Glenn Scott, entered a plea of guilty to possession of methamphetamine, a Schedule II drug, a Class B felony; possession of unlawful drug paraphernalia, a Class A misdemeanor; and unlawful possession of a handgun by a convicted felon, a Class E felony. The transcript of the guilty plea submission hearing is not in the record. The judgments of conviction reflect that the trial court sentenced Defendant as a Range I, standard offender, to twelve years for possession of cocaine, two years for his weapons conviction, and eleven months, twenty-nine days for his misdemeanor conviction. The trial court ordered Defendant to serve his sentences concurrently for an effective sentence of twelve years. Defendant attempted to reserve a certified question of law under Rule 37(b)(2)(I) of the Tennessee Rules of Criminal Procedure, challenging the trial court’s denial of his motion to suppress the evidence seized after execution of a search warrant. After review, we conclude that this Court does not have jurisdiction to address the certified question because the certification did not meet the requirements of State v. Preston, 759 S.W.2d 647 (Tenn. 1988). The appeal is, therefore, dismissed. |
Henderson | Court of Criminal Appeals | |
State of Tennessee v. Vern Braswell
Defendant, Vern Braswell, was indicted for first degree premeditated murder. Following a jury trial, Defendant was found guilty of the lesser included offense of second degree murder. After a sentencing hearing, Defendant was sentenced as a Range I, standard offender, to twenty-four years. On appeal, Defendant argues that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in certain evidentiary rulings; and (3) his sentence is excessive. After a thorough review, we affirm the judgment of the trial court. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. Kevin E. Glasgow
The defendant, Kevin E. Glasgow, was convicted of driving under the influence (DUI), fourth offense, a class E felony, and received a sentence of one year, suspended after 150 days. He was acquitted of driving on a revoked license. On appeal, the defendant argues that the evidence is not sufficient to support his conviction and that the jury rendered an inconsistent verdict by finding him guilty of DUI and not guilty of driving on a revoked license. We conclude that no error exists, and we affirm the judgment of the trial court. |
Stewart | Court of Criminal Appeals | |
Paul Hayes v. State of Tennessee
The petitioner, Paul Hayes, appeals the denial of his petition for post-conviction relief. On appeal, he contends that the trial court erred in denying his petition for relief but provides no proof of ineffective assistance of counsel. Therefore, the judgment from the post-conviction court is affirmed. |
Shelby | Court of Criminal Appeals | |
State of Tennessee v. William Edward Wright
The defendant, William Edward Wright, was convicted by a Davidson County jury of one count of conspiracy to sell over twenty-six grams of cocaine, a Class B felony; two counts of facilitation of the sale of over twenty-six grams of cocaine, a Class C felony; and one count of possession with intent to deliver over twenty-six grams of cocaine, a Class B felony. He was sentenced by the trial court as a Range II offender to twenty years for the conspiracy conviction, ten years for each of the facilitation convictions, and twenty years for the possession with intent to deliver conviction. Finding the defendant to be a professional criminal, that he had an extensive history of criminal activity, and that the offenses were committed while he was on probation, the trial court ordered that the twenty-year sentences be served consecutively, for an effective sentence of forty years in the Department of Correction. On appeal, the defendant argues that the evidence was insufficient to support his conspiracy and facilitation convictions, the trial court erred in denying his motions to suppress his statement and the evidence seized during the search of his residence, and his sentence was excessive. Finding no error, we affirm the judgments of the trial court. However, we remand for the entry of a corrected judgment in Count 3 to reflect the correct conviction offense of facilitation of the sale of over twenty-six grams of cocaine. |
Davidson | Court of Criminal Appeals | |
State of Tennessee v. Seletta McKinnis
The Defendant, Seletta McKinnis, was arrested and pled guilty to failing to appear in court. She received a sentence of “time served.” The Defendant was subsequently indicted on separate offenses and applied for pretrial diversion. The prosecutor denied her application, explaining that she had previously served a sentence of confinement. She appealed to the Circuit Court, which also denied her application, and now she appeals, arguing that her “time served” sentence should not preclude her from pretrial diversion. Finding no error, we affirm the trial court’s judgment. |
Dyer | Court of Criminal Appeals | |
Mario Merritt v. State of Tennessee
A Shelby County jury convicted the Petitioner, Mario Merritt, of especially aggravated robbery, and the trial court sentenced him to twenty-five years in prison. The Petitioner filed a petition for post-conviction relief claiming he was not afforded the effective assistance of counsel. After a hearing, the post-conviction court denied the petition, finding the Petitioner failed to prove that trial counsel was deficient and that any alleged errors caused prejudice. After a thorough review of the record and applicable law, we affirm the judgment of the post-conviction court. |
Shelby | Court of Criminal Appeals | |
Keith T. Perry v. Glen Turner, Warden
The Petitioner, Keith T. Perry, pled guilty to second degree murder in 2000, with an agreed sentence of thirty years to be served at one hundred percent. He subsequently filed a petition for habeas corpus relief claiming the following: (1) the thirty-year sentence violated Blakely v. Washington and its progeny; (2) the thirty-year sentence violated the Tennessee Code’s requirement that Range I offenders not be sentenced to more than twenty-five years; and (3) the Tennessee Code sections applicable are ambiguous. The habeas court denied the petition, and, upon a thorough consideration of the facts and applicable law, we affirm the judgment of the habeas court. |
Hardeman | Court of Criminal Appeals |
